§ 153.613 DUTY TO MAINTAIN DESIGNATED CULTURAL RESOURCES.
   (A)   Purpose. The owner, or other person in charge, of a cultural resource listed on the Register has a duty to maintain in good repair all exterior features and to comply with all applicable codes, laws, and regulations governing the maintenance of the cultural resource. It is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of cultural resources and the interior portions thereof when such maintenance is necessary to prevent deterioration and decay of the exterior. Cultural resources listed on the Register shall be protected against such decay and deterioration and shall remain free from structural defects through prompt corrections of any of the following defects:
      (1)   Deterioration of exterior walls, foundations or other vertical supports that causes leaning, sagging, splitting, listing or buckling;
      (2)   Deterioration of flooring or floor supports or other horizontal members that causes leaning, sagging, splitting, listing or buckling;
      (3)   Deterioration of external chimneys that causes leaning, sagging, splitting, listing or buckling;
      (4)   Deterioration of crumbling exterior plasters or mortars;
      (5)   Ineffective waterproofing of exterior walls, roofs, foundations including broken windows and doors;
      (6)   Defective protection or lack of weather protection for exterior walls and roof coverings, including through the lack of paint or other protective covering;
      (7)   Rotting holes or other forms of decay;
      (8)   Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, ornament, trim and other architectural details that cause delamination, instability, loss of shape and form and crumbling.
   (B)   Enforcement procedures.
      (1)   The Director may file a petition listing specific defects with the Neighborhood Improvement Services Manager, or person whom the Director has designated to act in that capacity, requesting the correction of defects and/or repairs to designated properties.
      (2)   Whenever such a petition is filed, the Neighborhood Improvement Services Manager or the Director’s designee shall attempt to make direct personal contact with the owner or other such person having legal possession or custody and/or representative. If personal contact is not possible, then written notification of the specific defects and a right to inspect the property will be mailed to the owner or such person having legal possession, custody and/or control and posted at a conspicuous location appropriate to the identified defects. In the written notification, the Neighborhood Improvement Services Manager or the Director’s designee shall document the nature of the specific defects and corrective action ordered.
      (3)   After receiving agreement from the owner, representative or other such persons having legal possession, custody and control of the property for an inspection, the Neighborhood Improvement Services Manager or the Director’s designee and the Director or his or her designee shall conduct an investigation and prepare a written report on whether the property requires work to meet the requirements of division (A) set forth above.
      (4)   If the property is found to require work to meet the requirements of division (A) above, the owner, representative or such persons having legal possession, custody and control of the property will be served within 15 days with a complaint identifying the deficiencies and providing notice that a hearing will be held before the Commission at their next available agenda. The purpose of the hearing shall be to:
         (a)   Receive evidence about the deteriorated conditions;
         (b)   Develop a plan and schedule for undertaking the needed repairs to stabilize the building or structure and arrest further deterioration.
      (5)   Following such notice and hearing a written determination as to the conditions in need of correction/repair will be prepared, and the owner or other interested parties will be served with an order to repair those defective elements within a reasonable specified time frame.
      (6)   If the owner fails to make the necessary repairs within the identified time frame, the city may utilize any available remedy at law to correct the deficiencies that create any hazardous and/or unsafe conditions to life, health, or property. The expense of this work can be recorded as a lien on the property.
(Ord. 636-C.S., passed 8-15-17)