Demolition by Neglect
Statesville Historic
Preservation Commission
Demolition
Demolition
of a
structure in a historic district must be approved by Statesville City
Council. The applicant must first submit an application for review by
the Historic Preservation Commission. Based on the application the
Commission will submit a recommendation to City Council. City Council
will then render a decision on the request for demolition.
Demolition By Neglect
In March of 2003
the City Council adopted Statesville's Demolition By Neglect ordinance.
This tool provides a means for the HPC to identify and help stabilize
endangered historic properties.
ORDINANCE NO. _7-03___
AN ORDINANCE AMENDING APPENDIX A (ZONING), ARTICLE V, SECTION 50.3
(HISTORIC PROPERTIES) OF THE CODE OF THE CITY OF STATESVILLE BY ADDING
NEW SECTIONS 50.3.13 B 50.3.19 (DEMOLITION BY NEGLECT).
WHEREAS, the City Council of the City of Statesville
desires to amend
the Historic Properties Section previously adopted.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of
Statesville that Appendix A (Zoning), Article 1, Section 50.3 be
amended by adding Sections 50.3.13 B 50.3.19 (Demolition by Neglect) as
follows:
Sec. 50.3.13 Standards.
The exterior features of any building or structure (including walls,
fences, light fixtures, steps, pavement, paths, or any other
appurtenant feature), or any type of outdoor advertising sign either
designated as an Historic Landmark or located within a designated local
historic district shall be preserved by the owner or such other person
who may have legal possession, custody and control thereof against
decay and deterioration and keep free from structural defects.
The owner, or other person having such legal possession, custody and
control, shall upon written request by the City repair such exterior
features if they are found to be deteriorating, or if their condition
is contributing to deterioration, including but not limited to any of
the following defects which have the effect of significantly impairing
the integrity of such building or structure or the special character of
such historic district:
(a) Deterioration of exterior walls, foundations, or other vertical
support that causes leaning, sagging, splitting, listing, or buckling.
(b) Deterioration of flooring or floor supports, roofs, or other
horizontal members that causes leaning, sagging, splitting, listing, or
buckling.
(c) Deterioration of external chimneys that causes leaning, sagging,
splitting, listing, or buckling.
(d) Deterioration or crumbling of exterior plasters or mortars.
(e) Ineffective waterproofing of exterior walls, roofs, and
foundations, including broken windows or doors.
(f) Defective protection or lack of weather protection for exterior
walls and roof coverings, including lack of paint, or weathering due to
lack of paint or other protective covering.
(g) Rotting, holes, and other forms of decay.
(h) Deterioration of exterior stairs, porches, handrails, window and
door frames, cornices, entablatures, wall facings, and architectural
details that causes delamination, instability, loss of shape and form,
or crumbling.
(i) Heaving, subsidence, or cracking of foundations, sidewalks, steps,
or pathways.
(j) Deterioration of fences, gates, and accessory structures.
(k) Deterioration of any exterior feature so as to create or permit the
creation of any hazardous or unsafe conditions to life, health, or
other property.
Sec. 50.3.14. Petition and Action.
The Historic Preservation Commission may file a petition listing
specific defects with the Director of Planning or his designee
requesting that Director of Planning or his designee under the
following procedures require the correction of deterioration or making
of repairs to any historic landmark or structure located within a local
historic district so that such structure shall be preserved and
protected in accordance with the purposes of Section 50.3.2 of this
Code.
(l) Whenever a petition is filed with the Director of Planning or his
designee charging that a structure is undergoing demolition by neglect,
the Director of Planning or his designee shall, if the Director of
Planning or his designee's preliminary investigation discloses a basis
for such charges, within seven days issue and cause to be served upon
the owner and/or such other person who may have legal possession,
custody, and control thereof, as the same may be determined by
reasonable diligence, a complaint stating the charges in that respect
and containing a notice that a hearing will be held before the Director
of Planning or his designee not less than 30 nor more than 60 days
after the serving of such complaints; that the owner and/or parties in
interest shall be given a right to answer to give testimony at the
place and time fixed in the complaint; that the Commission shall also
be given notice of the hearing and that the rules of evidence
prevailing in courts of law or equity shall not be controlling in
hearings before the Director of Planning or his designee. The
purpose of the hearing is to receive evidence concerning the charge of
deterioration and to ascertain whether the owner and/or other parties
in interest wishes to petition the Commission for a claim of undue
economic hardship.
(m) If after such notice and hearing, the Director of Planning or his
designee determines that the structure is undergoing demolition by
neglect because it is deteriorating, or if its condition is
contributing to deterioration, according to the standards of Section
50.3.13, the Director of Planning or his designee shall state in
writing the findings of fact in support of such determination and shall
issue and cause to be served upon the owner and/or other parties in
interest therein an order to repair within the time specified those
elements of the structure that are deteriorating, contributing to
deterioration, or deteriorated. In the event that the owner
and/or other parties in interest wish to petition for a claim of undue
economic hardship, the Director of Planning or his designee's order
shall be stayed until after the Commission=s determination in
accordance with the procedures of Section 50.3.16.
Sec. 50.3.15. Methods of Service.
Complaints or order issued by the Director of Planning or his designee
shall be served upon persons either personally or by registered or
certified mail; but if the whereabouts of such persons are unknown and
the same cannot be ascertained by the Director of Planning or his
designee in the exercise of reasonable diligence, and the Director of
Planning or his designee shall make an affidavit to that effect,
stating the steps taken to determine and locate the persons in
interest, then the serving of such complaint or order may be made by
publishing the same once each week for two successive weeks in a
newspaper generally circulated within the City. Where such
service is by publication, a notice of the pending proceedings shall be
posted in a conspicuous place on the premises thereby affected.
Sec. 50.3.16. Safeguards From Undue Economic Hardship.
(n) When a claim of undue economic hardship is made owing to the
effects of this Article, the Director of Planning or his designee shall
notify the Commission within ten days following the hearing on the
complaint. The Commission shall schedule a hearing on the claim
at its next regular meeting, within the limitations of its procedures
for application deadlines.
The petitioner shall present the information provided under subsection
(b) to the Commission. The Commission may require that an owner
and/or parties in interest furnish such additional information that is
relevant to its determination of undue economic hardship. The
Commission may direct its staff to furnish additional information, as
the commission believes is relevant. The Commission shall also
state which form of financial proof it deems relevant and necessary to
a particular case.
(o) When a claim of undue economic hardship is made owing to the
effects of this Article, the owner and/or parties in interest must
provide evidence during the hearing upon the claim, describing the
circumstances of hardship. The minimum evidence may include any
of the following:
3. Nature of ownership (individual, business, or non-profit) or legal
possession, custody, and control.
4. Financial resources of the owner and/or parties in interest.
5. Cost of repairs.
6. Assessed value of the land and improvements.
7. Real estate taxes for the previous two years.
8. Amounts paid for the property, date of purchase, and party from whom
purchased, including a description of the relationship between the
owner and the person from whom the property was purchased, or other
means of acquisition of title, such as by gift or inheritance.
9. Annual debt service, if any, for previous two years.
10. Any listing of the property for sale or rent, price asked, and
offers received, if any.
In addition for income producing property:
11. Annual gross income from the property for the previous two years.
12. Itemized operating and maintenance expenses for the previous two
years, including proof that adequate and competent management practices
were followed.
13. Annual cash flow, if any, for the previous two years.
14. The past year's income tax returns.
(p) Within 60 days of the Commission=s hearing on the claim, the
Commission shall cause to be made a finding of undue or no undue
economic hardship and shall enter the reasons for such finding into the
record. In the event of a finding of no undue economic hardship,
the Commission shall report such finding to the Director of Planning or
his designee, and the Director of Planning or his designee shall cause
to be issued an order for such property to be repaired within the time
specified.
(q) In the event of a finding of undue economic hardship, the finding
shall be accompanied by a recommended plan to relieve the economic
hardship. This plan may include, but is not limited to, property
tax relief as may be allowed under North Carolina law, loans or grants
from the City, or other public, private or nonprofit sources,
acquisition by purchase or eminent domain, building code modifications,
changes in applicable zoning regulations, or relaxation of the
provisions of the Article sufficient to mitigate the undue economic
hardship. The Commission shall report such finding and plan to
the Director of Planning or his designee. The Director of
Planning or his designee shall cause to be issued an order for such
property to be repaired within the time specified and according to the
provisions of the recommended plan.
Sec. 50.3.17. Appeals.
Findings made by the Director of Planning, his designee or by the
Commission may be appealed to the Board of Adjustment. To perfect
such an appeal, application must be filed by an aggrieved party with
the Board of Adjustment within thirty days following receipt of the
order for repair of the property or determination. Appeals shall
be in the nature of certiorari.
Sec. 50.3.18. Other City Powers.
Nothing contained within this Article shall diminish the City=s power
to declare a building unsafe or violation of the minimum housing code.
Sec. 50.3.19. Penalties and Remedies.
Enforcement of this Article may be by any one or more of the following
methods, and the institution of any action under any of these methods
shall not relieve any party from any other civil or criminal proceeding
prescribed for violations and prohibitions.
Equitable Remedy. The City may apply for any appropriate
equitable remedy to enforce the provisions of this Article.
Order of Abatement. The City may apply for and the court
may enter an order of abatement. An order of abatement may direct
that improvements or repairs be made, or that any other action be taken
that is necessary to bring the property into compliance with this
Article. In the event the City executes an order of abatement,
the City shall have a lien, in the nature of a mechanic=s and
materialman=s, on the property for the cost of executing such order.
Civil Penalty. No civil penalty shall be levied unless and
until the Director of Planning shall deliver a written notice by
personal service or by registered mail or by certified, return receipt
requested, to the person responsible for each violation indicating the
nature of the violation and ordering corrective action. The
notice shall also set forth the time period when corrective measures
must be completed. The notice shall state that failure to correct
the violation within the specified period will result in the assessment
of civil penalties and other enforcement action. If after the
allotted time period has expired and after the hearing of an appeal if
any by the Board of Adjustment, corrective action has not been
completed, a civil penalty shall be assessed in accordance with city
code.
This ordinance was introduced for the first reading by Councilmember
Kutteh, seconded by Councilmember Steele, and unanimously carried on
the 3 day of March, 2003.
Ayes: Kutteh, Steele, Johnson, Peterson, Raymer, Matthews, Huggins,
Lawton
Nayes:
The second and final reading of this ordinance was heard on
the 17 day of March, 2003, and upon motion of Councilmember
Peterson, seconded by Councilmember Raymer, and unanimously
carrier, was adopted.
Ayes: Lawton, Huggins, Matthews, Raymer, Johnson, Peterson, Steele
Nayes:
This ordinance is to be in full force and effect from and after 18 day
of March, 2003.
John E.
Marshall
Mayor
APPROVED AS TO FORM
By: Eddie Gaines
City Attorney
ATTEST:
Mary L. Craddock
City Clerk