EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: The Council President
At the request of: Task Force to Study Commission for Historical and
Architectural Preservation
A BILL ENTITLED
AN ORDINANCE concerning
Title
Commission for Historical and Architectural Preservation -Reconstitution
FOR the purpose of reconstituting the Commission for Historical and Architectural Preservation as a unit of the Planning Department; modifying the composition of the Commission; imposing certain term limits on appointed members of the Commission; abolishing the position of Executive Director and providing, instead, for the appointment of a Division Chief for Historical and Architectural Preservation; increasing the penalties for violations; correcting, conforming, and clarifying certain language; and generally relating to the administration of the laws governing historical and architectural preservation.
Body
BY repealing and reordaining, with amendments
Article 6 - Historical and Architectural Preservation
Section(s) 2-1, 2-2, 2-3, 4-5, and 5-3
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 6. Historical and Architectural Preservation
Subtitle 2. Commission for Historical and Architectural Preservation
§ 2-1. Commission [created] ESTABLISHED.
[(a) In general.]
[(1)] There is [hereby created a commission to be known as the "Commission for Historical and Architectural Preservation"] COMMISSION FOR HISTORICAL AND ARCHITECTURAL PRESERVATION IN THE DEPARTMENT OF PLANNING.
§ 2-2. MEMBERS.
(A) COMPOSITION - GENERAL.
[(2)] The Commission [shall consist] CONSISTS of 11 members [to be appointed by the Mayor].
(B) COMPOSITION - APPOINTED MEMBERS.
(1) 8 MEMBERS ARE APPOINTED BY THE MAYOR, IN ACCORDANCE WITH CITY CHARTER ARTICLE IV, § 6, AS FOLLOWS:
(I) 1 TO BE NOMINATED BY THE GREATER BALTIMORE COMMITTEE.
(II) 1 TO BE NOMINATED BY BALTIMORE HERITAGE.
(III) 1TO BE NOMINATED BY THE CITIZENS PLANNING AND HOUSING ASSOCIATION.
(IV) 1 WHO IS AN HISTORIAN KNOWLEDGEABLE IN THE HISTORY AND CULTURE OF BALTIMORE CITY.
(V) 1 WHO IS A LICENSED REAL ESTATE BROKER DOING BUSINESS IN BALTIMORE CITY.
(VI) 1 WHO IS A LICENSED ARCHITECT KNOWLEDGEABLE IN ARCHITECTURAL PRESERVATION.
(VII) 2 WHO OWN AND OCCUPY RESIDENCES IN AN HISTORICAL AND ARCHITECTURAL PRESERVATION DISTRICT.
(2) 1 MEMBER IS A COUNCILMEMBER APPOINTED BY THE PRESIDENT OF THE CITY COUNCIL.
(C) COMPOSITION - AGENCY REPRESENTATIVES.
(1) 1 MEMBER IS THE PRESIDENT OF THE BALTIMORE DEVELOPMENT CORPORATION OR THE PRESIDENT'S DESIGNEE.
(2) 1 MEMBER IS THE COMMISSIONER OF HOUSING AND COMMUNITY DEVELOPMENT OR THE COMMISSIONER'S DESIGNEE.
(D) [(b)] General qualifications.
[All members] EACH MEMBER:
(1) must be [residents] A RESIDENT of Baltimore City; and
(2) must demonstrate a special interest, knowledge, or training in such fields as history, architecture, preservation, or urban design.
[(c) Specific qualifications.
(1) 1 member is to be chosen from a list of 2 nominated by the Board of Trustees of the Baltimore Museum of Art;
(2) 1 from a list of 2 nominated by the Board of Trustees of the Municipal Museum of Baltimore;
(3) 1 from a list of 2 nominated by the Board of Trustees of the Walters Art Gallery;
(4) 1 from a list of 2 nominated by the Council of the Maryland Historical Society;
(5) 1 to be a member of the Baltimore City Council nominated by the President of that body;
(6) 1 to be an architect registered to practice his profession in the State of Maryland and actually practicing as such in the City of Baltimore;
(7) 1 to be a teacher of history in a recognized college or university located in the State of Maryland or an individual engaged as an historian by a nonprofit organization devoted to matters of historic interest; and
(8) 4 to be citizens actively interested in civic improvement.]
[(d) Definitions.
(1) The term "teacher of history" for the purposes of, and as used in, this article shall mean "a person experienced as a teacher in the field of history or related fields appropriate to the intent of this ordinance".
(2) The term "historian" for the purposes of, and as used in, this article shall mean "a person experienced in the field of history or related fields appropriate to the intent of this ordinance".]
[§ 2-2. Appointment; terms; vacancies.
(a) Appointment.
The several members of the Commission shall be appointed by the Mayor of Baltimore City under the provision of Article IV, § 6 of the City Charter.]
(E) [(b)] Term OF APPOINTED MEMBERS.
(1) Each of the [Commissioners] MEMBERS APPOINTED BY THE MAYOR serves for a term of 4 years, concurrent with the Mayor's term of office, [or ] AND until [his] A successor IS APPOINTED AND qualifies [and takes office].
(2) THE MEMBER APPOINTED BY THE CITY COUNCIL PRESIDENT SERVES A TERM OF 4 YEARS, CONCURRENT WITH THAT APPOINTEE'S SERVICE ON THE COUNCIL, AND UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIES.
(3) A MEMBER MAY NOT BE APPOINTED BY THE MAYOR OR THE PRESIDENT TO SERVE MORE THAN 2 CONSECUTIVE TERMS.
[(c) Removal.
Any Commissioner may be removed by the Mayor as provided in Article IV, § 6 of the City Charter.]
[(d) Vacancies.
(1) Any vacancy in the membership of the Commission caused by the expiration of a term or by the resignation removal, death, or permanent absence from the City of Baltimore of an incumbent or by a superseding incapacity on his part, whether physical or mental, to discharge his duties, or by any other cause creating such a vacancy, either actual or in effect, shall be filled for a new term or for the remainder of the term of such incumbent, as the case may be, in the same manner as provided herein for the nomination and appointment of the first members of the Commission.
(2) Any member of the Commission shall be eligible for renomination and reappointment.
(3) All vacancies shall be filled within 60 days.]
§ 2-3. Officers; staff; compensation.
(a) Chair and Vice-Chair.
The Commission shall annually elect one of its members as Chairman and another as Vice-Chairman.
(b) Executive Director.
(1) The DIRECTOR OF PLANNING, WITH THE APPROVAL OF THE Commission, shall [also] appoint [an individual, not a member of the Commission, as] AN Executive Director [of] FOR the Commission.
(2) [to] THE EXECUTIVE DIRECTOR SHALL perform [such] THE duties [as] set forth [hereinafter] IN THIS ARTICLE or otherwise required by the Commission.
(3) THE DIRECTOR OF PLANNING, WITH THE APPROVAL OF THE COMMISSION, MAY SUSPEND OR DISMISS THE EXECUTIVE DIRECTOR.
[(2) The Executive Director shall serve at the pleasure of the Commission and if such Executive Director is not otherwise an employee of the City, shall receive such compensation, if any, as may be approved by the Board of Estimates and provided for in the annual Ordinance of Estimates.]
(c) [Consultants] STAFF and [other personnel] CONSULTANTS.
(1) THE DIRECTOR OF PLANNING SHALL ASSIGN STAFF FROM THE PLANNING DEPARTMENT TO ASSIST THE COMMISSION AND EXECUTIVE DIRECTOR.
(2) The Commission may employ [or hire, from time to time, such] CONSULTANTS AND other personnel [and consultants as is] necessary for the proper performance of [the] ITS duties,[ powers and functions of the Commission, said personnel and consultants to receive such compensation] as [may be] provided [for] in the [annual] Ordinance of Estimates.
(d) Compensation.
The members of the Commission [shall] serve without compensation, but [they shall] ARE ENTITLED TO be reimbursed for their expenses necessarily incurred in the performance of their duties [as such].
Subtitle 4. Alterations, etc., to Properties
§ 4-5. Certificate of Appropriateness or Notice to Proceed.
(a) Issuance.
If the Commission determines that the proposed excavation, construction or erection, reconstruction, alteration, removal of an exterior architectural feature, change in exterior color, or demolition of [any structures within said] A STRUCTURE IN A District, [or] on [said] Landmark List, or on the Special List [will be] IS appropriate[,] or, although inappropriate, without substantial detriment to the public welfare and without substantial derogation from the intent and purposes of this [ordinance as aforesaid] ARTICLE, the [Executive Director of the] Commission shall [cause] forthwith [to be forwarded] FORWARD to the Commissioner of Housing and Community Development a Certificate of Appropriateness or a Notice to Proceed, as applicable, along with the RELATED application, plans, and specifications [relative thereto].
Subtitle 5. Judicial Review and Enforcement
§ 5-3. Penalties.
(A) IN GENERAL.
Whoever excavates, constructs or erects, reconstructs, alters, removes any exterior architectural feature, changes the exterior color, or demolishes any [buildings] BUILDING or [structures] STRUCTURE[, now or hereafter,] in any Historical and Architectural Preservation District, [or any building] on the Landmark List, or on the Special List, in violation of [the provisions of] this article[,] IS GUILTY OF A MISDEMEANOR AND, ON CONVICTION, [shall be punished by] IS SUBJECT TO a fine of [not less than $50 and] not more than [$500] $1,000 [and/or] OR imprisonment for not more than 12 months OR BOTH FINE AND IMPRISONMENT FOR EACH OFFENSE.
(B) EACH DAY A SEPARATE OFFENSE.
EACH DAY THAT A VIOLATION CONTINUES IS A SEPARATE OFFENSE.
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
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