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