§ 152.485 DEMOLITION BY NEGLECT.
   (A)   Defined. DEMOLITION BY NEGLECT ("DBN") shall mean and include the failure to keep the exterior features of any and/or structures free of decay, deterioration, and structural defects in order to ensure that the same shall be preserved. The owner or such other person who may have legal possession, custody, and control of any building or structure on the DBN List (hereafter defined) is hereafter called an “offender”. Historic buildings and structures subject to this DBN provision include walls, fences, light fixtures, steps, pavement, paths, or any other appurtenant features, either designated as an historic landmark or found to have historic significance. DBN shall also include the failure of the offender to repair such exterior features as are found to be deteriorating, or to correct any condition contributing to deterioration, including, but not limited to, the following:
      (1)   Deterioration of exterior walls, foundations, or other vertical supports that cause leaning, sagging, splitting, listing, or buckling;
      (2)   Deterioration of flooring or floor supports, roofs, or other horizontal members that cause leaning, sagging, splitting, listing, or buckling;
      (3)   Deterioration of external chimneys causing leaning, sagging, splitting, listing, or buckling;
      (4)   Deterioration or crumbling of exterior plasters or mortars;
      (5)   Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors;
      (6)   Defective protection or lack of weather protection for exterior walls and roof coverings, including lack of paint, or weathering due to lack of paint and/or other protective coverings;
      (7)   Rotting holes, and other forms of decay;
      (8)   Deterioration of exterior stairs, porches, handrails, windows, and door frames, cornices, entablatures, wall facings, and architectural details that cause the delamination, instability, loss of shape and form, or crumbling;
      (9)   Heaving, subsidence, or cracking of sidewalks, steps or pathways;
      (10)   Deterioration of fences, gates, and/or accessory structures;
      (11)   Deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health, or other property.
   (B)   DNB List. The Town Planner, at his or her sole discretion, may declare a person or entity as an offender under this section. The Town Planner shall add any offenders and their properties to a list (the “DBN List”) and proceed according to the provisions in § 152.487.
(Ord. 2023-O1, passed 3-13-2023)