Why Won't Mont. Co., MD Govt. Fix This Problem?

Tuesday, September 14, 2010

Update 2 (Email from Permitting) on 9/14/2010

----- Original Message -----

From: Stephenson, Karen

To: Scott Shirley

Cc: Rasolee, Simin

Sent: Tuesday, September 14, 2010 11:38 AM

Subject: FW: No Permit for Construction

Dear Mr. Shirley:

Thank you for your inquiry to the Department of Permitting Services (DPS). The following information is in response to your email.

A complaint has been registered with DPS and the service request number is 199955767. The complaint has been assigned to Inspector Don Holloway. The Inspector can be reached directly at 301-370-3670.

Please feel free to call or email me should you have additional questions. To learn more about our department and the services we provide, please visit our web address at:

http://montgomerycountymd.gov/permittingservices

Sincerely,

Karen Stephenson

Permit Technician

Phone: 240-777-6279

Fax: 240-777-6262

Email: Karen.Stephenson@montgomerycountymd.gov

-----Original Message-----
From: Scott Shirley
Sent: Tuesday, September 14, 2010 9:36 AM
To: DPS Email; Consumer Protection; Hansen, Marc P.; Thompson, Alexandra; Spicer, Malcolm; Webmaster@AspenHillCivicAssociation.org
Subject: No Permit for Construction

Here is some information on a construction job where no permit was pulled. I have brought this to other's attention and it seems the county really does not care about the safety of me and my neighbors. http://whywontmontcomdgovtfixthisproblem.blogspot.com/

Monday, September 13, 2010

Update 1: The Crumbling Retaining Wall at 4613 Kemper St, Rockville, MD

Construction started on the first section of the wall that had fallen. They tore down the old section that fell on 7/16/2010 and erected a cinder block wall on the old foundation.

Before New Construction

After New Construction

No footers were inspected on this project and based on County records, there is no current permit for this construction which means although Montgomery County is well aware that work is being done here, no one has found it necessary to inspect this work to make sure it is up to code and won't endanger the residents of this community.

On Montgomery County's web site it states:

WHEN IS A BUILDING PERMIT REQUIRED?

A building permit is required for all new construction, addition, alterations, including decks, sheds, retaining walls, and fences in Montgomery County and municipalities, with the exceptions of the City of Rockville and the City of Gaithersburg.

WHEN IS A FENCE / RETAINING WALL PERMIT REQUIRED?

A permit is required to install any type of fence.

EXCEPTION:

When an existing fence that was INSTALLED WITH A BUILDING PERMIT is being replaced with the same kind of fence in the same location at the same height, no permit is required.

A permit is required to install a retaining wall if the height of the wall measured from the bottom of the footing to the top of the wall is 54 inches or more.

I have called the County again to inquire about why this section was not inspected for footers prior to construction. Mr. McHugh said he will forward my e-mail to the permitting office.

In my previous post there were pictures showing how bad the front wall, along the sidewalk, was pushed out and leaning by the earth, yet this section is not going to be repaired. Again, this is the section that the neighbors with children can not allow them walk by or ride their toys by due to their safety and what could happen to someone if that section falls on them.

It's beginning to look more like court action will be required to get Montgomery County and the home owner to do something about this on going problem.

Thursday, September 2, 2010

The Crumbling Retaining Wall at 4613 Kemper St, Rockville, MD

Submitted by Scott Shirley

I have been trying since Fall of 2009 to get Montgomery County, Maryland Government inspectors to do something about this wall and it's deteriorating condition.

This wall (see pictures) surrounds the residence at 4613 Kemper Street, Rockville Maryland and is constructed with a main cinder block wall with a brick veneer. The section along the public sidewalk is five to six feet tall and the section between 4613 Kemper St. and my next door neighbor is five feet tall. The wall was roughly built about 50 years ago and contained no weep holes for drainage.

First Section That Fell on 7/16/2010

Over time this wall has been tipping over due to the Hydrostatic Pressure which occurs when the earth against the wall area absorbs rain water and has no way of draining thus applying great pressure upon the wall until the wall gives away.

Shows block wall pushed out at base.

On July 13, 2010 I called the Montgomery County Government again to complain about the dangers of this wall to my neighbors who are in their eighties. As a neighbor, I have been looking out for their well being and helping them with many things over the years. The County gave me a service number (#118706986) and assigned inspector Valerie Whitby to the case. On July 16, 2010 a 15' to 20' by 5' high wall section came down into the yard of the neighbors I look after. I called the Mont. Co. office and told them something has to be done immediately before someone is seriously hurt or killed. Several days later, they sent a letter to the home owner giving them 30 days to repair the wall.

Around August 16, 2010 another section 12' long by 5' high fell into my neighbors yard AGAIN.

Wall section fell into garden.

This section feel into their garden. When I called the county inspector, Ms. Whitby, she displayed no concern for my neighbor's safety. She said "If you are so concerned for your neighbor's safety, go over and tell your neighbor to stay out of their garden". She acted like my neighbors do not have the right to safely and to peacefully enjoy their own yard.

There is also a danger, as shown in the pictures below, to the public who walk up and down the sidewalk since that section of the wall is leaning over towards the sidewalk. Many of us on the street can't let

our children ride their bikes or take walks near that PUBLIC area due to the danger this wall poses to us and them.

As of today, September 2, 2010, nothing has been done to remedy the situation. We are well past the 30 days the home owner was given to remedy the situation. I have called Council Member Nancy Navarro's office today and back in July to see if something can be done to protect my neighbors and my family from the dangerous situation. I was told the Montgomery County Inspectors Ofc. did not consider the wall to pose an imminent danger to anyone.

I have captured all the these events on video and still photos as evidence should someone get hurt due to the lack of immediate action by the Montgomery County Government.