§ 106-50. Maintaining historic properties and buildings.

(a)

Ordinary maintenance or repair. Ordinary maintenance or repair of any exterior architectural or environmental feature in or on an historic property to correct deterioration, decay, or to sustain the existing form, and that does not involve a material change in design, material or outer appearance thereof, does not require a certificate of appropriateness.

(b)

Failure to provide ordinary maintenance or repair. Property owners of historic properties or properties within historic districts shall not allow their buildings to deteriorate by failing to provide ordinary maintenance or repair. The commission shall be charged with the following responsibilities regarding deterioration by neglect:

(1)

The commission shall monitor the condition of historic properties and existing buildings in historic districts to determine if they are being allowed to deteriorate by neglect. The conditions such as broken windows, doors and openings which allow the elements and vermin to enter, and/or the deterioration of a building's structural system shall constitute failure to provide ordinary maintenance or repair.

(2)

In the event the commission determines a failure to provide ordinary maintenance or repair, the commission will notify the owner of the property and set forth the steps which need to be taken to remedy the situation. The owner of the property will have 30 days in which to do this.

(3)

In the event that the condition is not remedied in 30 days, the owner shall be subject to the penalties as provided in this article and, at the direction of the city council, the commission may perform the maintenance or repair as is necessary to prevent deterioration by neglect. The owner of the property shall be liable for the cost of the maintenance and repair performed by the commission.

(c)

Affirmation of existing building and zoning codes. Nothing in this article shall be construed as to exempt property owners from complying with existing city or county building and zoning codes, nor to prevent any property owner from making any use of this property not prohibited by other statutes, ordinances or regulations.

(Code 2004, § 153.06; Ord. No. 354-B, 4-8-2002)