§ 70-8. Demolition by neglect.

The city, may enact local legislation governing "demolition by neglect," defined as improper maintenance or lack of maintenance of any property in a historic district, or any historic landmark or landmark site, which results in substantial deterioration of such a property and threatens it continued stability and preservation.

(1)

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

a.

The deterioration of a building to the extent that is creates or permits a hazardous or unsafe condition as determined by the building official.

b.

The deterioration, as determined by the building or housing official, or a building characterized by one or more of the following:

1.

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

2.

Deteriorated or inadequate foundation;

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

(2)

If the commission makes a preliminary determination that a building or structure which is a landmark or is located within a historic district is being demolished by neglect, it shall direct the housing official to investigate and to notify the owner of record of this preliminary determination, stating the reasons therefor, and the building official shall give such a notice as required by statute and ordinances of the city to commence work to correct the specific defects as determined by the commission and/or housing official.

(3)

If the owner fails to commence work within the time allotted by the building official, as evidenced by a building permit, the housing official shall notify the owner of record in the manner provided by the state statute and ordinances of the city to appear at a public hearing before 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 insuring 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 or demolished, 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 bring misdemeanor charges against the owner or owners 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.

(4)

In addition to the powers specified in MCA § 21-19-11(1), a governing authority, if the Historic Preservation Division of the Department of Archives and History concurs, may make repairs necessary to correct demolition by neglect, and the cost of such repairs shall become a lien against the property in accordance with MCA § 21-19-11(3).

(5)

The city is further authorized, in its discretion, to fine any property owner who has been found to own a property that has been determined to be threatened by demolition by neglect as defined herein. Such a property owner, from the date such property is found to be in demolition by neglect by the governing authority until such repairs are made to remove the danger to the property, shall be in violation of the provisions of this section.

(6)

This section shall not be construed to alleviate the requirements for a certificate of appropriateness as provided in this chapter.

(Code 1971, § 15½-17; Ord. No. 2004-20(18), 5-25-04)