Fiscal Note
The proposed resolution amends the enforcement provisions and adds public hearing procedures to the Historic Preservation Ordinance. Monetary penalties remain unchanged. No City appropriation is required.
Title
2nd SUBSTITUTE Amending Section 41.14 of the Madison General Ordinances to prohibit property owners in historic districts from engaging in behavior that contributes to the exterior decay of a neighboring historic resource.
Body
DRAFTER'S ANALYSIS: The Historic Preservation Ordinance requires owners of historic resources to maintain them. Failure to do so leads to prosecution for violations and, possibly, to a finding of demolition by neglect. In some cases, such as when a zero lot line is involved, the ability to maintain one’s property is dependent on the cooperation of the neighboring property owner. If, for example, a neighbor refuses to allow access for maintenance purposes, the property owner attempting to maintain their property cannot do so.
This ordinance amends Sec. 41.14 to do two things. First, it creates Sec. 41.14(1)(d), which places an obligation on all owners of property in historic districts to refrain from engaging in behavior that causes or may cause exterior decay or deterioration of a neighboring property. Engaging in such behavior could result in a notice of violation from the Building Inspector. Second, this amendment creates Sec. 41.14(3), which adds a process for property owners who have a duty to maintain their property to request that the Landmarks Commission acknowledge, through a public hearing, that they have made efforts to maintain their property but have been prevented from doing so by a neighbor. Such a finding by the Landmarks Commission can be used to defend a notice of violation or charge of demolition by neglect related to that specific maintenance issue.
This substitute was necessary to add sub. (e), which more clearly provides a requirement to refrain from unreasonably preventing the owner of...
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