§ 20-16. Demolition by neglect.

(a)

Any resource which is a landmark and all resources within a preservation district shall be preserved by the owner or such other person as may have the legal custody or control thereof against decay and deterioration and free from unreasonable structural defects. The owner or other person having legal custody and control thereof shall repair such resource if it is found to have one or more of the following defects:

(1)

Deterioration to the extent that creates or permits a hazardous or unsafe condition as determined by the city building inspector.

(2)

Deterioration, as determined by the city building inspector, of a building characterized by one or more of the following:

a.

Those buildings which have parts thereof which are so attached that they may fall and injure persons or property.

b.

Deteriorated or inadequate foundations.

c.

Defective or deteriorated floor supports or floor supports insufficient to carry imposed loads with safety.

d.

Members of walls or other vertical supports that split, lean, list or buckle due to defective material, workmanship, or deterioration.

e.

Members of walls or other vertical supports that are insufficient to carry imposed loads with safety.

f.

Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material, workmanship or deterioration.

g.

Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are insufficient to carry imposed loads with safety.

h.

Fireplaces or chimneys which list, bulge, or settle due to defective material, workmanship, or deterioration.

i.

Any fault, defect, or condition in the building which renders the same structurally unsafe or not properly watertight.

(b)

If the commission makes a preliminary determination that a resource is being demolished by neglect, it shall direct the city building official to notify the owner of the resource of this preliminary determination, stating the reasons therefor, and shall give the owner of record 30 days from the date of mailing of such notice or the posting thereof on the property, whichever comes later, to commence work to correct the specific defects as determined by the historic district commission. Said notice shall be given as follows:

(1)

By certified mail, restricted delivery, mailed to the last known address of the record owner as listed on the city and/or parish tax rolls.

(2)

If the mailing procedure of subsection (b)(1) of this section is not successful, notice shall be posted in a conspicuous, protected place on the resource.

(c)

If the owner fails to commence work within the time allotted as evidenced by a building permit, the historic district commission shall notify the owner in the manner provided in subsection (b) of this section to appear at a public hearing before the commission at a date, time and place to be specified in said notice, which shall be mailed or posted at least 30 days before said hearing. For the purpose of ensuring lawful notice, a hearing may be continued to a new date and time. The commission shall receive evidence on the issue of whether the subject resource should be repaired and the owner may present evidence in rebuttal thereto. If, after such hearing, the commission shall determine that the resource is being demolished by neglect, it may direct the city building official to take appropriate action against the owner if the necessary repairs are not completed within 90 days of the determination by the commission that the subject building or structure is being demolished by neglect.

(Code 1976, § 10.5:16; Ord. No. 1101, 7-13-1998)