[MassHistPres] Demolition by Neglect Examples
Dennis De Witt
djdewitt at rcn.com
Thu Aug 23 17:41:44 EDT 2007
Chris et al
Brookline's revised Demo Delay law, which is posted as part of the
town's bylaws, now incorporates the following definition of Demolition
& of Demo by neglect
h. "Demolition" – (a) the act of pulling down, destroying, removing
or razing a Building or a significant portion thereof, by removing one
side of the building, or removing the roof, or removing 25% of the
structure; (ii) moving a Building from its site with no permitted new
location for said Building; (iii) in the case of a Building within
Section 5.3.5(b), substantially gutting (as defined by the
Preservation Commission per section 5.3.14) an interior space that has
generally been open to the public and is integral to the historic
character of the building; (iv) in the case of a building within
Section 5.3.5(b), the systematic removal, effacement, or destruction
of the exterior architectural elements which define or contribute to
the historic character of the Building, or (v) commencing any of the
foregoing work. "Demolition" as used herein shall be deemed to include
Demolition by Neglect.
i. “Demolition by Neglect” - a process of ongoing damage to the
fabric, viability and/or functionability of a building leading towards
and/or causing its eventual demolition due to decay and/or structural
failure and/or severe degradation over a period of time as a result of
a general lack of maintenance, and/or failure to secure the building
from pests or vandals, and/or failure to take reasonable measures to
prevent the ingress of water, snow and wind through the roof, walls, or
apertures.
Note the last sentence of the definition of demolition references demo
by neglect.
This hasn't been tested in operation but advice we were given when the
bylaw was being drafted was to further develop the implementation
process within a set of publicly voted and published Rules &
Regulations rather than in the bylaw itself. Furthermore the bylaw
itself actually calls for such R&Rs with respect to the definition of
interior gutting. Draft R&Rs are being reviewed.
Dennis De Witt
Brookline
On Aug 23, 2007, at 1:11 PM, Chris Skelly wrote:
> Since many of you are requesting copies, I’ll post all three here.
> Chris.
>
>
>
> LOWELL
>
> COMMONWEALTH OF MASSACHUSETTS
>
> In City Council
>
> CITY OF LOWELL
>
> ORDINANCE
>
> An Ordinance Amending the "Code of Ordinances City of Lowell,
> Massachusetts' as amended, Chapter 10 thereof entitled 'Health and
> Sanitation," by adding a new section entitled "Minimum Exterior
> Standards for Structures."
>
> WHEREAS, the property values and general welfare of the community are
> founded, in part, upon the appearance and maintenance of private
> properties; and
>
> WHEREAS, it is determined exterior conditions of certain buildings and
> structures have from place to place throughout the City, fallen below
> the standards of minimum maintenance, as defined herein; and
>
> WHEREAS, it is determined there is a need for the creation of certain
> standards of minimum maintenance as to the exterior of buildings and
> structures within the City of Lowell; and
>
> WHEREAS, it is determined the existence of such conditions, as
> described
> in this article as "substandard conditions," are injurious to the
> public
> health, safety, and welfare of the residents of the City; and
> contribute
> substantially to the deterioration of the neighborhoods, and their
> property value; and
>
> WHEREAS, it is determined corrective measures in the form of minimum
> maintenance standards are required to alleviate such existing
> substandard conditions, which would lead to the depreciation of the
> social and economic standards of the community; and
>
> WHEREAS, it is determined the abatement of such substandard conditions
> will improve the general welfare and image of the City; and
>
> WHEREAS, it is determined the establishment of certain standards of
> minimum maintenance, as described in this Ordinance, reasonably relates
> to the proper exercise of the City's police power, as set forth in
> Massachusetts General Laws, Chapter 111, to protect the health, safety,
> and general welfare of the public. Now, therefore; be it ordained by
> the
> City Council of the City of Lowell, as follows:
>
> "The Code of Ordinances City of Lowell, Massachusetts" hereinafter
> called the "Code," adopted by the City Council on April 26, 1988, as
> subsequently amended, hereinafter called the Lowell City Code, is
> hereby
> further amended with respect to Chapter 10 thereof entitled "Health and
> Sanitation," by adding at the end of Article II thereof, new sections
> 10-47 through 10-62 as follows:
>
> SECTION 10-47: PURPOSE AND SCOPE
>
> Purpose - the purpose of this Ordinance is to promote the public
> health,
> safety, morals and welfare of the citizens of the City of Lowell by
> protecting and preserving the neighborhoods of the City against
> hazardous, blighting, and deteriorating influences or other such
> substandard conditions by establishing standards of minimum maintenance
> for the exterior of all buildings and structures.
>
> Scope - the Ordinance shall apply to the exterior maintenance of all
> buildings and structures within the City of Lowell, except where such
> buildings and structures are otherwise specifically provided for by
> other applicable City rules and regulations. The provisions of this
> Ordinance shall control all matter of exterior standards for buildings
> and structures. whether vacant or occupied, and all parts thereof.
>
> SECTION 10-48: DEFINITIONS
>
> Building - A structure enclosed with exterior walls or firewalls,
> built,
> erected and framed of any materials or any combination thereof, whether
> portable or fixed, having a roof, to form a structure for the shelter
> of
> persons, animals, or property. For the purpose of this definition, roof
> shall include an awning or similar covering, whether or not permanent
> in
> nature. The word "building" shall be construed where the context
> requires as though followed by the words "or part or parts thereof."
>
>
> Owner - As used in this Ordinance, shall mean every person, alone or
> severally with others, who:
>
> 1) has legal title to any building or parcel of land, vacant or
> otherwise; or
>
> 2) has care, charge or control of any building, or parcel of land,
> vacant or otherwise, in any capacity including but not limited to
> agent,
> executor, executrix, administrator, administratrix, trustee or guardian
> of the estate of the holder of legal title; or
>
> 3) is a mortgagee in possession of any such property; or
>
> 4) is an agent, trustee or other person appointed by the courts and
> vested with possession or control of any such property.
>
> SECTION 10-49; MINIMUM STANDARDS FOR EXTERIOR MAINTENANCE OF
> BUILDINGS OR STRUCTURES.
>
> The exterior of all buildings and structures within the City of Lowell
> shall comply with the following standards of minimum maintenance:
>
> (a) Foundations.
>
> All foundations shall be free of holes and breaks and shall safely
> support the structure at all points. All foundation walls shall be kept
> in good, safe, sound condition and free of holes, cracks and breaks.
>
> (b) Exterior Walls.
>
> All exterior walls and trim shall be free of holes, breaks, loose or
> rotting boards or timbers, or paint that is deteriorated, as indicated
> by peeling, flaking, cracked, blistering or mildew, resulting in
> exposed, bare, unprotected surfaces and other conditions which might
> admit rain or dampness to interior portions of the walls or to the
> occupied spaces of the building. The exterior surface siding shall be
> maintained weatherproof and shall be surface coated to prevent
> deterioration. All exterior walls and trim shall be kept painted,
> treated, sided or otherwise maintained to as to be substantially
> weatherproof and neat in appearance.
>
> (c) Roofs.
>
> The roof shall be structurally sound, weather tight and have no defects
> which might admit rain water. Water from roofs shall be conveyed so as
> to prevent wet floors, walls, ceilings or a nuisance to adjacent
> buildings or overflowing on abutting properties.
>
> (d) Chimneys, Flues, Clean-out and Vents.
>
> All Chimneys and similar appurtenances or attachments shall be
> maintained structurally sound, in good repair and safe to use.
>
> (e) Porches, Stairs and Handrails.
>
> Every exterior stair, porch, balcony and all appurtenances attached
> thereto shall be structurally sound and no part thereof shall show
> excessive wear, or be broken, cracked, or loose. Carpeting or other
> covering on stairs and porches shall be maintained in a safe condition.
> Guardrails shall be firmly fastened and maintained in good condition
> and
> new or replacement guardrails shall comply with the provisions of the
> Building Code.
>
> (f) Doors and Doorways.
>
> Every exterior doorframe shall have a door and this door shall be
> weathertight within its frame. Every exterior door, door hinge, door
> knob and door latch shall be maintained in good usable condition: Door
> locks in dwelling units shall be in good repair and capable of tightly
> securing the door. All entrance doors of each dwelling unit shall be
> equipped with functioning locking devices.
>
> (g) Hatchways.
>
> Every hatchway, bulkhead and exitway shall be so constructed and
> maintained as to prevent the entrance of rodents, rain and surface
> drainage water into the structure.
>
> (h) Windows.
>
> Every window sash and skylight shall be structurally sound and fit
> within its frame and be weathertight, so as to prevent the passage
> through it of rain, snow, wind or other outside elements. Every window
> sash shall be fully fitted with glass, plexiglass or polycarbonate
> panes
> which are without cracks or holes. Every window other than a fixed
> window shall be capable of being held in the open position and locked
> in
> the closed position by window hardware.
>
> (i) Screens and Storm Windows.
>
> Every window with openings to outdoor space required for ventilation in
> habitable rooms shall be supplied with insect screens and storm windows
> which shall be maintained in good repair. This sub-section shall not
> apply to owner-occupied dwelling units.
>
> (j) Fences.
>
> All fences on the premises shall be safe, structurally sound and
> uniform
> or compatible in color and structure. Fences shall be maintained so
> that
> they do not constitute a hazard, blight or condition of disrepair.
> Examples of hazards, blight or conditions of disrepair are inclusive
> of,
> but not limited to, leaning fences, fences that are missing slats or
> blocks, graffiti, peeling paint, deterioration of paint or materials.
> rotting or damaged.
>
> SECTION 10-50: PENALTIES.
>
> Any person/owner who violates any provision of this Ordinance shall be
> subject to a fine of One Hundred ($100.00) Dollars for each offense and
> may be penalized by a noncriminal disposition as provided for under
> Section 1-15 and 1-16 of the Code and Mass. General Laws, Chapter 40,
> section 21D. Each day's failure to comply with an order shall
> constitute
> a separate violation.
>
> SECTION 10-51: SEVERABILITY
>
> It is hereby declared to be the intention of the City Council that the
> sections, paragraphs, sentences, clauses and phrases of this Code are
> severable, and if any phrase, clause, sentence, paragraph or section of
> this Code shall be declared unconstitutional or otherwise invalid by
> the
> valid judgment or decree of any court of competent jurisdiction, such
> unconstitutionality or invalidity shall not affect any of the remaining
> phrase, clauses, sentences, paragraphs and sections of this Code.
>
> SECTION 10-52: OTHER RELEVANT SECTIONS
>
> The provisions of this Ordinance shall not apply to properties located
> within the boundaries of the Downtown Lowell Historic District. Said
> properties are already subject to existing minimum maintenance
> standards
> as set forth in the review standards of the Lowell Historic
>
> Board, pursuant to the Acts of 1983, Chapter 566. Nothing herein shall
> prevent the City of Lowell from enforcing other applicable sections of
> the Code, or other applicable sections of
>
> Massachusetts General Laws, including, but not limited to,
> Massachusetts
> general Laws, Chapter 111 (abatement of a nuisance by the City) and
> Chapter 139 (recovery of abatement costs). All provisions of the Code
> of
> the City of Lowell, as amended, which are consistent with this
> Ordinance
> shall continue in effect, but all provisions of said Code inconsistent
> herewith are repealed.
>
>
>
> This Ordinance shall take effect upon its passage in accordance with
> the
> provisions of Chapter 43 of Massachusetts General Laws.
>
>
>
> March 26, 1997
>
>
>
> NANTUCKET
>
> ARTICLE 55
>
> (Bylaw Amendment: Signs, Satellite Dishes, Rooflines)
>
> To see if the Town will vote to amend Chapter 124 (Signs, Satellite
> Dishes, Rooflines), Article IV (Certificates of Appropriateness, etc),
> of the Code of the Town of Nantucket by adding a new §124-13 as
> follows:
>
>
>
> §124-13. Minimum Maintenance of Buildings and Structures to which St.
> 1970, c. 395 apply.
>
>
>
> A. Owners of certain “Contributing Buildings and Structures” in
> the Nantucket Historic District shall provide sufficient minimum
> maintenance as defined herein in section B below, to the minimum extent
> necessary to keep such buildings from falling into a state of poor
> repair as may be identified hereinafter by the Nantucket Historic
> District by rules and regulations after hearing as “Contributing
> Buildings and Structures” to the historic authenticity of the Nantucket
> Historic District. This provision shall only apply to the exterior
> architectural features of such “Contributing Buildings and Structures”,
> as defined in St. 1970, c. 395, § 2A, as amended, and also to the
> interior portions of buildings and structures which, if not adequately
> maintained, would cause the exterior architectural features to
> deteriorate or become damaged.
>
>
>
> B. In carrying out the responsibilities set forth in §124-13A
> above, Owners shall therefore be responsible for taking at least the
> minimum steps necessary to prevent the deterioration of the following
> items, which would, if allowed to deteriorate, cause a detrimental
> effect upon the character of the Historic District as to such
> “Contributing Buildings and Structures” as follows:
>
>
>
> Foundations, exterior walls or other vertical supports (exterior or
>
> interior);
>
>
>
> Roofs or other horizontal members (including joists, beams, etc.);
>
>
>
> Chimneys or chimney support systems;
>
>
>
> Walls, doors and windows
>
>
>
> C. In cases where deterioration has already progressed to an
> advanced stage, and where immediate removal is requested by the Owner,
> the standard for razing in St. 1970, c. 395, § 6 shall apply.
>
>
>
> D. The Nantucket Historic District Commission upon application
> and after hearing, may grant a waiver from the requirements of this
> bylaw upon a showing of impossibility, or financial hardship, or the
> occurrence of events beyond the owner's control, or such other exigent
> circumstances as the Commission may determine.
>
>
>
> E. Any person violating this bylaw shall be subject to a fine
> or
> penalty up to the amount of $300, with each day to be considered as a
> separate violation. The enforcing person for purposes of Nantucket Code
> §1-2 shall be the administrator of the Historic District Commission or
> his/her designee.
>
>
>
> (Board of Selectmen for Historic District Commission)
>
>
>
>
>
> NEWTON
>
>
>
> CITY OF NEWTON IN BOARD OF ALDERMEN
>
> December 19, 2005
>
> ORDINANCE NO. X-179
>
>
>
> BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF NEWTON AS
> FOLLOWS:
>
>
>
> Amend the Landmark Preservation ordinance, Sec. 22-90 et seq. by adding
> the following new subsection 22-110:
>
>
>
> Demolition by Neglect.
>
>
>
> (a)Purpose and Intent
>
> It is the intent of this section to preserve from deliberate or
> inadvertent neglect the exterior features of landmarked buildings and
> structures, or the interior portions thereof when such maintenance is
> necessary to prevent deterioration and decay of the exterior of the
> building or structure.
>
>
>
> (b) Definition
>
>
>
> "Demolition by neglect" shall mean neglect in maintaining, repairing,
> or
> securing a landmark that results in (i) loss of the character of a
> documented exterior architectural feature of the building or structure
> that contributes to its status as a landmark; (ii) deterioration of an
> exterior feature of the building or structure; or (iii) the loss of the
> structural integrity of the building or structure.
>
>
>
> (c) Owner’s Obligations
>
>
>
> The owner of a landmark shall preserve such landmark against decay and
> deterioration through prompt correction of any of the following
> defects:
>
>
>
> (1) "Deteriorated or inadequate foundation, defective or deteriorated
> flooring or floor supports, deteriorated walls or other vertical
> structural supports;
>
> (2) Structural components of ceilings, roofs, floors, ceiling, roof and
> floor supports or other horizontal structural components which sag,
> split or buckle due to defective material or deterioration;
>
> (3) Deteriorated or ineffective waterproofing or weatherproofing of
> exterior walls, roofs, foundations, or floors, including broken or
> missing windows or doors, siding, trim, shingles or cladding, or
> windows
> left open when weather conditions do not warrant it;
>
> (4) Defective or insufficient weather protection for exterior wall
> covering, including lack of paint or weathering due to lack of paint or
> other protective covering;
>
> (5) Any fault or defect in the building which renders it structurally
> unsafe, whether interior or exterior;
>
> (6) Deterioration of exterior chimney or chimney support system;
>
> (7) Deterioration of external plaster, stucco, masonry or mortar;
>
> (8)Deterioration of rainwater drainage systems whether interior or
> exterior;
>
> (9)Deterioration of any documented exterior architectural feature which
> in the judgment of the commission produces a detrimental effect upon
> the
> character of the building;
>
> (10)Failure to adequately heat the premises to avoid freezing of
> heating
> and/or plumbing fixtures, or failure to properly drain heating and/or
> plumbing systems before the advent of freezing temperatures;
>
> (11)Failure to adhere to any preservation plan or guideline regarding
> maintenance provided by the commission pursuant to section 22-94(a); or
>
> (12) Deterioration of any other elements which, if not adequately
> maintained, would eventually cause the building or structure to crack,
> bulge, buckle, sag, rot, crumble or collapse, in whole or in part.
>
>
>
> (d)Any owner who fails to maintain such building or structure in
> compliance with this section shall be subject to the remedial
> procedures
> of section (e)(1) as well as the penalties under section 22-101.
>
>
>
> (e) (1) Upon receipt of a complaint that an historic landmark is
> threatened by demolition by neglect, or on the commission’s own
> initiative, the commission shall request the commissioner of
> inspectional services or his designee to inspect such landmark. If
> the
> commissioner of inspectional services concludes that the landmark is
> threatened by demolition by neglect, he shall make a written report of
> his findings to the commission.
>
>
>
> (2) Upon the receipt of such written finding of the commissioner of
> inspectional services, the commission shall hold a public hearing after
> giving such notice as provided under section 22-93(d). If the
> Commission
> finds that the landmark is threatened by demolition by neglect, and the
> owner has not requested and received a hardship exemption under section
> (f) herein, the Commission may vote to:
>
>
>
> (i)require the owner to repair all conditions contributing to
> demolition
> by neglect by a date certain;
>
> (ii)secure the building or structure against further deterioration or
> other loss;
>
> (iii)provide the owner with a preservation plan and maintenance
> guidelines as authorized under Sec. 22-94, and require the owner to
> undertake such plan according to a timeline set by the commission;
>
> (iv)assess penalties as set forth in section 22-101; and
>
> (v)seek such injunctive relief as it deems necessary and appropriate to
> preserve such landmark in cases where there is imminent danger of the
> loss of a landmark.
>
>
>
> These remedies shall be cumulative and not exclusive.
>
>
>
> (3)For purposes of this ordinance, if a landmark threatened by
> demolition by neglect is located within a local historic district, then
> reference to commission hereunder shall refer to the local historic
> district commission of the local historic district in which such
> landmark is located.
>
>
>
> (f)Building Permits
>
>
>
> The commission shall notify the commissioner of inspectional services
> or
> building official in writing of any landmark found to be threatened by
> demolition by neglect, and shall instruct said commissioner or building
> official to make a permanent record of such determination in the
> corresponding property file maintained in the department of
> inspectional
> services as required by law. Prior to the issuance of any building
> permit for the construction, reconstruction, alteration, renovation,
> repair, removal, demolition, or change of use or occupancy of any
> landmark, said commissioner or building official shall review the
> property file and ascertain whether a notice of unremediated violation
> of this ordinance is on record. To the extent allowed by law,
> including
> but not limited to the provisions of the state building code, 780 CMR
> 111.1 (6th ed.) or its successor, unless the commissioner or building
> official is satisfied there is no outstanding unremediated violation of
> this ordinance, he or she shall reject such application for a building
> permit for such landmark in writing, stating the reasons therefor;
> provided, however, that he or she shall not reject such application if
> the work intended to be performed is required by the commission to
> remediate such violation.
>
>
>
> (g)Exemptions
>
>
>
> (1) The owner may request exemption from this ordinance if the owner
> can prove to the commission that maintenance of the landmark will cause
> substantial hardship according to the standards set forth in Section
> 22-40(f)(10); provided, however, that the owner’s self-created hardship
> shall not qualify as a basis for a hardship exemption.
>
>
>
> (2)In situations where, in the commission’s view, it is impracticable
> to
> immediately repair an architectural feature, or prohibitively expensive
> to replace it, then the owner shall remove and store such architectural
> feature safely, until such time as it becomes financially possible to
> recreate the feature from the original pieces. The owner shall make
> temporary repairs in its place to protect the structure and/or provide
> for the safe use of the landmarked premises.
>
> Christopher C. Skelly
> Director of Local Government Programs
> Massachusetts Historical Commission
>
>
>
>
>
>
> ----- Original Message -----
>
> From: Chris <mailto:Skelly-MHC at comcast.net> Skelly
>
> To: masshistpres at cs.umb.edu
>
> Cc: knewhall at beverlyma.gov
>
> Sent: Thursday, August 23, 2007 11:47 AM
>
> Subject: RE: [MassHistPres] Demolition by Neglect Examples
>
>
>
> I have copies of the demolition by neglect bylaw/ordinances from
> Lowell,
> Nantucket and Newton. I don't think there are any others in MA yet.
> If
> you don't have them already, I can get them to you. Chris.
>
> Christopher C. Skelly
> Director of Local Government Programs
> Massachusetts Historical Commission
>
> -----Original Message-----
> From: masshistpres-bounces at cs.umb.edu
> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Kate Newhall
> Sent: Wednesday, August 22, 2007 12:16 PM
> To: masshistpres at cs.umb.edu
> Subject: [MassHistPres] Demolition by Neglect Examples
>
> Hello,
>
> I would greatly appreciate examples of Demolition by Neglect
> by-laws/ordinances that have been already incorporated into town/city
> regulations or are in draft form.
>
> Thank you for your help,
>
> Kate Newhall
> Associate Planner
> City of Beverly
> (p) 978-921-6000 x2346
> (f) 978-921-6187
>
>
>
> www.beverlyma.gov
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Best regards,
Dennis J. De Witt
djdewitt at rcn.com
617-620-9776
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