New Orleans |
Code of Ordinances |
Chapter 84. HISTORIC PRESERVATION |
Article II. HISTORIC DISTRICT AND LANDMARKS |
Division 4. REGULATIONS |
§ 84-108. Demolition by neglect (HDLC).
(a)
Demolition by neglect is neglect in the maintenance of any building resulting in any one or more of the following:
(1)
The deterioration of a building to the extent that it creates or permits a hazardous or unsafe condition as determined by the department of safety and permits.
(2)
The deterioration of a building characterized by one or more of the following:
a.
Those buildings which have parts thereof which are so attached that they may fall and injure members of the public or property.
b.
Deteriorated or inadequate foundation.
c.
Defective or deteriorated floor supports or floor supports insufficient to carry imposed loads with safety.
d.
Members of walls, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.
e.
Members of walls or other vertical supports that are insufficient to carry imposed loads with safety.
f.
Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration.
g.
Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are insufficient to carry imposed loads with safety.
h.
Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.
i.
Any fault, defect, or condition in the building which renders the building structurally unsafe or not properly watertight.
(3)
Action by the city, the state fire marshal, or the department of safety and permits relative to the safety or physical condition of any building.
(b)
If the commission determines that a building or landmark is being demolished by neglect, pursuant to the standards of this section, the applicant shall be notified of this preliminary finding, stating the reasons therefor, and the applicant shall be given 30 days from the date of notice in which to commence work rectifying the specifics provided by the commission. Such notice shall be accomplished in the following manner:
(1)
By certified mailing to the last known address of applicant; or
(2)
Notice shall be attached to the building or landmark.
(c)
Upon the applicant's failure to commence work, the commission shall notify the applicant in the manner provided above to appear at an administrative enforcement hearing, pursuant to the procedures set forth in chapters 6, 26 or 28 of the Code. In addition, the city may cause such property to be repaired at its expense at such time as funds are appropriated; in which event the city may file an affidavit executed by the director of the historic district landmarks commission to this effect in the office of the recorder of mortgages for the parish, which notice shall constitute a lien and privilege against the property.
(d)
Failure to comply with the provisions of this article or the rules and procedures of the commission shall constitute a violation hereof and may be punishable by a fine not less than $100.00 not more than $500.00 per day for each day that the violation continues.
(Ord. No. 19,866, § 1, 10-19-00; M.C.S., Ord. No. 23046, § 4, 3-20-08; M.C.S., Ord. No. 23553, § 1, 5-21-09)