§ 94-101. Affirmative maintenance requirements; demolition by neglect.

(a)

Intent. It is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of structures located within locally designated historic districts or to individually designated historic resources, and the interior portions thereof when such maintenance is necessary to prevent deterioration and decay of the exterior. This includes the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce, a detrimental effect upon the character of the district as a whole or the life and character of the landmark, structure or property. It is the further intent of this section to allow the board to work with the property owner to encourage maintenance and stabilization of the structures before any enforcement action is taken.

(b)

Affirmative maintenance.

(1)

Every owner of a property within a designated historic district or of a local landmark shall keep in good repair and shall properly maintain:

a)

All of the exterior portions of such building or structure; and

b)

The building site including landscaping features within a property's boundaries which help to define historic character. These features include, to the extent they exist on a property, driveways, walkways, lighting, fencing, walls, signs, benches, fountains, wells, terraces, trees and other plants, berms, drainage or irrigation ditches, and archeological features that are important in defining the history of the site.

(2)

In addition, where the historic resource is an archaeological site, the owner shall be required to maintain his property in such a manner as not to adversely affect the archaeological integrity of the site.

(c)

Demolition by neglect.

(1)

It is the intent of this subsection to preserve deliberate or inadvertent neglect the exterior features of structures designated as contributing or significant, as well as interior portions thereof which, if not so maintained, may cause such structure to deteriorate or to become damaged or otherwise fall into a state of disrepair.

(2)

No owner of a property within a designated historic district or of a local landmark shall cause or permit the property to suffer demolition by neglect as defined in section 94-2 or consistent with the requirements of this subsection.

(d)

Criteria. In the absence of an interior inspection or a structural engineer's report as to any structural degradation, the board or CEB may find lack of affirmative maintenance or demolition by neglect upon one or more of the following criteria:

(1)

Deteriorated or inadequate foundations;

(2)

Defective or deteriorated flooring or floor supports of insufficient size to carry imposed loads with safety;

(3)

Members of walls or other vertical supports that split, lean, list, or buckle due to defective material, workmanship, or deterioration;

(4)

Members of walls or other vertical supports that are insufficient to carry imposed loads with safety;

(5)

Members of ceilings, roofs and their support system, or other horizontal members which sag, split or buckle due to defective material, workmanship or deterioration;

(6)

Members of ceiling and roof supports or other horizontal members that are insufficient to carry imposed loads with safety;

(7)

Fireplaces or chimneys which list, bulge, or settle due to defective material, workmanship, or deterioration;

(8)

Deterioration or defects in paints, coating systems, flashing, or other ineffective waterproofing of exterior walls, roof and foundations, including windows and doors that may result in destructive moisture penetration or other forms of rot and decay;

(9)

Any fault, defect, or condition in the building which renders the same structurally unsafe or not properly watertight;

(10)

The deterioration or crumbling of exterior plasters, mortars, brick, stone or wood siding;

(11)

The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions as determined by the building official;

(12)

Deterioration of a historic building or other historic resource to the extent that it creates or permits the creation of a hazardous or unsafe condition or conditions as determined by the building official; and

(13)

Deterioration or removal of any unique architectural feature which would detract from the original architectural style;

(14)

Any structure that has become uninhabitable shall be presumed to be suffering from demolition by neglect.

(e)

Procedure.

(1)

Upon an oral or written complaint (which may be made by a member of the public, the board, or city staff) that the property within a locally designated historic district, or a local landmark, is being demolished by neglect or is not being affirmatively maintained, the CLG-HPO shall investigate the complaint. If the complaint is found to be valid, the CLG-HPO shall instruct the property owner to contact the CLG-HPO within a reasonable amount of time to arrange a meeting to discuss the property. During this first meeting with the property owner or his agent, or if the property owner does not arrange for or attend a meeting, the designated OHPAB Representative and the CLG-HPO shall inspect the property and recommend any necessary repairs. If necessary, the CLG-HPO shall obtain an inspection warrant pursuant to applicable law. The OHPAB Representative shall prepare a report to the full board on the condition, repairs needed to maintain and stabilize the structure, any resources available for repairs, and a reasonable time frame needed for the repairs. If the condition of the property is such that the representative or another member of the board does not have the expertise to properly evaluate the historic resource, the board shall seek the opinion of a professional with the required expertise.

(2)

At the next regularly scheduled board meeting, the full board shall discuss the findings of the designated representative. Determinations shall be based on the criteria found in subsection (c) of this section. If the findings so indicate, the board shall make a preliminary finding of demolition by neglect, a lack of affirmative maintenance, or no violation, and shall forward its determination along with specific actions to be taken with reasonable particularity, timeframes and a deadline for completion of repairs necessary to preserve or repair structures or other resources, to the CEB for recommendation that the structure shall be declared a nuisance and that a certification of demolition by neglect (CDN) be issued. If the owner does not comply with the board's determination and direction, the CLG-HPO shall notify the building official who shall then forward the matter to the CEB pursuant to the procedures in section 2-441 of the city code except that no notice of violation or time to correct the violation shall be issued; rather the matter shall be considered by the CEB and notice to the owner provided.

(3)

The CEB shall review the board's findings and, unless it finds that the board had no substantial justification for requiring action to be taken or that the measures required for time periods specified were not reasonable under all of the circumstances, the CEB shall enter its order finding demolition by neglect or a lack of affirmative maintenance, and order appropriate corrective action.

(4)

The property owner shall be duly notified of the findings of the CEB. A list of necessary actions and timeframes shall be included with the notification to the owner. Repairs must be started within 30 calendar days. The provisions of sections 2-443 through 2-445 shall apply concerning CEB's order.

(f)

The taking of an appeal to a court shall not operate to stay any order of the CEB unless the CEB or court expressly stay such an order. The city may seek preliminary and permanent relief in any court of competent jurisdiction to enforce any order.

(g)

This section shall not be construed to alleviate the requirements for a certificate of appropriateness as provided in this chapter.

(Code 1985, § 7-327; Ord. No. 2006, § 8, 5-10-88; Ord. No. 5004, § 7, 11-27-01; Ord. No. 2010-13, § 22, 12-1-09; Ord. No. 2011-39, § 14, 11-16-10)

Editor's note

Ord. No. 2011-39, § 14, adopted Nov. 16, 2010 renamed § 94-101 from "Maintenance requirements; demolition by neglect." to "Affirmative maintenance requirements; demolition by neglect."