(A) The exterior features of any building or structure (including walls, fences, light fixtures, steps, pavement, paths, or any other appurtenant feature), or any type of outdoor advertising sign either designated as a landmark, landmark site, or on a structure in a historic district shall be preserved by the owner or such other person who may have legal possession, custody, and control thereof against decay and deterioration and kept free from structural defects.
(B) The owner, or other person having such legal possession, custody, and control, shall, upon written request by the City 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 defects listed in § 32.076(H)(3)(f)2.
(C) The HPO may request the Planning and Development Department require the correction of deterioration or making of repairs to any landmark, landmark site, or structure located within a historic district under the following procedures so that such structure shall be preserved and protected in accordance with the purpose of this code.
(1) Whenever such a request is filed with the Planning and Development Department charging that a structure is undergoing demolition by neglect, the Planning and Development Department shall, if its preliminary investigation discloses a basis for such charges, within seven days, issue and cause to be served upon the owner and/or such other person who may have legal possession, custody, and control thereof, as the same may be determined by reasonable diligence, a complaint stating the charges in that respect and containing a notice that the defects be fixed not less than 30 nor more than 45 days after the serving of such complaint; that the owner and/or parties in interest shall be given a right to answer the complaint and request a hearing before the Commission. The purpose of the hearing is to receive evidence concerning the charge of deterioration and to ascertain whether the owner and/or other parties in interest wish to make a claim of undue economic hardship.
(2) If after such notice and hearing, the Commission determines that the structure is undergoing demolition by neglect because it is deteriorating, or if its condition is contributing to deterioration, according to the standards, the Commission shall state in writing the findings of fact in support or such determination and shall issue and cause to be served upon the owner an order to repair within the time specified those elements of the structure that are deteriorating, contributing to deterioration, or deteriorated. The City or the owner shall appeal such decision to Circuit Court within 30 days or said decision shall be final.
(Ord. O-2023-016, passed 9-25-2023)