A.

HISTORIC STRUCTURES within the city shall be kept free from the following structural defects and conditions which threaten the deterioration or loss of such buildings.

A.

Owners shall maintain their HISTORIC STRUCTURE as follows:

1.

Foundations. All foundations shall be free of holes, wide cracks and buckling.

2.

Structural members. Floor supports and any structural members thereof must be of sufficient size to carry imposed loads with safety. Members of walls, partitions or other vertical supports must not split, lean, list or buckle so as to jeopardize structural integrity. Structural members of ceilings, roofs or other horizontal structural members must not sag, split or buckle or be of insufficient size to carry imposed loads with safety. Interior staircases shall be maintained in good repair.

3.

Exterior surfaces and materials. Floors, exterior walls and roofs shall not have holes, wide cracks, loose, warped, protruding or rotting boards or any other elements. Exterior surfaces exposed to the weather shall be repaired and weatherproofed, where appropriate, to protect them from deterioration. Masonry joints shall be maintained. Fireplaces or chimneys must not list, bulge or settle or be of insufficient size or strength to carry imposed loads with safety.

4.

Weather protection and ventilation. Buildings, including windows, exterior doors and exterior siding shall be watertight. Exterior flashing, including that at chimneys, doors, and windows, shall be maintained in good repair. Downspouts and gutters shall be maintained so that rain runoff is directed away from the structure. Foundation and attic vents shall be maintained to ventilate the crawl and attic spaces.

5.

Stairways, porches and appurtenances. Exterior staircases, porches and appurtenances shall be maintained in good repair.

6.

Rodent and termite infestation. Structures shall be free of wood boring insects and rodent infestation.

7.

Security. Vacant buildings shall be properly secured, and utilities shall be properly connected or disconnected.

8.

Trees and soil. Tree limbs shall be trimmed away from the building, and tree roots shall be cleared away from all foundations. Soil erosion and soil deposition shall not be allowed to endanger any structures.

B.

Failure to provide minimum maintenance and repair.

1.

Owners shall not allow HISTORIC STRUCTURES to deteriorate by failing to provide minimum maintenance and repair. The failure to provide minimum maintenance and repair adversely impacts the historic and cultural value of the historic community, and due to decay, deterioration and structural defects, jeopardizes structural integrity and poses additional safety hazards. The purpose hereof is to require and owner to engage in the minimum maintenance and repair necessary to correct decay, deterioration, structural defects and safety problems.

C.

Monitoring of condition.

1.

The city staff shall monitor the condition of all historic structures. The city staff shall report all failures to provide minimum maintenance and repair to the building official of the city. Such conditions as those outlined above shall constitute a failure to provide minimum maintenance and repair. (Amended 4/9/2008)

D.

Condition assessment.

1.

The appropriate city official or his designee shall be authorized to enter upon premises for the purpose of making examinations and inspections regarding conformity to the requirements hereunder. Such entry shall be made in such a manner as to cause the least possible inconvenience to any persons in possession. The city may appoint and affix the duties of such agents, designees and employees as reasonably necessary to carry out the purposes of this Section. The city official shall prepare a condition assessment.

E.

Notice and remedy time allowance.

1.

If the mayor and council find a failure to provide minimum maintenance and repair, in nonconformity with the above requirements, the city will give written notice as described herein and set forth the steps necessary to remedy the situation. Notice shall be served upon the owner and all parties in interest. The owner of the property will have 30 days from receipt of such notice to respond in writing and outline his intentions and steps to remedy the situation. The owner of the property will have 60 days from the receipt of such notice to begin the steps necessary to remedy the situation, and shall have 180 days from receipt of the notice to complete the work, unless such time shall be extended due to the expense and/or complexity of the repairs. In no event shall such extension exceed 180 additional days.

F.

Public hearing and recommendation of action.

1.

Within 30 days of receipt of the written notice provided for above, the owner or any other party in interest who takes exception to such notice may request a public hearing on the matter. The owner or other party with an interest shall then be given an opportunity to appear before the mayor and council and present testimony pertaining to the notice issued. Notice of the date, time and place of the hearing shall be given via certified mail. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the mayor and council, although all parties shall be provided a fair and impartial hearing and shall be entitled to examine witnesses and present all relevant evidence. If the mayor and council agree with the original notice, it shall state its reasons for doing so, and shall transmit a recommendation of action and reasons in support thereof, in writing, to the affected party.