Demolition By Neglect

"Demolition by Neglect" is one of the most serious problems affecting the fabric of our historic neighborhoods. The term "Demolition by Neglect" refers to the gradual deterioration of a building when routine or major maintenance is not performed. The ordinances which created both Historic District Landmarks Commissions entrust the Commissions with insuring that structures located within the local historic districts and landmarks designated by the Commissions are not allowed to be demolished through the neglect of the owners. A Demolition by Neglect citation issued by the Commission is against the owner of the property for failure to properly maintain the property as per the specific criteria stated in the following paragraphs.

The types of deficiencies identified as "Demolition by Neglect" include any structural deficiency or a deficiency in a building part which left unrepaired could lead to deterioration of the building's structural frame. A building is also identified as "Demolition by Neglect" if it is open to entry by vandals or vagrants.

Specific criteria for the determination of Demolition by Neglect are as follows:

• 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.
• The deterioration of a building(s) 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 ceiling, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration; g. Members of ceiling, 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 same structurally unsafe or not properly watertight.
• Action by the City, the State Fire Marshall, or the Department of Safety and Permits relative to the safety or physical condition of any building.

The process by which a building is officially cited for Demolition by Neglect involves several stages. They are as follows:

1. Identification by the staff that a building's condition falls under the Commission's criteria of Demolition by Neglect. This initial identification may be made by a staff inspection of the neighborhood or by referral from someone in the area.

2. The staff presents the building to the Commission at a public hearing with a report detailing the defects which, in the staff's opinion, qualifies the structure for Demolition by Neglect. To proceed with the citation process the Commission must vote by a majority to make a preliminary finding of Demolition by Neglect.

3. If a preliminary determination is made by the Commission, the owner is notified by certified mail of the defects in the building. The owner is given thirty (30) days in which to respond to the preliminary determination by obtaining a Certificate of Appropriateness for the corrective work. If a Certificate of Appropriateness is issued at this point, it will detail the specific work which is necessary to correct the Demolition by Neglect conditions, and a time limit for work to begin and be completed is set.

4. If the owner of the property receives the letter regarding the preliminary determination, but fails to respond, the matter is referred to the Commission for a citation hearing. If the owner fails to receive the letter regarding the preliminary determination after two attempts, the building is posted with a notice of the violation in accordance with the provisions of the Ordinance, and a public hearing on the citation is scheduled.

5. At the public hearing the Commission may issue a citation to the owner of the property for failure to correct the Demolition by Neglect conditions. The citation is made by a vote of the majority of the Commission on a motion recognizing the condition of the building and the owner's failure to correct the defects. The owner is invited to the public hearing to address the Commission's concerns and to show cause why a citation should not be issued. The Commission may also defer the matter to give the owner more time either to correct the deficiencies, make a proposal for repairs, or perhaps sell the property-

6. If the owner is cited for the condition of Demolition by Neglect of the property, he is given ten (10) days to respond with a proposal to correct the defects.

7. If a Certificate of Appropriateness is issued at this point, it is often worded to place specific constraints on the owner for initiating and completing the work.

8. If the owner fails to respond after the ten-day grace period following the citation, he is given an additional five (5) days to respond. After that additional period passes with no response, the matter is turned over to the City Attorney's office for action in Civil District Court.

Types of Demolition by Neglect and Recommended Corrective Measures.

Structural Failure.
Defects involving the structural failure of a building or a portion of a building are the most difficult to correct. For certain types of building failure, it is necessary to seek the advice of a structural engineer to determine the measures necessary to correct them. If the condition of the building has deteriorated to the point the building or a portion of the building can not be saved, it is sometimes reasonable to propose demolition as a means of "correcting" the structural failure. See "Demolition Application."

Missing Exterior Finish Material.
Exterior finish material such as weatherboards, trim, fascia, soffits and window casings serve the important function of protecting the basic structure of the building as well as protecting the interior finishes. These building elements also often carry important information about the style and age of the building. When repairing loose or missing exterior finish material, care must be taken not to remove any important historic fabric. Where replacement material is necessary, it must match the original in material and detail. All replacement wood should be primed and painted after installation to insure that the work will not have to be repeated. If defects include failure of masonry, construction repairs must be made using masonry units (bricks) and mortar which match the existing in material, composition, size and density.

Broken or Missing Glazing, and Open or Missing Windows or Doors.
Missing windows, doors or glazing can allow the entry of water into the building. If left unchecked, water can lead to the deterioration of the structural fabric of the building and damage to both the interior and exterior finishes. An open building is also an invitation to vandals and vagrants to enter and possibly damage the building. The method used to correct this type of defect varies according to the seriousness of the problem. If the matter involves simply the need to replace glazing in existing frames, the work can be easily accomplished. If a building is missing doors or windows, or is abandoned, the Commission recommends that the building be boarded up.

In either case, a minimum of 3/8" plywood should be cut to fit tightly inside the frame of the window or door on the exterior of the building. In the first method of attachment, 2" drywall screws spaced no more than 12" on center are used to attach the plywood to the frame of the opening. In the second method of attachment, 3/8" carriage head bolts with 2" washers are used to attach the plywood to 2 x 4 wood bars mounted on the interior of the building. When the bolts are tightened, the wall is "sandwiched" between the plywood and the 2 x 4 bars, holding the entire assembly in place. In both examples, the plywood must be placed on the outside of the window opening. The Commission recommends that the plywood be primed and painted before installation to improve the general appearance of the building and to make it durable against the weather.

Roof, Gutters, Downspouts, and Flashing.
The roof surface and associated construction are the most important areas in protecting a building from water damage. If a Demolition by Neglect notice results from a fault in the roof or associated construction, the Commission recommends that repairs be made to match the original in material and detail. Sometimes if the damage to a roof surface is extensive or if other structural repairs are required, it is necessary to replace the entire roof surface.

The preceding suggestions for correcting Demolition by Neglect conditions are general. Specific situations may require different solutions. The staff of the Commission is willing to consider any suggestion so long as it adequately addresses the building fault which created the condition of Demolition by Neglect.