AGENDA #5f

BUDGET WORKING PAPER

TO:                  W. Calvin Horton, Town Manager

FROM:            Ralph D. Karpinos, Town Attorney

SUBJECT:       Demolition by Neglect Order

DATE:             March 30, 2004

This report provides information on the possibility of enacting a demolition by neglect regulation to attempt to avoid the deterioration of historic buildings.

BACKGROUND

During Council discussions related to the preparation of the budget for the 2004-05 fiscal year it was suggested that the Council consider enacting a regulation that would require that historic buildings be maintained to a certain standard to prevent their continued deterioration.

DISCUSSION

Presently, the Town’s Land Use Management Ordinance includes regulations on the demolition of structures in the Town’s Historic Districts.  In those districts, in order to demolish a structure it is necessary to receive from the Historic District Commission a Certificate of Appropriateness.

Except for structures determined by the State to have “statewide significance”, certificates to allow demolition cannot be denied.  (N.C.G.S. Sec. 160A-400.14 (a))   However the issuance of such a certificate can be delayed by the Commission for up to one year.  The purpose of this authority to delay demolition is, in part, to allow the opportunity for other options to be considered that may allow for the preservation of a particular structure.  Under the Historic District regulations, structures that are in an unsafe or dangerous condition, as determined by the Building Inspector, may be exempted from the need for such a Certificate. 

There is no provision in the Town’s current Historic District Ordinances that would require an owner of a structure in a Historic District to maintain a structure so as to prevent it from reaching the condition where demolition is deemed economically feasible or necessary. 

Such an ordinance is authorized by State Law.  N.C.G.S. Sec. 160A-400.14 (b) provides:

b) The governing board of any municipality may enact an ordinance to prevent the demolition by neglect of any designated landmark or any building or structure within an established historic district. Such ordinance shall provide appropriate safeguards to protect property owners from undue economic hardship.

It should be noted, however, the enactment of a demolition by neglect ordinance would not override the other provisions pertaining to certificates of appropriateness for demolition referred to above.   

The procedure for considering an amendment to the Land Use Development Ordinance to establish a demolition by neglect ordinance in the historic district would include calling a public hearing and receiving a recommendation from the Planning Board.  Making recommendations for changes to the Historic District regulations is one of the responsibilities assigned by the Town Council to the Historic District Commission.