(A) Demolition by neglect. Demolition by neglect is defined as a situation in which a property owner or others having legal possession, custody or control of a property, allow the condition of a property located in the town’s Historic District to suffer such deterioration, potentially beyond the point of repair, as to threaten the structural integrity of the structure or its relevant architectural detail to a degree that the structure and its character may potentially be lost to current and future generations.
(B) Standards. The exterior features of any building or structure located within the town’s Historic District as identified on the town’s official zoning map shall be preserved by the owner and/or parties in interest against decay, deterioration and structural defects. The owner and/or parties in interest shall upon written request of the town repair such exterior features if they are found to be deteriorating, or if their condition is contributing to deterioration, including but not limited to, any of the following defects:
(1) Deterioration of exterior walls, foundations, flooring, parapet walls, roofs, beams, chimneys and either horizontal or vertical load bearing supports that causes leaning, sagging, splitting, listing or buckling;
(2) Ineffective waterproofing of exterior walls, roofs and foundations, including broken windows/doors, failed paint leaking roofing, decayed brickwork or failed siding materials;
(3) Rotting, holes and other forms of decay;
(4) Damages caused by fire or other calamity;
(5) Deterioration of exterior stairs, porches, handrails, window/door frames, cornices, entablatures, wall facings or other architectural details that causes delaminating, instability, loss of shape or crumbling;
(6) Deterioration of fences, gates, garden walls or accessory structures;
(7) Deterioration of any exterior feature that creates or permits a hazardous or unsafe condition to life, health or other property; and
(8) If painted a similar color to the remaining exterior facade, boarded up windows, doors and other potential means of entering a building and street barricades are allowed only in the following circumstances:
(a) Upon the issuance of an emergency permit granted by the Chief Building Inspector for buildings that are unsecured. The permit shall expire 30 days from its issuance unless the Chief Building Inspector specifies an earlier expiration. Building permits shall be obtained and repairs initiated to permanently secure the building within the time period for the expiration of any emergency permit issued. The time period for the emergency permit shall be extended by the Building Inspector upon the applicant’s petition to the Historic Preservation Commission for a determination of economic hardship and the Historic Preservation Commission’s determination of economic hardship pursuant to division (H) below.
(b) For projects which have been issued a valid building permit and have made and continue to make substantial progress towards removing the boarded up windows and/or barricades and permanently securing the building; or
(c) Where a building has been damaged by a hurricane or other calamity. Building permits shall be obtained and repairs shall be initiated to permanently repair and secure the building within 30 days of the date the damage was incurred. The time period for the emergency permit shall be extended by the Building Inspector upon the applicant’s petition to the Historic Preservation Commission for a determination of economic hardship and the Historic Preservation Commission’s determination of economic hardship pursuant to division (H) below.
(C) Authority and responsibility of Building Inspector. Authority to assure compliance with the standards set forth above is vested with the Chief Building Inspector or his or her designee. The Chief Building Inspector or his or her designee shall examine the buildings in the Historic District for the purpose of determining their condition and the enforcement and administration of this section upon receipt of a petition under division (D) below or, in the absence of such a petition, periodically.
(D) Petition. Property owners or other concerned parties may file a petition listing the specific defects of a structure located within the Historic District with the Chief Building Inspector no earlier than six months after the adoption of this section and may request that he or she act to require the correction of the deterioration or the making of repairs. The Chief Building Inspector shall systematically inspect the Historic District and contact property owners to notify them of any violations during the first six-month period following the adoption of this section.
(E) Notices and complaints. Whenever a petition is filed with the Chief Building Inspector or whenever it otherwise appears to the Chief Building Inspector that a building or structure is undergoing demolition by neglect, the Inspector shall, if his or her preliminary investigation discovers a basis for such charges, serve a notice of hearing and complaint upon the owners of the associated property. The notice of hearing and complaint shall include the following information:
(1) The charges and the basis for such charges;
(2) The date and time of a hearing to be held before the Chief Building Inspector in the town hall. The date and time being not less than ten nor more than 30 days after the issuance of the notice of hearing and complaint; and
(3) That the owner and/or parties of interest shall be given a right to answer in writing at any time before the hearing and to appear at the hearing to provide testimony and other evidence.
(F) Hearings. At the time and date specified in the notice of hearing served pursuant to division (E), the Chief Building Inspector shall hold a hearing at the town hall. The purpose of the hearing is to receive evidence concerning the charge of demolition by neglect and to consider any claim of undue economic hardship made by the owner and/or other parties of interest. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearing before the Inspector.
(G) Orders. Within 15 days following a hearing held pursuant to division(F) of this section, if the Chief Building Inspector determines that the building or structure is undergoing demolition by neglect according to the standards listed in this section, the Inspector shall issue a written order stating his or her determination along with the findings of fact in support of such determination. The Inspector shall cause his or her order to be served upon the owner and/or parties in interest. The Inspector’s order shall require that repairs of those elements of the building or structure that are deteriorating, contributing to deterioration or deteriorated be made within a specified time not to exceed 90 days.
(H) Undue economic hardship. At any time within 15 days of the issuance of the Inspector’s order pursuant to division (G), any owner and/or party in interest may file with the Chief Building Inspector a written petition claiming that compliance with the order will create an undue economic hardship for the petitioner. All petitions alleging undue economic hardship shall be heard by the town’s Historic Preservation Commission. In the event that a petition all aging undue economic hardship is filed, the Inspector’s order shall be stayed until after the Historic Preservation Commission considers the petition’s allegations of economic hardship.
(1) Notice of hearing. Within ten days of his or her receipt of a written petition claiming undue economic hardship, the Chief Building Inspector shall notify the Historic Preservation Commission of the petition by forwarding a copy of the petition to the chairman of the Historic Preservation Commission. The Historic Preservation Commission shall schedule a hearing on the petition within 15 days of receiving the petition from the Chief Building Inspector. The Historic Preservation Commission shall notify the Chief Building Inspector, the Town Manager and the petitioner of the date and time of the hearing.
(2) Hearing. The burden of proof shall be upon the party filing the petition alleging undue economic hardship to provide clear and convincing evidence during the hearing before the Historic Preservation Commission that the economic hardship alleged will not allow them to take the action required by the Chief Building Inspector’s order or that they require a delay or plan of action to meet the requirements of the order. The petitioner shall provide evidence and/or documentation of, at least, all of the following information describing the circumstances of the alleged economic hardship:
(a) Nature of ownership (individual, business or nonprofit) or legal possession, custody, control, residency and a description of the building or structure;
(b) Financial resources of the owner and/or parties of interest;
(c) Cost of repairs;
(d) Assessed value of the land and improvements;
(e) Real estate taxes for the previous two years;
(f) Amount paid for the property, date of purchase and party from whom purchased, including a description of the relationship between the owner and the person from whom the property was purchased or other means of acquisition of title, such as by gift or inheritance;
(g) Annual debt service, if any for pervious two years;
(h) Any listing of the property for sale or rent, price asked and offers received, if any;
(i) Proof of application status for historic tax credits as filed with the state;
(j) If the property is income producing:
1. Annual gross income from the property for last two years;
2. Itemized operating and maintenance expenses for the previous two years, including proof that adequate and competent management procedures were followed; and
3. Annual cash flow, if any, for the previous two years.
(3) Report from Commission. Within 15 days of the Historic Preservation Commission’s hearing on the petition, the Historic Preservation Commission shall report in writing to the Chief Building Inspector whether or not an undue economic hardship exists and the findings of fact supporting such determination. Upon finding the existence of an undue economic hardship, the Historic Preservation Commission may recommend in its report to the Chief Building Inspector a plan to relieve the economic hardship. This plan may include, but is not limited to, loans or grants from the town or other public, private or non profit sources, acquisition by purchase, changes in applicable zoning regulations or relaxation of the provisions of this section sufficient to mitigate the economic hardship.
(4) Action on report from Commission. Upon receipt of the report from the Historic Preservation Commission, the Chief Building Inspector shall issue an order stating the Historic Preservation Commission’s decision, findings and recommendations. The Inspector’s order shall require that repairs of those elements of the building or structure that are deteriorating, contributing to deterioration or deteriorated be made within a specified time and in a manner consistent with any recommendations included within the Historic Preservation Commission’s report. The Inspector shall cause his or her order to be served upon the owner and/or parties in interest.
(I) Appeals. Orders issued by the Chief Building Inspector may be appealed in accordance with the procedures set forth for appeals pursuant to the provisions to the town’s Housing Codes. There shall be no direct appeal from the decision of the Historic Preservation Commission on a petition for undue economic hardship. Upon an appeal of an order of the Chief Building Inspector which includes the Historic Preservation Commission’s findings, decision and recommendations on a petition for undue economic hardship, the Board of Adjustment may consider the issue of undue economic hardship.
(J) Service of notices, complaints and orders. All notices, complaints and orders of the Chief Building Inspector issued pursuant to this section shall be served upon the owners and/or parties in interest of the relevant property in the same manner required by the town’s Housing Code.
(K) Remedies. Enforcement of this section may be by any one or more of the following methods, and the institution of any action under any of these methods shall not relieve any party from any other civil or criminal proceeding prescribed for violations and prohibitions:
(1) Equitable remedy. The town may apply for any appropriate remedy to enforce the provisions of this subchapter.
(2) Order of abatement. The town may apply for and the court may enter an order of abatement. An order of abatement may direct that improvements or repairs be made, and that any other action be taken that is necessary to bring the property into compliance with this subchpater. Whenever the party is cited for contempt of court and the town executed the order of abatement, the town shall have a lien, in the nature of a mechanic’s and materialman’s, on the property for the cost of executing the order of abatement.
(3) Civil penalties. The town may issue civil penalties against the owners and/or any parties in interest and may collect the penalties in the same manner as collecting a debt if the penalties are not paid within 15 days of their issuance. No civil penalty shall be issued unless and until the Chief Building Inspector shall deliver a written notice by personal service or by registered mail or certified mail, return receipt requested, to the person responsible for each violation indicating the nature of the violation and ordering corrective action. The notice shall also set forth the time period when corrective measures must be completed. The notice shall state the failure to correct the violation within the specified time period will result in the assessment of civil penalties in a certain amount per day not to exceed $500 and other enforcement action. If any orders issued by the Chief Building Inspector pursuant to this section include a notice that civil penalties may be assessed, the order shall meet the requirements for notice under this subsection. If after the allotted time period has expired and after the hearing of an appeal, if any, to the Board of Adjustment corrective action has not been completed, a civil penalty may be assessed in any amount less than or equal to $500 per day for each day of the continuing violation.
(L) Effect on other provisions. Nothing h this section shall diminish the town’s authority to declare a building to be unsafe, to be in violation of the town’s minimum housing ordinance, to be a nuisance or to be an imminent danger to the public.
(Ord. passed - - )