A. Notice of Alteration: While a site nominated for the National Register of Historic Places shall be subject to federal and state regulations affecting the same, properties designated as landmark sites pursuant to this chapter may be demolished, materially altered, remodeled, relocated or put to a different use only after one hundred twenty (120) days’ written notice of the owner’s proposed action has been given to the commission. During this one hundred twenty (120) day period, the commission may negotiate with the owner of the landmark and with any other parties in an effort to find a means of preserving the property. The commission may reduce the waiting period required by this section in any case where the owner would suffer extreme hardship, not including loss of profit, unless a reduction in the required period were allowed. On the other hand, where application for landmark site designation has been submitted to the planning commission and before decision by the city council, the commission may cause an additional waiting period to be imposed prohibiting demolition, material alteration, remodeling or relocation until there has been action of non-recommendation by the planning commission or action by the city council.
B. Maintenance: Neither the owner nor occupant of a structure nominated for inclusion on the national register or designated as a landmark site pursuant to this chapter shall permit such structure or landmark to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce, in the judgment of the commission, a detrimental effect upon the life and character of the landmark or structure in question, including, but not limited to:
1. The deterioration of exterior walls or other vertical supports;
2. The deterioration of roofs or other horizontal members;
3. The deterioration of exterior chimneys;
4. The deterioration or crumbling of exterior plaster or mortar;
5. The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors; or
6. The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe conditions.
C. Penalty: Any person who violates any provision of this chapter shall be guilty of a class C misdemeanor or lesser offense, as determined by the city attorney and, upon conviction, subject to penalty as provided in section 1-4-1. Any person who filed with the commission and who refused to furnish, upon demand by the commission, any information relating to such application or request, or who willfully makes any false statement in such application or request, shall be also liable for such misdemeanor or lesser offense. For the purpose of this chapter, each day during which there exists any violation of any provision herein shall constitute a separate violation of such provision. (Ord. 2023-33, 12-6-2023)