§ 38.33 INSPECTION, APPROVAL OR DENIAL CERTIFICATION.
   (A)   Upon receipt of an application, the Historic Preservation Officer or designee shall conduct an inspection survey of the property and review the books and records as necessary to certify whether or not:
      (1)   The structure is being preserved and maintained in accordance with the city's applicable regulations and historic design guidelines; and
      (2)   The building and site are in compliance with the city's Zoning Ordinance; and
      (3)   The building and site are in compliance with the inspection criteria of this subchapter listed under divisions (B) and (C) below.
   (B)   Building elements with their materials and finishes shall be maintained in good repair and in operable condition to avoid decay, damage, structural failure and hazardous or unsafe conditions. Generally:
      (1)   Exterior surfaces of all structures (main structure and accessory structures) shall be clean, maintained, protected and weathertight.
      (2)   Repainting/paint touch-ups shall closely match the existing paint colors and applied at reasonable intervals.
      (3)   Damaged, loose, or rotted materials/details shall be reestablished, repaired or replaced. All joints or cracks shall be weatherproofed appropriately by proper maintenance.
      (4)   Exterior facades shall be clean from any graffiti, overgrown vegetation, and left over residues from previous work/installations.
      (5)   Damaged or worn property elements shall be repaired, restored or replaced and secured properly to remain operable.
      (6)   Vacant structures shall be securely closed and weathertight. Any unoccupied structure shall be maintained and secured to avoid becoming a structure that may be considered demolished by neglect.
      (7)   Exterior materials shall be maintained to historic standards as outlined in the applicable historic landmark design guidelines and the Secretary of the Interior’s Standards.
      (8)   Exterior plumbing, electrical and mechanical fixtures shall be secured properly.
      (9)   Grounds shall be maintained free of excessive rubbish, garbage, junk, refuse or debris.
   (C)   The Historic Preservation Officer or designee shall inspect the structure, accessory structures, property elements and grounds to ensure general maintenance has occurred as described immediately above.
   (D)   The Historic Preservation Officer shall present to the Historic Landmark Commission a list of properties recommended for approval or denial of the tax exemption based on the findings of the inspection survey. A denial recommendation may include the following reasons:
      (1)   A structure is not being preserved and maintained in accordance with the City’s applicable regulations and historic design guidelines or is not in compliance with the City’s Zoning Ordinance; or
      (2)   Deficiencies from previous inspection surveys were not completed by January 1 of the subject year; or
      (3)   Exterior work was completed, installed, or is under construction without a certificate of approval or in deviation of a previously approved certificate of approval.
   (E)   The Historic Landmark Commission shall hold a public hearing to make a determination of property eligibility and to certify properties have adequately addressed the deficiencies in the required time frame from the previous year and are in compliance. The Historic Landmark Commission may grant an extension to properties if it is determined that extenuating circumstances exist. Such circumstances should generally be justified by supportive information such as:
      (1)   Cost estimates or other information indicating the required repair is more substantial than initially expected;
      (2)   Documentation that the issue(s) was misidentified or didn't exist in the manner described in the tax exemption survey; or
      (3)   Documentation that the issue is being addressed as part of a larger series of repairs or improvements and has received approval with a Certificate of Approval.
   (F)   The Historic Landmark Commission shall certify the facts to the City Council not later than March 1 of the subject year, along with the Historic Landmark Commission's determination for approval or denial of applications for tax exemption.
   (G)   Following adoption by City Council, the Historic Preservation Officer will notify applicants of any new deficiencies based on the findings of the tax exemption survey. The applicant shall address deficiencies within the time frame determined at the time of notification.
(Ord. OR-2146-19, passed 9-9-19)