[Ord. No. 1825, 5-13-1991]
A. Ordinary Maintenance Exclusion. Nothing in this Section
shall be construed to prevent the ordinary maintenance or repair of
any exterior elements of any building or structure designated as a
landmark or within a historic preservation district.
B. Definition Of Ordinary Maintenance. Any work for which a
building permit is not required by law, where the purpose and the
affect of such work is to correct any deterioration or decay or damage
to a structure or any part thereof and to restore the same as nearly
as may be practical to its condition prior to the occurrence of such
deterioration, decay or damage.
C. Minimum Maintenance Requirement. All buildings and structures
designated by the City ordinance as "H-1" shall be preserved against
decay and deterioration and free from certain structural defects in
the following manner by the owner thereof or such other person or
persons who may have legal custody and control thereof. The owner
or other person having legal custody thereof shall repair such building
if it is found to have any of the following defects:
1. Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
2. Deteriorated or inadequate foundation.
3. Defective or deteriorated flooring or flooring supports or floor
supports of insufficient size to carry imposed loads with safety.
4. Members of walls, partitions or other vertical support that split,
lean, list or buckle due to defective material or deterioration.
5. Members of walls, partitions or other vertical supports that are
insufficient size to carry imposed loads with safety.
6. Members of ceilings, roofs, ceiling and roof supports or other horizontal
members which sag, split or buckle due to defective material or deterioration.
7. Members of ceilings, roofs, ceiling and roof supports or other horizontal
members that are of insufficient size to carry imposed loads with
safety.
8. Fireplace or chimneys which list, bulge or settle due to defective
material or deterioration.
9. Fireplace or chimneys which are of insufficient size or strength
to carry imposed loads with safety.
10. Deteriorated, crumbling or loose plaster.
11. Deteriorated or ineffective waterproofing of exterior walls, roofs,
foundations or walls, including broken windows or doors.
12. Defective or lack of weather protection for exterior wall coverings,
including lack of paint or weathering due to lack of paint or other
protective coating.
13. Any fault or defect in a building which renders the same structurally
unsafe or not properly watertight.
D. Public Safety Exclusion. None of the provisions of this
Chapter shall be construed to prevent any measures of construction,
alteration or demolition necessary to correct or abate the unsafe
or dangerous condition of any structure, other feature or part thereof,
where such condition has been declared unsafe or dangerous by the
Codes Enforcement Department of the City of Harrisonville and where
the proposed measures have been declared necessary by such department
or departments to correct the said condition; provided however, that
only such work as is reasonably necessary to correct the unsafe or
dangerous condition may be performed pursuant to this Section. In
the event any structure or other feature shall be damaged by fire
or other calamity or by an act of God or by public enemy to such an
extent that, in the opinion of the aforesaid department, it cannot
reasonably be repaired or restored, it may be removed in conformity
with normal permit procedures and applicable laws.
E. If
minimum maintenance is not being maintained, the owner of the property
or other person having legal custody thereof shall be notified thereof
by the Preservation Commission. The notice shall be by certified mail
and shall specify each item in the property or landmark that fails
to meet with minimum maintenance requirements. The owner or other
person having custody of the property shall have thirty (30) days
from the receipt of the notice to comply with minimum maintenance
requirements. The Preservation Commission, for good cause shown, may
grant an additional extension of thirty (30) days. If, after the original
thirty (30) day period or any extension granted, the owner or person
having legal custody of the property should fail to meet the minimum
maintenance requirements, the owner or person having legal custody
of the property shall be in violation of this Section and punished
subject to the punishment set forth in this Chapter.