§ 5-255. Maintenance of historic properties and building and zoning provisions.

(a)

Ordinary maintenance or repair. Ordinary maintenance or repair of any exterior architectural or environmental feature in or on a historic property to correct deterioration, decay or damage, or to sustain the existing form, and that does not involve a material change in design, material, or outer appearance thereof, does not require a certificate of appropriateness.

(b)

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

(1)

The Commission, in concert with the Building Inspections Department, shall monitor the condition of historic properties and existing buildings in historic districts to determine if they are being allowed to deteriorate by neglect. Such conditions as broken windows, doors and openings which allow the elements and vermin to enter, and the deterioration of a building's structural system shall constitute failure to provide ordinary maintenance or repair.

(2)

In the event that the Commission determines a failure to provide ordinary maintenance or repair, the Commission will notify the owner of the property and set forth the steps that need to be taken to remedy the situation. The owner of such property will have 30 days in which to do this.

(3)

In the event that the condition is not remedied in 30 days, the owner will be subject to penalty as provided in section 5-256.

(c)

Annexation of existing building and zoning codes. Nothing in this article shall be construed as to exempt property owners from complying with existing City building and zoning codes, or other applicable State and Federal laws, nor to prevent any property owner from making any use of his property not prohibited by other statutes, ordinances or regulations.

(Code 1978, § 2-270; Ord. No. 1996-03, § VI, 5-2-1996)

State law reference

Maintenance allowed, O.C.G.A., § 44-10-29.