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.