AN ORDINANCE AMENDING
CHAPTER 2.60 HISTORIC DISTRICT COMMISSION OF THE CITY OF EUREKA SPRINGS,
ARKANSAS, MUNICIPAL CODE
WHEREAS,
the City of Eureka Springs, Arkansas has a designated Historic District and
provided for the appointment of a Historic District Commission, (HDC) and
WHEREAS,
it has been determined that the City Ordinance adopted for the purpose of
protecting the historic and aesthetic qualities of the City of Eureka Springs
should be amended to further provide for the preservation and rehabilitation or
restoration of structures which constitute or reflect distinctive features of
the architectural or historical resources of the City, thereby promoting the
public welfare and preserving the cultural heritage of the City, it is
NOW,
THEREFORE, ORDAINED BY THE CITY COUNCIL OF THE CITY OF EUREKA SPRINGS, ARKANSAS
THAT Chapter 2.60 of the City Municipal Code is amended as follows:
2.60.13 Legislative
Intent
It
is the intent of the Eureka Springs City Council that this ordinance be
interpreted narrowly to prevent the structures in the Eureka Springs Historic
District from deteriorating to a point where demolition is the only appropriate
treatment.
2.60.14 Maintenance,
Repair, Demolition By Neglect
No owner or person with an interest in real property
located within the Historic District, also including but not limited to Sole
Proprietors, members of Limited Liability Companies and shareholders in closely
held corporations, shall permit said property to fall into a state of
disrepair. The owner or person with an interest in the real property in charge
of any building or structure within the Historic District shall keep in good
repair (1) all of the exterior portions of the structure and (2) all interior
portions which, if not so maintained, may cause the exterior portions of the
structure to deteriorate, decay or become damaged or otherwise to fall into a
state of disrepair. For the purpose of determining a condition deemed to be
“deteriorating” the U. S. Secretary of the Department of the Interior’s Guidelines
for Rehabilitation of Historic Buildings, the Eureka Springs Historic District
Guidelines and the International Building Code: International Property
Maintenance Code as adopted by the City of Eureka Springs shall constitute
the primary source of definitions.
“Disrepair” shall include, but shall not be limited
to, the deterioration of any exterior architectural feature that would, in the
judgment of the Historic District Commission (HDC) and the City of Eureka
Springs Building Official, produce a detrimental effect on the structure or the
distinguishing characteristics of the structure. Additionally, the Building
Official and Historic District Commission (HDC) shall consider the following
for the purpose of determining a condition of demolition by neglect, defined as
“the destruction of a building or structure through abandonment or lack of
maintenance”:
A. The deterioration of a building to the extent that
it creates or permits a hazardous or unsafe condition as determined by the
Building Official
B. The deterioration of a building characterized by
one (1) or more of the following:
1. Those buildings that have parts
thereof which are so attached that they may fall and injure members of the
public or property;
2. Members of walls, or other
vertical supports which split, lean, list or buckle due to defective material
or deterioration or that are insufficient to carry imposed loads with safety;
3. Members of roofs, porch ceilings
and roof supports, or other horizontal members which sag, split or buckle due
to defective material or deterioration or that are insufficient to carry
imposed loads with safety;
4. Fireplaces or chimneys which list, bulge
or have settled due to defective material or deterioration, due to missing
mortar, bricks or masonry;
5. Any fault, defect or condition in the building which renders the same structurally unsafe or not properly watertight, including the deterioration of exterior walls, roofs and foundations, and broken or missing windows, doors, shingles and siding;
6. The deterioration of exterior
finishes such as peeling paint with rotting, holes or other forms of decay, or
falling plaster or missing mortar with rotting, holes, or other forms of decay;
7. Any condition deemed to be a fire
hazard by the Eureka Springs City Fire Marshall.
2.60.15 Investigations and Reports
The Historic District Commission (HDC), Building
Official or Fire Marshall may make such investigations and studies of matters
relating to demolition by neglect as deemed necessary and may submit reports
and recommendations to the Mayor and other agencies of the city. If in making
such investigations and studies, it is determined that there may be demolition
by neglect occurring, the Historic District Commission (HDC) shall hold a
public hearing. Nothing in this section or ordinance gives any Historic
District Commission (HDC) member permission to enter or trespass upon private
property without the express written permission of the property owner or
tenant.
2.60.16 Procedures Upon Complaint
These procedures shall be followed:
A. Upon the filing of a written complaint
with the Historic District Commission (HDC) by three (3) residents at separate
addresses within five hundred (500) feet of the property alleging that property
subject to the provisions of this ordinance is in a state of deterioration,
decay, disrepair or demolition by neglect, the Historic District Commission
(HDC) shall submit a request to the Building Official or other designated
person or agency to conduct an inspection of the property and file a report
with the Historic District Commission (HDC) within thirty (30) days from the
date of the request. If the report is
not made within thirty (30) days, the Historic
District Commission, at the Commission’s expense, may hire a qualified
independent inspector to conduct the inspection and provide the report. If, in
the course of the inspection, a fire hazard is suspected, the City Fire
Marshall shall be notified immediately.
B. If the report indicates that
Demolition By Neglect may be occurring, the Historic District Commission (HDC)
shall forward, by certified mail with return receipt requested, a copy of the report, recommendations to the
property owner, and the written guideline for the hearing process.
C. The Historic District Commission (HDC)
shall give notice of any public hearing which it is required or authorized to
hold under the provisions of this ordinance by following the “Methods of Service
of Complaints, Orders and Citations” in Sec. 2.60.21.
D. At such public hearing, the Historic District Commission (HDC) shall afford an opportunity for the presentation of facts and the expression of views by those desiring to be heard.
2.60.17. Determinations of the
Commission
A. Any determination or finding that property subject to the provisions of this ordinance is in a state of disrepair, decay, deterioration, or demolition by neglect shall be set forth in writing and the reasons for such determination shall be specifically stated.
B. The Historic District Commission (HDC) shall give notice of any such determination, reached in concurrence with the Building Official, to the owner of the subject property within fifteen (15) business days.
C. Such determination shall include notice that the property owner is required to submit a proposal for the correction of the conditions to the Historic District Commission (HDC) as an application for a Certificate of Appropriateness (CofA) within forty-five (45) days of date of notification of such determination.
D.
The notice to the property owner shall also include information on possible
financial assistance in the form of grants, low interest loans and tax credits
that may be available. The Historic
District Commission (HDC) shall assist the property owner in finding financial
assistance if possible.
E. If the owner of the property fails to file an Application for a Certificate of Appropriateness (CofA) which contains a proposal to correct the determined defects within forty-five (45) days, the Historic District Commission (HDC) shall notify the Building Official with a request to issue a citation and “Order to Repair” for the purpose of initiating enforcement procedures as permitted by this ordinance.
An approved Certificate of Appropriateness (CofA) and
arrangements to correct the underlying conditions shall stay proceedings under
this ordinance. The Historic District Commission (HDC) may consider a verified
personal tragedy of the applicant to extend the Certificate of Appropriateness
(CofA) if necessary. The Historic District Commission (HDC) may require the
property owner and other parties in interest, if any, to execute any other
agreements or forms necessary to ensure compliance.
2.60.19 Penalties and Remedies
Enforcement of this ordinance may be by any one (1)
or more of the following methods, and the institution of any action under any
of these methods shall not relieve any party from any other civil or criminal
proceeding prescribed for violations and prohibitions:
A. Civil
Remedies. The Historic District Commission (HDC) may apply for appropriate
judicial relief such as injunctions or Orders of Abatement in addition to the
penalties prescribed in this ordinance for violations. An Order of Abatement
may direct that improvements or repairs be made, or that any other action be
taken that is necessary to bring the property into compliance with these
regulations. No Order of Abatement shall be requested unless and until the
Building Official shall deliver the written Order to Repair to the property
owner with the findings of fact in support of such determination to repair as
determined at the Historic District Commission (HDC) Public Hearing. It shall
be delivered in the manner specified in Sec. 2.60.21 “Methods of Service of
Complaints, Orders and Citations.” After the party is cited for contempt by the
court, and the City executes the Order of Abatement, then the City may place a
lien, in the nature of a mechanic’s and material, on the property for the cost
of executing the Order of Abatement.
B. Penalties: the same as set forth in Sec. 2.60.22.
No building may be demolished in the Historic District without a Certificate of Appropriateness (CofA) issued by the Historic District Commission (HDC).
A.
Economic Hardship. If an application for a Certificate of Appropriateness
(CofA) for demolition is denied and if the property owner feels this denial of
a Certificate of Appropriateness (CofA) for demolition will result in
substantial economic hardship, the property owner may apply for a Certificate
of Economic Hardship within forty-five (45) days based on criteria detailed in
the Eureka Springs Historic District Guidelines. If the Historic
District Commission (HDC) determines that the claims of economic hardship are
valid and no reasonable use can be found for the property, that no economic
return can be obtained, and that there will be no substantial detriment to the
Historic District, then the Historic District Commission (HDC) may issue a
Certificate of Economic Hardship and approve the proposed work. If the Historic
District Commission (HDC) finds
otherwise, it shall deny the application for the Certificate of Economic
Hardship and record in its records the reasons therefore.
B. Unapproved demolition of historic structures will be subject to maximum violation penalties. Each day the violation exists shall constitute a separate offense until a faithful restoration of the demolished structure is complete or unless otherwise agreed to by the Historic District Commission (HDC). Further, the Historic District Commission (HDC) may elect to refuse applications for a Certificate of Appropriateness (CofA) for a period of five (5) years from the date of demolition on the subject parcel of land or any adjoining parcels under common ownership and control or those in privity, unless the application for a Certificate of Appropriateness (CofA) is for the faithful restoration of the subject property or unless otherwise agreed to by the Historic District Commission (HDC)
.
2.60.21 Methods of
Service of Complaints, Orders and Citations.
All
complaints, orders and citations issued on behalf of the Historic District
Commission (HDC) shall be served in compliance with the Arkansas Rules of Civil
Procedure. In the event that a property owner cannot be located, service may be
completed by publishing notice once (1) each week for two (2) consecutive weeks
in any local periodical or newspaper of general circulation in the Western District
of Carroll County, Arkansas. Where such service is by publication, a Notice of
the pending proceedings shall be posted in a conspicuous place on the premises
thereby affected.
2.60.22 Penalty,
Enforcement
A.
Penalty. Any person, firm or corporation violating any provision of this
ordinance shall be fined not less than Ten ($10.00) Dollars nor more than Five
Hundred ($500.00) Dollars for each offense, and a separate offense shall be
deemed committed on each day during or on which a violation occurs or
continues.
B.
The Building Official shall be responsible for enforcement of the provisions of
this chapter as it pertains to violations.
Any
reference in this ordinance to the Chancery Court shall be interpreted to read
Circuit Court.
This
Ordinance being necessary for the preservation of the public peace, health,
safety and welfare of the inhabitants of the City of Eureka Springs, Arkansas,
this ordinance shall be in full force and in effect from and after its passage and
publication.
Adopted this 13th day of August, 2007.
APPROVED:
_________________________
ATTEST: Dani D. Wilson, Mayor
_____________________________
Mary
Jean Sell, City Clerk-Treasurer