City of Hyattsville, MD Chapter 46 Building Construction

[HISTORY: Adopted by the Mayor and Council of the City of Hyattsville 12-1-1969. Amendments noted where applicable.]

§ 46-1 Adoption of standards by reference; enforcement; noncompliance.

[Amended 7-6-1981 by HB No. 10-81]

A. Subtitle 4, Building, of the Prince George's County Code, 1979 Edition, as it may from time to time be amended, is hereby adopted by the City, and all of the powers, rights and requirements of compliance contained therein, to the extent that they are exercisable by a municipal corporation, may be exercised by the City.

[Amended 12-19-1983 by HB No. 15-83]

B. The Code Enforcement Officer, who shall be appointed by the Mayor and Council, shall have the duty of enforcing the aforesaid code provisions. Inspections shall be programmed on a ward-by-ward basis but shall also include the investigation of individual complaints of alleged violations from private sources.

C. Upon verification of a violation, the Code Enforcement Officer shall serve a notice and order upon the owner, general agent or lessee of the involved structure or land, directing that the violation shall cease. In the event that notice cannot be served, it shall be posted upon the structure or land involved. If at the expiration of the time specified in such notice and order, not to exceed 30 days, the violation has not been remedied, the party notified shall be subject to the penalties set forth in § 46-2 of this chapter.

§ 46-2 Violations and penalties.

[Added 3-3-1980 by HB No. 3-80; amended 7-6-1981 by HB No. 11-81, 6-1-1998 by HR 98-03, 12-13-2010 by HO-2010-04]

A. The owner and/or lessee of any structure or land where anything in violation of this chapter is constructed, placed or exists or is maintained shall, upon the expiration of the notice period, be guilty of a municipal infraction as provided by Chapter 20 of this Code. The fine for each violation shall be $100 per day for each day that such violation continues and $200 per day for each day that such violation continues in excess of 30 days.

B. In addition to the penalties prescribed above, the City shall have the right to institute injunction, mandamus or any other appropriate civil action or proceeding to prevent violations of this chapter.

§ 46-3 Hyattsville commercial revitalization district design plan.

[Added 4-1-1985 by HB No. 2-85; amended 9-15-1986 by HB No. 11-86]

A. Necessity of plan. The exterior of any structure located within the boundary description shall not be rehabilitated, changed, altered, repaired, remodeled or otherwise constructed upon unless it is in conformance with the Hyattsville Commercial Revitalization District Design Plan, in order to promote and enhance the unique character of the Hyattsville Commercial Revitalization District so that it provides a stable, healthy business environment serving the needs of a broad community and to help to create a unique neighborhood business district with enhanced economic viability, attractiveness and convenience for residents of the surrounding neighborhoods and the broader community.

B. Boundary description. The requirements of this section shall apply to all Commercial Properties within the officially designated area of the Hyattsville Commercial Revitalization District. This area shall include all commercial properties in the area bounded by the City's boundary on the east and south; Oliver Street and the City's boundary on the north; and 41st Street, 42nd Place, 43rd Avenue and the west side of Baltimore Avenue on the west.

C. Enactment of plan. The Mayor and Council shall cause a Hyattsville Commercial Revitalization Design Plan to be prepared. This plan shall contain such architectural designs and building standards, including those set forth in the National Historic Trust's standards for rehabilitation, as are necessary to accomplish the purposes and objectives set forth in Subsection A of this section. Before such plan is adopted, the City shall first conduct a public hearing to allow comment on the plan.

D. The following additional building requirements shall be applied to all uses within the boundary description:

(1) Building fronts and sides abutting streets.

(a) All structural and decorative elements of building fronts and sides abutting streets shall be repaired or replaced in a workmanlike manner to conform to the Hyattsville Commercial Revitalization Design Plan.

(b) All cornices shall be made structurally sound and rotten or weakened portions shall be removed and repaired or replaced to match as closely as possible the original patterns. All exposed wood shall be painted.

(c) Windows, entrances, signs, lighting, sun protection, security grilles, etc., shall be designed to be compatible and harmonious and consistent with the original scale and character of the structures.

(d) Boarded-up windows or storefronts shall not be permitted.

(e) All damaged, sagging or otherwise deteriorated storefronts, show windows or entrance shall be repaired or replaced at the direction of the Design Review Board.

(f) Buildings or groups of buildings being used by a single tenant shall be rehabilitated in a unified and harmonious manner consistent with the Hyattsville Commercial Revitalization Design Plan.

(g) Each building shall be rehabilitated and repaired with materials and in a manner consistent with the original construction techniques, where possible.

(h) In the case of front walls which have been wholly or partially resurfaced or built over with formstone, wood, structural glass veneer or other materials, these surfacing materials shall be removed and the building front repaired in the manner described above. If restoration of the original materials is determined by the Design Review Board to be unfeasible, the front shall be improved in a manner acceptable to it.

(2) Rear and side walls and chimneys.

(a) Rear and side walls shall be repaired and/or painted to present a neat and fresh appearance.

(b) Side walls, where visible from the street, shall be finished or painted so as to be harmonious with the front of the building.

(c) Chimneys or any other auxiliary structures on the roofs shall be repaired and cleaned.

E. Signs.

(1) General. No signs other than those identifying the property where they are installed or identifying the use conducted therein shall be permitted. Billboard advertising shall not be permitted. Such signs shall be in conformance with the Hyattsville Commercial Revitalization Design Plan. No freestanding signs or sign posts shall be permitted.

(2) Flashing or moving signs. Flashing or moving signs shall not be permitted.

(3) Nonconforming signs. All signs not conforming to the above regulations shall be removed within six months from the date of enactment of the plan by the Mayor and City Council of Hyattsville.

F. Period of compliance. The construction, rehabilitation, alteration and repair requirements of this section and the work necessary to meet such requirements shall be undertaken within 18 months from the enactment of the design plan and shall be completed promptly. Nothing herein shall be construed to permit or restrict any construction, alteration, change, repair, use or any other matter otherwise forbidden or restricted or controlled by any other public law of the State of Maryland or of Prince George's County, Maryland. Design Review Board is hereby established, which shall consist of five persons; at least two members shall be property or business owners or tenants in the boundary description, and at least one member shall have an architectural or building design background. Three members shall be appointed by the Mayor and Council for a two-year term, and two members appointed for a one-year term..

G. Design review and approval.

(1) A Design Review Board is hereby established, which shall consist of five persons; at least two members shall be property or business owners or tenants in the boundary description, and at least one member shall have an architectural or building design background. Three members shall be appointed by the Mayor and Council for two year terms and two members appointed for one-year terms.

(2) Designs for all building improvements, alterations, repair, rehabilitation or painting concerning the exterior of the existing buildings, their yards or their show windows and for all signs within the boundary description shall be submitted to the Design Review Board, and written approval by the Design Review Board shall be required before proceeding with the work. The Design Review Board shall act upon any request no later than 30 days of such request.

(3) The Design Review Board shall be concerned with implementing and interpreting the design plan and the working manual incorporated therein.

(4) On its own initiative or at the request of any owner preparing a design plan, an inspection of the property shall be made by the Design Review Board to determine the minimum improvements which must be undertaken to provide safe, sound and sanitary conditions. The Design Review Board will also advise the owner of the necessary external improvements which will be required to attain compliance with the objectives of the design plan.

H. Hearings. The Design Review Board, upon written application from anyone aggrieved by the requirements imposed by the design plan, shall schedule a hearing on the matter within a reasonable time thereafter. The applicant shall be notified by registered mail of the scheduled hearing at least 15 days in advance of the scheduled meeting. On the scheduled date of the hearing, the Design Review Board shall hear the applicant or his or her designated agent, if either shall appear, and may also hear additional evidence or verified information which may have a bearing upon the case. After such hearing, the Design Review Board shall issue its decision in writing within 15 days of said hearing, which shall be binding upon the property owner or business owner.

I. Appeal. A decision of the Design Review Board may be appealed to the Hyattsville Mayor and City Council by filing a notice of appeal with said body in writing within 30 days of the decision of the Design Review Board. Such appeal shall be governed by the Maryland Administrative Procedure Act then in effect.

J. Effect of partial invalidity. If any section, subsection, paragraph, sentence, clause or phase of this chapter should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this chapter, which shall remain in full effect, and to this end the provisions of this chapter are hereby declared to be severable.