Chapter 11.138
PREVENTING NEGLECT OF HISTORIC PROPERTIES
Sections:
Article I. Maintenance of Historic Properties
11.138.010 Intent and purpose.
11.138.020 Neglect of historic properties is a public nuisance.
11.138.030 Scope and applicability.
11.138.050 Neglected historic properties.
11.138.060 Penalties and enforcement.
Article II. Downtown Historic District and Historic Preservation Overlay Design Guidelines
11.138.080 Ritzville Downtown Historic District and Historic Preservation Overlay Design Guidelines.
Article I. Maintenance of Historic Properties
11.138.010 Intent and purpose.
A. The city of Ritzville finds that the protection, enhancement, perpetuation, and continued use of historically significant properties located within the city are important in the interests of the prosperity, civic pride, and the ecological and general welfare of its citizens. The city further finds that the economic, cultural, and visual standing of the city cannot be maintained or enhanced by disregarding the heritage of the city or by allowing the destruction, defacement, and neglect of iconic historic and cultural assets; and that the neglect and deterioration of such assets is harmful to the entire community.
B. It is the policy of the city to encourage the maintenance, protection, use and enhancement of iconic historic and cultural assets, and to engage with responsible property owners to ensure such protection and enhancement through ongoing collaboration, and through various incentives, programs and technical assistance, where appropriate.
C. In certain cases where an owner fails to properly maintain a historic resource, the public interest in historic resources requires the city to take specific measures to ensure the continued protection of the resource. It is therefore the intent of the city council to protect the general welfare by establishing efficient administrative procedures to prevent the owner’s failure to maintain a historically designated property such that it deteriorates to the extent that the only option to abate the health and safety risks caused by such deterioration is demolition, commonly known as “demolition by neglect.” (Ord. 2109 § 1 (Exh. A), 2017).
11.138.020 Neglect of historic properties is a public nuisance.
Neglect of a historic property as defined by this chapter is a detriment to the health, safety, and welfare of the public, and is therefore declared to be a public nuisance. (Ord. 2109 § 1 (Exh. A), 2017).
11.138.030 Scope and applicability.
The provisions of this chapter apply to the following types of properties:
A. Properties individually listed on the Ritzville historic district and the National Register of Historic Places.
B. Contributing properties, excluding residential structures containing four or less units, within the Ritzville historic district and National Register of Historic Places. (Ord. 2109 § 1 (Exh. A), 2017).
11.138.040 Definitions.
Where terms, phrases, and words are not defined herein, their definition shall be understood according to the common meaning in use in city, as interpreted by the city clerk.
“Contributing property” means a property within a historic district listed on the Ritzville historic district or National Register of Historic Places, which is included in the district building inventory as “contributing” as adopted by the planning/historic commission or by the National Park Service.
“Historic district” means an overlay zone with a concentration of historic resources that has been found to meet the criteria for designation as a historic overlay district under the provisions of Chapter 11.70 RCC and has been so designated by the city council, or a district which has been added to the National Register of Historic Places by the National Park Service.
“Historic property” means any building or structure that is listed on either the Ritzville historic district or the National Register of Historic Places, or is a contributing property within a historic overlay zone or a National Register Historic District.
“Neglected historic property” means a historic property which has been found to exhibit one or more of the conditions listed in this chapter.
“Owner” means any person, including any natural person, joint venture, partnership, association, club, company, corporation, business trust, government entity, or organization, or the manager, lessee, agent, officer, or employee of any of them, having any interest in the real estate in question as indicated in the records of the office of the Adams County assessor, or who establishes, under this chapter, his or her ownership interest therein. (Ord. 2109 § 1 (Exh. A), 2017).
11.138.050 Neglected historic properties.
A. The following deteriorated conditions are evidence that a historically designated property is a “neglected historic property” in violation of this chapter, including but not limited to:
1. Unstable or insecure architectural elements such as veneers, cornices, belt courses, corbels, trim, wall facing and similar decorative elements or parts that may fall and cause injury to persons or property.
2. Deteriorated, cracking, failing or otherwise inadequate foundation or one that is unable to support loads.
3. Deteriorated or defective flooring or floor supports that cause leaning, sagging, splitting, listing, buckling, or are otherwise insufficient to carry imposed loads.
4. Deteriorated or defective walls, partitions or supports that cause leaning, sagging, splitting, listing, buckling, or are otherwise insufficient to carry imposed loads.
5. Ceilings, roofs, ceiling or roof supports, or other horizontal members which sag, split, or buckle due to defect or deterioration or are insufficient to support the imposed loads.
6. Deteriorated or defective chimneys, smokestacks or fireplaces or other appurtenances that cause leaning, sagging, splitting, listing, buckling, or are of insufficient size or strength to carry the imposed loads.
7. Deteriorated, crumbling, or loose exterior stucco, plaster, or mortar, or loose or unstable masonry.
8. Broken, missing, or rotted roofing materials or roof components, window glass, sashes, or frames, or exterior doors or door frames.
9. Any fault, defect, or condition in the structure which renders it structurally unsafe or unstable.
10. Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint (for surfaces that are designed to be painted) or other protective covering or holes in weather protection.
11. Other visible signs of exterior deterioration that has a detrimental effect upon the character of the building.
12. Deterioration or improper anchorage of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling.
13. Rotting, holes, and other forms of decay, including vegetation growing from or on structures.
14. Other deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health, or other property.
15. Open or unsecured vacant building that is accessible to trespass or evidence of unlawful human occupation.
16. Other conditions causing deterioration of “character defining features” on the historic property, such as veneers, cornices, belt courses, corbels, trim, wall facing and similar decorative elements or parts, which may cause the building to lose its historic significance.
B. Building elements, configurations or construction techniques present in historic buildings that are consistent with the applicable building codes at the time of construction do not constitute neglect as defined by this chapter.
C. Normal signs of age commonly present in historic buildings, such as fading and crazing of surface finishes, do not constitute neglect as defined by this chapter. (Ord. 2109 § 1 (Exh. A), 2017).
11.138.060 Penalties and enforcement.
When the city determines that a neglected historic property exists within the city, it may:
A. Begin enforcement action pursuant to procedures outlined in Chapter 3.36 RCC, including, but not limited to, issuing a notice of violation and abatement, or entering and repairing or correcting any conditions that threaten the integrity of the building, including failing weather protection, structural instability, failing masonry, or architectural elements in danger of falling off, and in accordance with the requirements for design review per RCC 11.138.080, Ritzville Downtown Historic District and Historic Preservation Overlay Design Guidelines. Such repair should be limited to that which is minimally necessary in order to stabilize a historic structure or to prevent further significant deterioration, and may be considered temporary in nature.
B. A person to whom a notice of violation and abatement or civil penalty has been issued, or any other person with a legal or equitable interest in the property, may request an appeal hearing pursuant to Chapter 11.255 RCC. If any historic property covered by this chapter shall have to be demolished as an unfit building and the owner thereof shall have received two or more notices from the city that the property is a “neglected historic property” in violation of this and other city ordinances, the following shall apply:
1. For a period of five years from and after the date of such demolition, development of the site shall be limited to a replacement structure that reproduces the size, square footage and visual, aesthetic, architectural, and material character of the demolished building, and must be approved by the planning/historic commission, prior to the issuance of any development permits. Additionally, no permits for the operation of surface parking lot shall be granted by the city during this period, nor shall a parking lot for vehicles be operated, whether for remuneration or not, on the site for a period of five years from and after the date of such demolition.
2. This provision shall not apply to demolitions attributable to an act of God or other catastrophic occurrence that could not have been prevented by the exercise of foresight or caution.
3. This provision may be lifted by the building official in consultation with the planning/historic commission if it can be demonstrated that there is a viable development project on the site that represents a substantial benefit to the public.
C. For historic properties that may be considered unfit according to Chapter 35.80 RCW, the city may initiate the unfit building procedures pursuant to this chapter or the city may initiate eminent domain procedures in accordance with Chapter 35.80 RCW. (Ord. 2109 § 1 (Exh. A), 2017).
11.138.070 Emergencies.
If a historic property is damaged and the building official determines that the historic property will suffer additional damage without immediate repair, the building official or his/her designee may act on behalf of the planning/historic commission to authorize the property owner, or applicant on behalf of the property owner, to temporarily protect the historic property pursuant to this code. (Ord. 2109 § 1 (Exh. A), 2017).
Article II. Downtown Historic District and Historic Preservation Overlay Design Guidelines
11.138.080 Ritzville Downtown Historic District and Historic Preservation Overlay Design Guidelines.
The Ritzville Downtown Historic District and Historic Preservation Overlay Design Guidelines attached to the ordinance codified in this section as Exhibit A are hereby adopted by the city of Ritzville. (Ord. 2043 § 1, 2010).