§ 107-6. Maintenance of historic properties and building and zoning code provisions.

(a)

Ordinary maintenance or repair. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on a historic property, which maintenance or repair does not involve a material change in design, material, or outer appearance thereof, nor to prevent any property owner from making any use of his property not prohibited by other laws, ordinances, or regulations.

(b)

Failure to provide ordinary maintenance or repair. Property owners of historic properties or properties within historic districts shall not allow their buildings to deteriorate by failing to provide ordinary maintenance or repair. The preservation commission shall be charged with the following responsibilities regarding deterioration by neglect:

(1)

The preservation commission shall monitor the condition of historic properties and existing buildings in historic districts to determine if they are being allowed to deteriorate by neglect. Conditions such as broken windows, doors and openings which allow the elements and vermin to enter, the deterioration of a building's structural system shall constitute failure to provide ordinary maintenance or repair;

(2)

In the event the preservation commission determines a failure to provide ordinary maintenance or repair, the commission shall notify the department of community improvement of the city.

(c)

Affirmation of existing building and zoning codes. Nothing in this chapter shall be construed as to exempt property owners from complying with existing city building and zoning codes, health and sanitation codes or all applicable codes of the state or city, nor to prevent any property owner from making any use of their property not prohibited by other statutes, ordinances or regulations.

(Code 1977, § 15½-6; Ord. No. 05-38, § VI, 11-15-2005)