§ 13.5-13. Demolition by neglect.

(a)

Any resource which is a landmark and all resources within a historic district shall be preserved by the owner or such other person or persons as may have the legal custody or control thereof against decay and deterioration and free from unreasonable structural defects. The owner or other person having legal custody and control thereof shall repair such resource if it is found to have one or more of the following defects:

(1)

Deterioration to the extent that it creates or permits a hazardous or unsafe condition as determined by the city's building inspector.

(2)

Deterioration, as determined by the building inspector, of a building 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 persons or property;

b.

Deteriorated or inadequate foundations;

c.

Defective or deteriorated floor supports or floor supports inefficient to carry imposed loads with safety;

d.

Members of walls or other vertical supports that split, lean, list, or buckle due to defective material, workmanship, or deterioration;

e.

Members of walls or other vertical supports that are insufficient to carry imposed loads with safety;

f.

Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material workmanship, or deterioration;

g.

Members of ceilings, 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, workmanship, or deterioration; or

i.

Any fault, defect, or condition in the building which renders the same structurally unsafe or not properly watertight.

(b)

If the commission makes a preliminary determination that a resource is being demolished by neglect, it shall direct the city building official to notify the owner or owners of the resource of this preliminary determination, stating the reasons therefore, and shall give the owner of record 30 days from the date of mailing of such notice or the posting thereof on the property, whichever comes later, to commence work to correct the specific defects as determined by the commission.

Said notice shall be given as follows:

(1)

By certified mail, restricted delivery, mailed to the last known address of the record owner or owners as listed on the city and/or county tax rolls; or

(2)

If the above mailing procedure is not successful, notice shall be posted in a conspicuous, protected place on the resource.

(c)

If the owner or owners fail to commence work within the time allotted as evidenced by a building permit, the commission shall notify the owner or owners in the manner provided above to appear at a public hearing before the commission at a date, time and place to be specified in said notice, which shall be mailed or posted at least 30 days before said hearing. For the purpose of insuring lawful notice, a hearing may be continued to a new date and time. The commission shall receive evidence on the issue of whether the subject resource should be repaired and the owner or owners may present evidence in rebuttal thereto. If, after such hearing, the commission shall determine that the resource is being demolished by neglect, it may direct the city building official to bring misdemeanor charges against the owner or owners if the necessary repairs are not completed within 90 days of the determination by the commission that the subject building or structure is being demolished by neglect.

(d)

The city, in addition to the powers specified in MCA 1972, § 21-19-11(1), as amended, if the Historic Preservation Division of the Department of Archives and History concurs, may make repairs necessary to correct demolition by neglect, and the cost of such repairs shall become a lien against the property in accordance with the Mississippi State Code of 1972 as amended.

(Ord. of 10-25-2004)