AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE to ESTABLISH DEMOLITION BY NEGLECT PROVISIONS IN THE HISTORIC DISTRICTS (2006-03-06/O-1)

WHEREAS, State law, N.C.G.S. Sec. 160A-400.14 (b), authorizes the Town to enact regulations to prevent the demolition by neglect of any designated landmark or any building or structure within an established historic district; and

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed text amendments to the Land Use Management Ordinance and finds that the amendments are warranted in order to achieve the purposes of the Comprehensive Plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1.  A new Section 3.6.2(f) is hereby added to the Chapel Hill Land Use Management Ordinance to read as follows:

“(f) Prevention of Demolition by Neglect

(1) The purpose of this ordinance is to protect Chapel Hill’s historic architectural resources by intervening when a significant resource is undergoing demolition by neglect.

Demolition by neglect is defined as a situation in which a property owner, or others having legal possession, custody or control of a property, allow the condition of property located in a Historic District to suffer such deterioration, potentially beyond the point of repair, as to threaten the structural integrity of the structure or its relevant architectural detail to a degree that the structure and its character may potentially be lost to current and future generations.

(2) Control of Demolition by Neglect of Structures within Designated Historic Districts

      A. In order to promote the purposes of historic preservation, this subsection requires that owners of historic properties maintain their properties and not allow them to fall into disrepair. The requirements of this subsection are applicable only to properties in the Historic Districts of Chapel Hill.

B. Conditions of Neglect Defined and Prohibited

            Owners or others having legal possession, custody or control of a property in Historic Districts shall maintain or cause to be maintained the exterior and structural features of their properties and not allow conditions of neglect to occur on such properties.  It is a violation of the Town’s Land Use Management Ordinance to not remedy a condition of neglect within the period of time set by a final administrative determination, as described in Section (C), below.

Conditions of neglect include, but are not limited to, the following:

1. Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling.

2. Deterioration of flooring or floor supports, roofs, or other horizontal members that causes leaning, sagging, splitting, listing, or buckling.

3. Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling.

4. Deterioration or crumbling of exterior plasters or mortars.

5. Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors.

6. Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering.

7. Rotting, holes, and other forms of decay.

8. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling.

9. Deterioration that has a detrimental effect on the surrounding historic district.

10. Deterioration that contributes to a hazardous or unsafe condition.

11. Deterioration of fences, gates, and accessory structures.

C.  Procedure for Enforcement

      Enforcement of these provisions shall be undertaken as described in Section 4.13 of the Land Use Management Ordinance (“Violations and Penalties”), with the following additional components:

1. Upon receipt of a complaint or upon observation, if the Town Manager makes a preliminary determination that a property in a Historic District is being neglected, as defined in Section 3.6.2(f)(2)B, the Manager shall inform the property owner of the preliminary determination and notify the Historic District Commission of the preliminary determination. The Town Manager will seek remedial action by the property owner. 

2. If remedial action has not commenced within 30 days of initial notification, the Town Manager, after consultation with the Historic District Commission, shall make a finding of violation of the Land Use Management Ordinance.  Procedures outlined in Section 4.12 shall be followed, including notification of right to and process for appeal as described in Section 4.12.

(3)  Safeguards for Undue Economic Hardship

Upon notification from the Town Manager of required remedial action, the property owner may by written request claim undue economic hardship.

If a claim of undue economic hardship is made owing to the effects of this article, the Town Manager shall notify the Historic District Commission within five (5) business days following the receipt of the written request for a determination of undue hardship. The Commission shall at its next regular meeting, schedule a hearing on the request within the limitations of its procedures for application deadlines.

The petitioner shall present the information provided under subsection (A) below to the Commission at or prior to the hearing. The Commission may require that an owner and/or parties in interest furnish such additional information as the Commission may reasonably conclude is relevant to its determination of undue economic hardship, and may, in its sole discretion, hold the hearing open and allow the owner or party in interest a reasonable period of time (to be established by the Commission) to furnish the requested additional information. The Commission may request the staff to furnish additional information, as the Commission believes is relevant. The Commission shall also state which form of financial proof it deems relevant and necessary to a particular case.

In the event that any of the required information is not reasonably available to the owner and/or parties in interest and cannot be obtained by the owner, the owner shall describe the reason why such information cannot be obtained.

A.  When a claim of undue economic hardship is made owning to the effects of this article, the owner and/or parties in interest must provide evidence during the hearing upon the claim, describing the circumstances of hardship. The minimum evidence shall include for all property:

1. Nature of ownership (individual, business, or nonprofit) or legal possession, custody, and control.

2. Financial resources of the owner and/or parties in interest.

3. Cost of repairs.

4. Assessed value of the land and improvements.

5. Real estate taxes for the previous two (2) years.

6. Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship between the owner and the person from whom the property was purchased, or other means of acquisition of title, such as by gift or inheritance.

7. Annual debt service, if any, for previous two (2) years received.

8. Any listing of the property for sale or rent, price asked, and offers received, if any.

In addition, for income-producing property:

9. Annual gross income from the property for the previous two (2) years.

10. Itemized operating and maintenance expenses for the previous two years.

11. Annual cash flow, if any, for the previous two (2) years.

B.  Within sixty (60) days of the Commission’s hearing on the claim, the Commission shall make a determination of undue or no undue economic hardship and shall enter the reasons for such finding into the record. In the event of a finding of no undue economic hardship, the Commission shall report such finding to the Town Manager, and the Town Manager shall cause to be issued an order for such property to be repaired within the time specified.

C.  In the event of a finding of undue economic hardship, the finding shall be accompanied by a recommended plan to relieve the economic hardship. This plan may include, but is not limited to, property tax relief as may be allowed under North Carolina law, loans or grants from the Town, the County, or other public, private, or nonprofit sources, acquisition by purchase or eminent domain, building code modifications, changes in applicable zoning regulations, or relaxation of the provisions of this article sufficient to mitigate the undue economic hardship. The Commission shall report such finding and plan to the Town Manager. The Town Manager shall cause to be issued an order for such property to be repaired within the time specified, and according to the provisions of the recommended plan. 

(4)  Appeals

Decisions under this Section made by the Historic District Commission may be appealed to the Board of Adjustment on the record in accordance with the procedures described in Section 4.10.

(5)  Stay of Proceedings

Issuance of an approved Certificate of Appropriateness for improvements, accompanied by actions to bring the property into compliance with this Section, will stay an enforcement proceeding seeking compliance with this Section for said property.

(6)  Other Town Powers

Nothing contained within this article shall diminish the Town's power to declare an unsafe building or a violation of the minimum housing code.

Section 2.  That these amendments shall become effective upon enactment.

This the 6^th day of March, 2006.