HomeMy WebLinkAboutOrdinance No. 2024-06 HPC & Edina Heritage Landmarks AmendmentsORDINANCE NO. 2024-06
AN ORDINANCE AMENDING CHAPTER 2, CHAPTER 10, AND CHAPTER 36
OF THE EDINA CITY CODE CONCERNING THE HERITAGE PRESERVATION
COMMISSION AND EDINA HERITAGE LANDMARKS
THE CITY COUNCIL OF EDINA ORDAINS:
Section 1. Chapter 2, Article III, Division 5 of the City Code is amended to read as follows:
DIVISION 5. — HERITAGE PRESERVATION COMMISSION
Sec. 2-184. Policy and establishment.
The council finds that historically significant buildings, sites, structures, objects and
districts represent scarce, nonrenewable heritage resources that are critical assets for community
development; that heritage preservation is an important public service and a legitimate
responsibility of city government; and that the preservation, protection and enhancement of
significant heritage resources for the benefit of present and future citizens is a public necessity.
Therefore, pursuant to Minn. Stats. § 471.193, the council continues the heritage preservation
board as the city's heritage preservation commission.
Sec. 2-185. Purpose.
The commission shall assist and advise the council, manager, and other city commissions on
all matters relating to heritage resource preservation and protection. and enhancement. The
commission shall safeguard the significant heritage resources of the city by identifying
significant heritage resources and nominating them for designation by the council as city heritage
landmarks; by developing and maintaining a comprehensive preservation plan; by reviewing
applications for Certificate of Appropriateness city permits in relation to properties designated as
city heritage landmarks; and by encouraging the preservation, rehabilitation, restoration and
reconstruction of significant heritage resources through public education.
Sec. 2-186. Definitions.
Unless otherwise stated, or unless the context clearly indicates a different meaning, the
words or phrases in the following list of definitions shall, for the purposes of this division, have
the meanings indicated:
Addition. Any act or process which changes the exterior architectural features of a
building or structure by adding to, joining with, or increasing the size or capacity of the structure.
Certificate of appropriateness. An application and certificate issued by the Heritage
Preservation Commission showing the proposed work is appropriate and does not adversely
affect an Edina Heritage Landmark, historic resource or property within an Edina Heritage
Landmark District.means a certificate issued by the city planner and attached to a city permit
evidencing compliance with the city's comprehensive heritage preservation plan.
Certificate of appropriateness permit. A permit required at the time of a building permit that
is tied to the certificate of appropriateness.
City planner means city staff member responsible for zoning administration.
Character defining feature. The distinguishing features of a building, structure, object,
site or district, which were present during the period of significance and help convey its
historical significance. Examples of character defining features are outlined in the Plan of
Treatment for Edina Heritage Landmarks and Landmark Districts.
the city's heritage resource preservation policies, adopted by the council, which establishes goals
and priorities and integrates heritage preservation with other planning data.
Construction. The act of altering an existing structure, building an addition to an existing
structure, or the erection of a new principal building or accessory structure on a lot or property.
Contributing. A designation applied to a building, structure or site within a historic
district identifying that the resource adds to the overall character and significance of the district
due to its architectural or historical merit related to the district's significance. A contributing
structure has its major character- defining features intact, although alterations may have
occurred. Historic materials may have been covered, but evidence indicates they are intact.
Demolition. Any act that destroys, replaces or removes more than 50% of the area of
the exterior walls. The exterior wall surface shall include the following:
- The existing framed exterior wall
- The wood framed part of a walkout basement
- Door surface area
- Window surface area
The exterior wall surface shall not include the following:
- Roof area-if roof is being replaced with same pitch and height
- Exposed foundation area
- Garage exterior walls
- Replacement of windows or doors within their existing framing (without enlargement)
The 50% requirement shall not include areas of the structure that are unanticipated
discoveries or are determined as necessary to be removed by the city building official, after
issuance of a building permit. When professional judgement deems that removal of parts of a
structure is necessary to keep it structurally sound, an inspection and a report documenting the
reasons by the building official is required. Exterior walls that become interior walls due to
remodel/addition are counted towards the 50% when determining demolition.
Demolition by Neglect. Failure to maintain, repair, or secure a historic resource that
results in deterioration of the resource, or the loss of structural integrity of the resource and/or
water intrusion, mold growth, pest infestation, dilapidation, or decay.
Edina Heritage Landmark or city heritage landmark means any heritage resource so
designated by the council that is significant in history, architecture, archeology or culture and
therefore worthy of preservation and consideration in city planning.
Evaluation means the process of determining whether identified heritage resources meet
defined criteria of historical, architectural, archeological or cultural significance.
Heritage preservation commission means the heritage preservation advisory commission
appointed by the council.
Heritage resource or Historic Resource means any prehistoric or historic building, site,
structure, object or district that has historical, architectural, archeological or cultural value to the
citizens of the city, the state or the United States.
Heritage District or Historic District. A contiguous area designated as a "Historic
District" by ordinance of the City Council according to the criteria and pursuant to the
procedures established within this Chapter.
Historic Significance. Meeting the eligibility criteria as a heritage resource; having
importance as part of the development, heritage or culture of the community as the location of an
important event, or through strong association with a historically significant person or persons,
or through notable architectural or engineering merit.
Material Change. A change to a character defining feature as outlined in the Plan of
Treatment.
New Construction. The building of a new principal building or new detached garage
within the historic district or on a landmark site.
Period of Significance. The length of time when a property or district was associated with
important events, activities or persons.
Preservation means the act or process of applying measures to sustain the existing form,
structure, integrity, and material of a heritage resource.
Reconstruction means the act or process of reproducing by new construction the exact form
and detail of a vanished building, structure or object as it appeared during a specific period of
time.
Rehabilitation means the act or process of returning a heritage resource to a state of utility
through repair or alteration that makes possible an efficient contemporary use while preserving
those portions or features of the property which are significant to its historical, architectural,
archeological or cultural values.
Restoration means the act or process of accurately recovering the form and details of a
heritage resource and its setting as it appeared at a particular period of time by means of removal
of later work or by the replacement of missing historic features.
expressions of architecture or engineering, or that have yielded important information about
prehistory or history.
Street Facing Façade. All portions of a primary structure's façade that directly face a public
street.
Survey means the physical search for and recording of heritage resources that result in an
inventory of buildings, sites, structures, objects and districts worthy of consideration in city
planning.
Sec. 2487. Duties and responsibilities.
The commission shall:
(1) Advise the council, manager, and other city commissions and provide leadership for
implementing the heritage preservation regulations.
(2) Develop and maintain a comprehensive plan for heritage resource preservation to
ensure that community development policies and decisions respect the city's heritage
and promote stewardship of heritage resources.
(3) Conduct an ongoing survey of historic buildings, sites, structures, objects, and districts
and maintain an inventory of the heritage resources in the city.
(4) Conduct evaluations to determine the eligibility of heritage resources for designation as
city heritage landmarks.
(5) Nominate heritage resources for designation as city heritage landmarks by the city
council.
(6) Review and decide on certificate of appropriateness applications city permit
applications in relation to city heritage landmarks and heritage landmark districts.
(7) Review and make recommendations to the planning commission on development
projects that affect properties designated as heritage landmarks or determined eligible
for designation as heritage landmarks.
(8) Inform and educate citizens about the city's heritage and the benefits of preservation.
(9) Develop regulatory and incentive programs that facilitate heritage preservation.
(10) Adopt rules of procedure, subject to council approval, to guide the commission's
deliberations.
(11) Prepare an annual report to the council, describing the commission's accomplishments
during the past year and presenting goals and objectives for the coming year.
Sec. 2-188. Membership.
(a) Commission membership. The commission shall consist of nine regular and two student
members. Members shall have a demonstrated interest, knowledge, ability or expertise in
heritage preservation. At least one member shall be a qualified professional historian,
architect, architectural historian, archeologist, planner or the owner of a heritage landmark
property.
(b) City historical society membership. A member of the commission shall be a member of the
city historical society.
(c) County historical society membership. A member of the commission shall be a member of
the county historical society.
Sec. 2-189. Professional staff.
The manager shall provide the commission with professional staff with expertise in heritage
preservation.
Sec. 2-190. Repository for documents.
The office of the manager shall be the repository for all minutes, reports, studies, plans and
other official documents produced by the commission.
Secs. 2-191-2-218. Reserved.
Section 2. Chapter 10, Article IV of the City Code is amended to read as follows:
Sec. 10-112. Permit Requirements for Heritage Landmark Properties or Properties within a
Heritage Landmark District.
For projects that require a building permit for exterior work on an Edina Heritage
Landmark property or properties within an Edina Landmark District and have a building permit
valuation of over one-hundred thousand ($100,000), the applicant must furnish the City a cash
escrow or letter of credit of Fifteen Thousand ($15,000) Dollars. This includes projects that don't
require a certificate of appropriateness.
For projects that required a certificate of appropriateness and a building permit for exterior
work on an Edina Heritage Landmark property or property within an Edina Landmark District
and have a building permit valuation under one hundred thousand ($100,000), the applicant must
furnish the City a cash escrow or letter of credit of three thousand ($3,000) dollars.
The City may draw on the cash escrow or letter of credit to keep individually designated
structures and resources in historic districts (contributing and non-contributing) weather tight and
protected, to comply with other city ordinances, and for reinspection fees. If the City draws on
the cash escrow or letter of credit, upon the City's demand the permit holder must deposit in
escrow or letter of credit additional funds to restore the escrowed amount to fifteen thousand
($15,000) or three thousand ($3,000) Dollars. The cash escrow or letter of credit must remain in
place until the work under the permit for which the escrow or letter of credit was made has been
completed and all associated permits have been closed. The project must be completed per the
approved building permit and/or plans approved with a certificate of appropriateness.
Sec. 10-1123. - Stop work orders.
If the building official finds any work being performed in a dangerous or unsafe manner or that
is in violation of the provisions of the permit, this Code or the state building code, the building
official may issue a stop work order. The stop work order must be in writing and issued to the
permit holder or the person doing the work. Upon issuance of a stop work order, the cited work
must immediately cease. The stop work order must state the reason for the order and the
conditions under which the cited work will be permitted to resume.
Sec. 10-1134. - Misdemeanor.
Violations of this article or of the terms of approval of a permit issued under this article ar
may be deemed a misdemeanor.
Secs. 10-1145 10-139. - Reserved.
Section 3. Chapter 36, Article IX of the City Code is amended to read as follows:
ARTICLE IX. - EDINA HERITAGE LANDMARKS
Sec. 36-713. Purpose.
The zoning classification of Edina Heritage Landmark is established to promote the
preservation, protection and use of significant heritage resources in the city. Heritage landmarks
shall be nominated by the heritage preservation board commission and designated by council
resolution. Unless otherwise stated, the list of definitions in section 2-186 shall govern this
article.
Sec. 36-714. Eligibility criteria.
The following criteria will guide the heritage preservation board commission and the
council in evaluating potential heritage landmark designations:
(1) The quality of significance in history, architecture, archeology and culture present in
buildings, sites, structures, objects and districts that reflects:
a. Association with important events or patterns of events that reflect significant
broad patterns in local history;
b. Association with the lives of historically significant persons or groups significant;
c. Embodiment of the distinctive characteristics of an architectural style, design,
period, type or method of construction; or that possess high artistic values, or that
represents a significant and distinguishable entity whose components may lack
individual distinction; or
d. Important archeological data or the potential to yield important archeological data.
(2) The retention of specific aspects of historical integrity, including location, design,
setting, materials, workmanship, feeling and association, that convey significance as a
heritage resource worthy of preservation.
Sec. 36-715. Determination of eligibility.
The heritage preservation heard commission shall review the inventory of heritage
resources and evaluate the significance of all properties identified by survey. If it determines that
a surveyed heritage resource appears to meet at least one of the heritage landmark eligibility
criteria, the heritage preservation beard commission may, by majority vote, issue a determination
of eligibility for planning purposes.
Sec. 36-716. Nomination of a heritage landmark.
Nomination of a property to be considered for designation as an Edina Heritage Landmark
shall be submitted to the council by the heritage preservation heard commission. Each
nomination shall be accompanied by a heritage landmark nomination study prepared by the city
planner. This study shall:
(1) Identify and describe in detail the heritage resource being nominated;
(2) Explain how the property meets one or more of the heritage landmark eligibility
criteria;
(3) Make the case for historical significance and integrity; and
(4) Recommend a plan of treatment for the heritage resource, with guidelines for design
review and specific recommendations for preservation, rehabilitation, restoration and
reconstruction, as appropriate.
(5) Identify the resource's character defining features.
The study shall be accompanied by a map that clearly locates the property, a detailed plan of the
nominated heritage resource, and archival quality photographs that document significant features
of the building, site, structure, object or district.
Sec. 36-717. State historic preservation office review.
The city planner shall submit all heritage landmark nominations to the state historic
preservation officer for review and comment within 60 days.
Sec. 36-718. Planning commission review.
The city planner shall submit all heritage landmark nominations to the city planning
commission for review and recommendations prior to any council action.
Sec. 36-719. Public hearing.
On receipt of the heritage landmark nomination documents and the comments of the state
historic preservation office and the city planning commission, the council shall hold a public
hearing to consider the proposed landmark designation.
Sec. 36-720. City council designation.
The council may designate a property as an Edina Heritage Landmark by resolution.
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zoning map. The list of historic landmarks and the map of any historic districts are located on the
city's website. All designations of historic sites " ;
this ordinance are intended to remain in full force and effect. All designated heritage landmarks
Sec. 36-721. Plan of Treatment
The Heritage Preservation Commission and City Council have adopted a Plan of
Treatment document for each Heritage Landmark Property or District to assist in the
administering of this ordinance. The Plan of Treatments are incorporated by reference into this
ordinance. In case of a conflict, the Historic Preservation Ordinance shall govern. The Plan of
Treatment may be amended from time to time by resolution.
Sec. 36-722. Review of Land Use Applications
To ensure compliance with the goals and policies of the comprehensive heritage
preservation plan, the heritage preservation commission shall review every application for a
preliminary plat, conditional use permit, variance or rezoning, in relation to a designated
heritage landmark; and the city planning commission shall give the heritage preservation
commission a reasonable opportunity to comment on such projects before making its
recommendation to the council.
{a) To protect significant heritage resources, the heritage preservation board shall review all
applications for city permits for the following types of work in relation to a designated
heritage landmark:
(1) Demolition of any building or structure, in whole or in part;
(2) Moving a building or structure to another location;
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contain significant buried heritage resources; and
(4) New construction.
(b) No city permits for the types of work described in subsection (a) of this section will be
issued without a certificate of appropriateness signed by the city planner and approved by
preservation plan. Applications for a certificate of appropriateness shall be made on forms
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section 2 721. The application shall be accompanied by plans and drawings to scale, which
clearly illustrate, to the satisfaction of the planner, the work to be undertaken if the permit is
(c) Permit review decisions shall be based on the Secretary of the Interior's Standards for the
heritage landmark preservation study, for each designated property.
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applications for city permits requiring certificates of appropriateness within 45 days of the
date of application.
appropriateness for work projects submitted voluntarily by owners of heritage resources.
To ensure compliance with the goals and policies of the comprehensive heritage
preservation plan, the heritage preservation board shall review every application for a
preliminary plat, conditional use permit, variance or rezoning, in relation to a designated
board a reasonable opportunity to comment on such projects before making its
recommendation to the council.
Sec. 36-723. —Certificate of Appropriateness — When Required in a Historic District.
(a) Certificate of Appropriateness. Except as provided herein, a certificate of appropriateness is
required prior to making any of the following changes to a site located within a historic
district:
(1) Removal, modification, or addition to character-defining features on street-facing
facades as defined in Sec. 2-186
(2) Replacement of exterior materials that are not in-kind replacement
(3) The addition of and/or replacement of windows that are not the same size, shape,
style of operation and or pane arrangement on street-facing facades as defined in
Sec. 2-186
(4) The addition of and/or replacement of doors that are not the same size and shape
on street-facing facades as defined in Sec. 2-186
(5) Demolition of an existing detached garage and the construction of a new
detached garage or an addition to an existing detached garage.
(6) An addition to a street-facing facade as defined in Sec. 2-186
(7) Change in pitch or height of a roofline visible from the street as defined in Sec. 2-
186
(8) Demolition of a contributing resource (to designate as a non-preservation
resource) structure
(9) Design and construction of a new home within a historic district. This includes
the demolition and new construction for properties built outside the period of
significance
(b) City Actions. City activities (including but not limited to activities on city property or in the
city right-of-way) shall not require a certificate of appropriateness provided that the
Commission shall review and make recommendations to the City Council concerning city
activity that could change the nature or appearance of a site located within a historic district.
(c) Exempt Work. The following types of projects shall not require a Certificate of
Appropriateness:
(1) Ordinary maintenance, such as repainting.
(2) In-kind replacement of exterior materials, such as replacement of deteriorated
wood lap siding with new wood lap siding or replacement of windows and doors
of the same shape, size, and type.
(3) Work affecting only the interior of a structure.
(4) Furnishings and moveable items, such as window boxes, light fixtures, shutters.
(5) Site work, including retaining walls, fences, and pools.
(6) Items that do not require a building permit.
(d) City Permits. In addition to a Certificate of Appropriateness required by section 36-723(a),
applicants must also obtain a Certificate of Appropriateness permit and all other necessary
permits required by City Code or other City ordinances for the proposed work.
Sec. 36- 724 — Certificate of Appropriateness — When required for a Historic Landmark
Property.
(a) Certificate of Appropriateness. Except as provided herein, a Certificate of Appropriateness
is required prior to making any of the following changes to a landmark structure:
(1) Demolition of any building or structure, as defined in 2-186.
(2) Moving a building or structure to another location
(3) Excavation of archeological features, grading, earth moving in areas believed to
contain significant buried heritage resources; and
(4) New construction as defined in 2-186.
(b) City Actions. City activities (including but not limited to activities on city property or in the
city right-of-way) shall not require a certificate of appropriateness provided that the
Commission shall review and make recommendations to the City Council concerning city
activity that could change the nature or appearance of a landmark site.
(c) City Permits. In addition to a Certificate of Appropriateness required by section 36-724(a),
applicants must also obtain a Certificate of Appropriateness permit and all other necessary
permits required by City Code or other City ordinances for the proposed work.
Sec. 36-725. —Certificate of Appropriateness Process and Criteria.
(a) Preapplication meeting with city planner.
(b) Application. An application for a Certificate of Appropriateness shall include all
information that the City Planner and the Commission determine is necessary for a
complete application, including, but not limited to, photographs of the existing structure,
scaled plans and written description fully describing the proposed work and information
about the building materials to be used, and drawings or photographs showing the property
in the context of its surroundings. Following receipt of a complete application and all
supporting documentation including fee established by resolution of the Council, the City
Planner shall begin the review process.
(b) Providing Notice. Notices of a review of a Certificate of Appropriateness by the Heritage
Preservation Commission shall be sent to properties in the same manner outlined in Sec.
36-97 a&c.
(c) Commission Review. The Commission may approve, approve with conditions, continue or
deny in whole, or part, an application. Subject to the requirements of Minn. Stat. § 15.99,
the Commission may continue consideration of an application if it finds that additional
documentation or expert technical advice from outside its membership is needed to
properly evaluate the application. All findings and decisions of the Commission shall be
final, subject to appeal to the City Council as specified in section 36-728.
(d) Action by Commission. If the Commission approves the application, it shall direct the City
Planner to issue a Certificate of Appropriateness subject to such conditions established by
the Commission. The Commission shall notify the applicant of their right to appeal and
furnish the applicant with a copy of the decision.
(e) Time Limitation. Upon issuance of a Certificate of Appropriateness the recipient must
apply for a building permit and certificate of appropriateness permit within 12 months.
(1) A one-time extension may be granted by the Commission for a period up to 12
months from the date of expiration provided that:
a. The original Certificate of Appropriateness has not expired at the time of
application for an extension is filed; and
b. The site or building conditions have not changed on the subject property
and adjacent properties.
(2) Upon expiration or expiration of an extension, the applicant must reapply for a
Certificate of Appropriateness.
(f) Certificate of Appropriateness Criteria. In making a determination whether to approve or
deny an application for a Certificate of Appropriateness, the Commission shall be guided
by the following criteria:
(1) Secretary of the Interior's Standards and Guidelines for Rehabilitation.
(2) Plan of Treatment documents— the design guidelines and standards listed in the
Plan of Treatment.
(3) Additional criteria for proposed alterations within designated historic districts.
Before approving a Certificate of Appropriateness to a property within an historic
district, the Commission (or City Council on appeal) shall make the following
findings:
a. The alteration is compatible with and will ensure continued significance
and integrity of all contributing properties in the historic district based on
the period of significance for which the district was designated.
b. Granting the Certificate of Appropriateness will be in keeping with the
spirit and intent of the ordinance and will not negatively alter the essential
character of the historic district.
(4) Criteria for moving and demolition is located in section 36-726 of this Chapter.
(g)
Changes to Approved Certificate of Appropriateness.
(1) Minor changes. Minor changes to an approved Certificate of Appropriateness
may be authorized by the City Planner where it is determined by the City
Planner that the proposed changes are not changes to character defining features
and are consistent with the approval made by the Commission.
(2) Other changes. Changes to an approved Certificate of Appropriateness other
than changes set forth in (1) above determined by the City Planner to be minor
are considered material changes and shall require an amendment to the
Certificate of Appropriateness by the Commission. The requirements for
application and approval of an amended Certificate of Appropriateness shall be
the same as the requirements for original approval, including a fee.
Sec. 36-726. — Demolition or Relocation.
(a) Purpose. The demolition or relocation of historic resources is deemed detrimental to the
public interest and shall only be permitted pursuant to prescriptions of this section.
(b) Concept Review. Prior to submission of a formal Certificate of Appropriateness application
seeking demolition approval, a concept plan may be submitted for the purpose of obtaining
the Commission's comments and recommendations prior to the owner spending significant
time and expense in the preparation of reuse plans when applying for a Certificate of
Appropriateness for the demolition or moving of a historic resource.
(1) The property owner requesting a concept review shall submit preliminary
drawings of any proposed building or addition, current photographs of the
property and reasons for the requested demolition or moving of the historic
resource.
(2) After discussion with the owner, the Commission may provide preliminary
feedback on the proposed reuse of the property and the removal or demolition of
the historic resource. The Commission's comments on such a concept plan shall
not be binding on any subsequent certificate of appropriateness applications
seeking demolition approval.
(c) Engineer study. In any case involving the demolition or relocation of a historic resource,
before granting approval, the Commission may require a structural engineer, or historic
preservation architect, at the owner's expense, to provide them with a report on the state of
repair and structural stability of the structure under consideration.
(d) Demolition or relocation criteria. In determining the appropriateness of any application for
the demolition or relocation of a landmark or contributing building in a historic district, the
Commission shall use the following criteria:
(1) The architectural significance of the building or structure.
(2) The historical significance of the building or structure.
(3) The condition and structural integrity of the building or structure, as indicated by
documentation prepared by a qualified professional or licensed contractor, or
other information, provided to the Commission for examination.
(4) Effect on surrounding properties.
(5) Effect on the historic district if a contributing building is in a historic district.
(e) Additional Matters Considered. In addition to the general criteria listed in section 36-
725(g), the applicant must also demonstrate:
(1) If requesting relocation, that structure can be moved without significant damage
to its integrity of design, materials, and workmanship and the applicant can show
the relocation activity is the best preservation method for the retention of the
structure.
(2) If requesting relocation, whether the resource is on its original site.
(3) If requesting relocation, that the structure will retain sufficient historic integrity
in its new location to remain a historic landmark
(f) If the Commission denies application, the Commission shall notify the applicant of their
right to appeal and furnish the applicant with a copy of the decision.
(g)
Demolition Permit. No permit to demolish a landmark, a contributing or non-contributing
resource may be issued without the issuance of a certificate of appropriateness and
certificate of appropriateness permit for a replacement structure or project for the property
involved.
Sec. 36 723727. Appeals.
Any party aggrieved by a decision of the heritage preservation beard commission or an
administrative official may appeal such decision by filing a written appeal with the city clerk no
later than ten days after the decision of the heritage preservation heard commission or the
administrative official. If not so filed, the right of appeal shall be deemed waived and the
decision of the heritage preservation beard commission or administrative official shall be final.
Upon receipt of the appeal, the city clerk shall transmit a copy of said appeal to the heritage
preservation beard commission. The council shall hear and decide all appeals in the manner
provided by section 36-100.
Sec. 36-728. — Emergency Repair.
In emergency situations where immediate repair is needed to protect the safety of a
building or structure and its inhabitants, the City Planner, City Building Official, Community
Health Administrator or Fire Chief may approve the repair or demolition without prior
Commission action. Emergencies are defined as life or health threatening conditions requiring
immediate attention, as determined by the City Building Official, Fire Chief, or Community
Health Administrator. In the case of an emergency repair permit issued pursuant to this section,
the City Planner shall notify the Commission of its action and specify the facts or condition
constituting the emergency situation.
Sec. 36-729. — Maintenance of Historic Resources.
Owners of historic resources shall keep such resources in good condition and repair and not
allow their buildings or structures to deteriorate by neglect (i.e. failing to provide ordinary
maintenance or repair.)
(a) The Building Official and Community Health Administrator shall have the authority
to monitor the condition of historic resources to determine if they are being allowed
to deteriorate by neglect. Such conditions as broken windows, doors and openings
which allow the elements to enter, the deterioration of exterior character-d efining
features, or the deterioration of a building's structural system shall constitute failure
to provide ordinary maintenance or repair.
(b) In the event the Building Official or Community Health Administrator determines that
there has been a failure to provide ordinary maintenance or repair, the Building
Official or Community Health Administrator will notify the owner of the property
and set forth the steps necessary to comply with the provisions of the Building Code
and City Code
Sec. 36-730. — Enforcement.
(a) In case any building or structure subject to the regulation of this ordinance is to be
erected or constructed, reconstructed, altered, repaired, maintained, moved, or subjected
to demolition in violation with this ordinance, the City Planner, Building Official, or
Community Health Administrator in addition to any other remedies, may:
(1) Institute civil action for injunctive relief to stop, prevent, or abate a violation of
this ordinance.
(2) Issue a stop work order to prevent a continuing violation of this ordinance.
DRAFT
See,36-724,Violationv
Violations of the provisions of this chapter or the conditions of approval granted thereunder
appropriate remedy, in any court of competent jurisdiction.
Every owner or person in possession of a designated heritage landmark shall keep the
propertygood 13 •
Secs. 36 726 36 748. Reserved.
Section 4. This ordinance is effective January 1, 2026.
ATTEST:
Sharon Allison, City Clerk James B. Hovland, Mayor