(A) The Chief Inspector, on their own initiative or upon request from the Commission, may cause a historic resource within a historic district or proposed historic district to be examined to determine if the historic resource is threatened with demolition by neglect.
(1) Upon determining that a historic resource is threatened with demolition by neglect, the Chief Inspector may issue a notice of defects to the property owner stating the defects thereof and allowing thirty (30) days to cure any cited defects. Service of the notice shall be issued in accordance with § 151.134(B) and shall be effective in accordance with § 151.134(C).
(a) If the defects are not cured within 30 days of the notice of defects, or the property owner is unable to show that necessary efforts to cure the defects has begun, the Commission shall conduct a public hearing at which the owner shall be granted an opportunity to show cause as to why the Commission should not make a finding that the historic resource is threatened with demolition by neglect.
(b) A record of the entire proceeding shall be made by tape recording or other means of permanent recording. A transcript of the proceedings or copy of the recording shall be made available to all parties upon request and upon payment of a fee prescribed therefor. Such hearing shall generally be conducted in the manner as provided for in § 151.135(D)-(E) with all parties having the rights therein prescribed.
(c) The Commission may find that a historic resource is being threatened by demolition by neglect if any of the following criteria are met:
1. Parts of the resource which are so attached that they may fall and injure members of the public or property.
2. Deteriorated or inadequate foundation.
3. Defective or deteriorated flooring or floor supports of insufficient size to carry imposed loads with safety.
4. Members of walls, partitions or other vertical supports that split, lean or buckle due to defective material or deterioration.
5. Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety.
6. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration; or that are insufficient size to carry imposed loads with safety.
7. Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration; or are of insufficient size or strength to carry imposed loads with safety.
8. Deteriorated, crumbling or loose exterior plaster or stucco.
9. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors.
10. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective covering.
11. Any fault or defect in the resource which renders the same structurally unsafe or not properly watertight.
12. The deterioration of any significant architectural feature of the resource as determined by the commission.
13. The deterioration or overgrowth of landscape elements that are of historic significance to a resource, or that are endangering the structural stability or weatherproofing of a resource.
(B) Upon a finding by the Commission following such hearing that a historic resource within a historic district or proposed historic district is threatened with demolition by neglect, the Commission may do either of the following:
(1) Require the owner of the resource to repair all conditions contributing to demolition by neglect; and/or
(2) Have the Chief Inspector issue a municipal civil infraction in accordance with § 153.545.
(3) If the owner does not make repairs within a reasonable time, the Commission or its agents may enter the property and make such repairs as are necessary to prevent demolition by neglect. The costs of the work shall be charged to the owner, and may be levied by the local unit as a special assessment against the property. The Commission or its agents may enter the property for purposes of this section upon obtaining an order from the Circuit Court.
(C) An owner aggrieved by any decision or order of the Commission under this subsection may appeal the decision or order to a court of competent jurisdiction as provided in § 153.540 by filing a petition within 20 days from the date of service of the decision or order.
(D) The Commission shall first consult with the Chief Inspector for any other violation to be found in the City Code, including Chapter 150 Building Regulations, prior to taking action as provided hereunder.
(Prior Code, § 153.578) (Ord. D-1418, § 2509, passed 11-22-1982, effective 1-21-1983; Ord. D-1679, passed 11-9-1992, effective 11-19-1992; Ord. O-10, passed 8-11-2003, effective 8-21-2003; Ord. O-251, passed 10-24- 2022, effective 11-3-2022)