Belman v. State

CHASANOW, Judge. The question presented in the instant case is whether a person who purchases a house in an historic district without knowing that the house does not conform to the district’s preservation requirements and who fails to make repairs to bring the house into compliance can be subject to criminal sanctions under the Baltimore City Code, Article 1, § 40(w) (1976, 1983 Repl. Vol.). In 1979, Ridgeley’s Delight Historic District was established by a Baltimore City ordinance.

The house located at ²⁰⁹ 621 South Freemont Avenue is in the historic district. In the early 1980’s, a previous structure standing on that lot was torn down and a prefabricated house was erected by the Land Development Corporation. Angelo Rose was president of the corporation. The plans for the prefab house were approved by the Commission for Historical and Architectural Preservations (CHAP) subject to several conditions necessary to bring the house into compliance with CHAP requirements.

Two of the requirements were that Mr. Rose, on behalf of his corporation, agree to install a glass transom over the front door and construct a wood cornice in the west facade of the property. Following the agreement between Mr. Rose and CHAP, on November 21, 1988, CHAP granted a Notice to Proceed and the necessary building permits were issued. The house was erected; however, the corporation did not install the transom or construct the cornice. As the house neared completion, the builder agreed with a local radio station to offer the house as a prize in a radio promotion.

Eddie Wesson was the lucky winner of the house. A year or more later, Wesson obtained a use and occupancy permit and shortly thereafter sold the house to Petitioner Harry R. Belman. Prior to purchasing the property, Belman had a title search performed, was assured that there was a use and occupancy permit, and obtained a lien report which included a certification that there were no outstanding violation notices from the City of Baltimore. Rose’s agreement with CHAP to install the transom and cornice was not recorded among the land records.

Belman had no actual knowledge of Rose’s agreement to install the transom and to construct the cornice, so it was a surprise to him when, shortly after purchasing the house, he was contacted by CHAP representatives and told that the house was not in compliance with historic district requirements. At the request of CHAP, Belman did some work on the house to comply with some of the historic district requirements, but he refused to install the transom or to construct the cornice. ²¹⁰ Apparently there were continuing efforts to have Mr. Belman bring the house into compliance and, when they failed, on August 22, 1989, four and one-half years after he purchased the property, Belman was charged with several criminal violations. The two offenses for which Belman was ultimately convicted were: 1. “[That he] failed to install glass transom above 1st floor front entrance door as approved by the Commission for Historical and Architectural Preservation from a revised design dated November 21, 1983. (glass transom is missing over door on 1st floor front).” 2. “[That] the following parts of the revised design have not been installed according to the Commission for , Historical and Architectural Preservation’s Notice to Proceed dated November 21, 1983, to wit: wooden cornice is missing from the 2nd floor — no approval from the Commission for Historical and Architectural Preservation to omit wood cornice.” Belman raises several contentions on appeal.

He contends that his refusal to install the transom and to construct the cornice are not within the purview of the criminal statute. He also contends that the statute requires mens rea and that he had no notice of the violation. Finally, he contends that the city is estopped from asserting that CHAP standards have not been complied with since a use and occupancy permit was issued. He asserts that by issuing a permit, the city has certified that the property is ready for occupancy and that all general welfare standards, including CHAP standards have been satisfied.

We need only address his first contention. The Baltimore City Code, Article 1, § 40, subsections (a) through (w), establishes the Commission for Historical and Architectural Preservation. The act also provides in relevant part in subsection (q): “Before any person or other legal entity commences any excavation, or the construction or erection of any building, fence, wall, or other structure of any kind, or com ²¹¹ menees any reconstruction, alteration, or removal of any exterior architectural feature, or commences any change in the exterior color by painting or other means, or commences any demolition of any structures now or hereafter in any Historical and Architectural Preservation District, or commences any reconstruction, alteration, or removal of any exterior architectural feature, or commences any change in the exterior color by painting or other means, or commences any demolition of any structures now or hereafter appearing on the Landmark List or the Special List, such person or other legal entity shall submit an application for a permit to the Commissioner of Housing and Community Development, and no work contemplated herein shall commence before the issuance of such permit.” Section 40(w) provides for criminal penalties. It states: “Whoever excavates, constructs or erects, reconstructs, alters, removes any exterior architectural feature, changes the exterior color, or demolishes any buildings or structures, 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 section, shall be punished by a fine of not less than Fifty Dollars ($50) and not more than Five Hundred Dollars ($500) and/or