Monday, January 9, 2017

From the City of Lake Worth’s MuniCode: Demolition by neglect

“Demolition by neglect”* is:
  • Improper or inadequate maintenance of any designated historic resource which results in its substantial deterioration and threatens its continued preservation.
  • Avoidance of demolition by neglect; maintenance and repair of landmark property in historic districts: 
1. Minimum maintenance standards. Every owner of a landmark or a property in a historic district shall keep in good repair all of the exterior portions of such buildings or structures and all interior portions thereof which, if not so maintained, may cause such buildings or structures to deteriorate or to become damaged or otherwise fall into a state of disrepair. In addition, where the landmark is an archaeological site, the owner shall maintain his property in such a manner so as not to adversely affect its archaeological integrity. The owner shall repair the structure if it is found to have one (1) or more of the following defects:
  • Deterioration to the extent that it creates or permits a hazardous or unsafe condition, as determined by the building official.
  • Parts or elements of the building are so attached that they may fall and injure persons or property.
  • Deteriorated or inadequate foundations, flooring, floor supports, deteriorated walls or other vertical structural supports.
  • Defective or deteriorated floor supports or floor supports insufficient to carry imposed loads with safety.
  • Members of walls or vertical supports that split, lean, list or buckle because of defective material, workmanship or deterioration.
  • Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle because of defective material, workmanship or deterioration.
  • Members of ceilings, roofs, ceiling and roof supports and other horizontal members which are insufficient to carry out imposed loads with safety.
  • Fireplaces or chimneys which list, bulge or settle because of defective material, workmanship or deterioration.
  • Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors, or deteriorated or crumbling exterior finishes such as stucco, shingles, paint or mortar.
  • Defective or insufficient weatherproofing or exterior wall covering because of lack of paint or other protective covering.
  • Any fault, defect or condition in the building which renders its structurally unsafe or not properly watertight.
2. Notice of violation; hearing. If the HRPB determines that a designated landmark or a contributing property within a historic district is in the course of being demolished through neglect, it shall so notify the owner of record immediately to cease any actions which contribute to such demolition by neglect and shall give him thirty (30) calendar days to commence repairs sufficient to rectify the problems identified. Such notice shall be by certified mail, return receipt requested, to the address of the owner shown on the latest records of the Palm Beach County Property Appraiser and by attaching notice to the exterior of the structure. If the owner fails to commence repairs within thirty (30) days of receipt of the notice, the HRPB shall notify the owner to appear at its next regularly scheduled meeting. At that meeting, the HRPB shall present the reasons for the notice and permit the owner to present rebuttal evidence, if desired. If the HRPB fails to receive adequate assurance that identified problems will be rectified in a reasonable time, the HRPB shall find that the site is being demolished by neglect and shall refer the matter to the city's code enforcement officer for action.
3. Supplemental to other maintenance standards. The provisions of this section shall be in addition to the provisions of any applicable building code requiring such buildings and structures to be kept in good order.

*Source: MuniCode, City of Lake Worth. Current. December 30th, 2016.

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