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Home My WebLink About2-5 Policy packet POLICY MEETING OF THE CITY COMMISSION OF BOZEMAN, MONTANA AGENDA Thursday, February 5, 2009 A. Call to Order - Noon– 1:30 PM – City Commission Meeting Room, City Hall, 121 North Rouse B. Pledge of Allegiance and Moment of Silence C. Public Comment This is the time for individuals to comment on matters falling within the purview of the Bozeman City Commission. Please limit your comments to 1 minute. D. Round Table Discussion (Identifying potential future agenda items arising from the prior City Commission Meeting.) E. Policy Discussion 1. Demolition by Neglect Report (Kramer/Historic Preservation Advisory Board) F. FYI/Discussion G. Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, James Goehrung, at 582-3232 (TDD 582-2301). Commission Memorandum Memorandum created on February 2, 2009 REPORT TO: Honorable Mayor & City Commission FROM: Courtney Kramer, Assistant Planner and Staff Liaison to the Bozeman Historic Preservation Advisory Board (BHPAB) SUBJECT: Demolition by Neglect Ordinance MEETING DATE: Thursday, February 5, 2009 RECOMMENDATION: That the City Commission review, discuss and provide policy guidance to the Bozeman Historic Preservation Advisory Board regarding the Demolition by Neglect Ordinance the BHPAB is currently working on. BACKGROUND: Interest in creating a Demolition by Neglect Ordinance has grown since the fall of 2006, when the property owner of a residence on South Grand Avenue damaged a structure in order to let the weather cause sufficient damage to make the structure unsalvageable. The work was stopped by the Building Department and Code Enforcement Officer in September 2006. Several requests to the property owner were made to protect the interior from the outside weather, with no success. Because of the demolition/deconstruction performed, the house was open to the outdoor weather for an entire winter and spring season. The resulting damage made necessary the demolition of the building to protect public safety. This incident pointed out a gap in the City of Bozeman’s code and code enforcement tools. Demolition by neglect has been, at best, an inadvertent but sometimes intentional, means of avoiding municipal design review and building department laws. Michael Buhler, an attorney for the National Trust for Historic Preservation, noted that demolition by neglect is “a difficult issue, because it's so incremental and takes place over a long period of time. There’s no specific act that you are trying to prevent, just general neglect."1 1 Gemmet, Andrea. “All Fall Down: Demolition by neglect: By allowing a historic building to fall apart, can property owners flout preservation rules?” The Almanac. Feb. 9. 2005 The incident mentioned above heightened the awareness of the Bozeman Historic Preservation Advisory Board to issues of demolition by neglect in the community. Discussion amongst the group generally focused on protecting existing buildings which are historically significant but soon evolved into discussions about recent construction that is finished but abandoned or unmaintained by the owner. The problems with foreclosure and abandoned homes across the country is a particular point of emphasis of this problem. The board recognizes the difference in preventing deterioration of an existing structure, demolition by neglect) and ensuring completion of a project (bonding, or otherwise guaranteeing completion of new construction). In drafting the structure for an ordinance, the BHPAB identified the following objectives: http://www.almanacnews.com/morgue/2005/2005_02_09.neglect.shtml Commission Memorandum Memorandum created on February 2, 2009 1. An ordinance which preserves neighborhoods and the built environment. 2. An ordinance which protects the public’s health, safety and welfare. 3. The desire to prevent Demolition by Neglect in identified Historic Districts and the Neighborhood Conservation Overlay District. 4. An ordinance which protects neighborhood’s property values. 5. An ordinance that is proactive works with neighborhoods to preserve the character of the neighborhood. 6. An ordinance that encourages neighborhood involvement. 7. An ordinance which strives to identify properties in danger of demolition by neglect and offers a path to ensure the preservation of the property and its value. 8. An ordinance that is broad enough to uniformly apply to all property types within the City of Bozeman. 9. An ordinance that provides a procedural and enforcement process. 10. An ordinance that reflects the City of Bozeman’s intent to maintain the physical integrity of its built environment. 11. To give the City of Bozeman legal options for protecting and preserving historic resources. 12. An ordinance which shall prevent overt and intentional neglect. 13. An ordinance that keeps buildings standing and is not an opportunity for people to justify demolition. It may also be important to clarify a bit of the terminology; this ordinance intends to prevent demolition by neglect. The BHPAB’s working draft of the ordinance outlines the following (Please note that these are working items and are open to suggestion): • Exterior walls or other vertical supports; Definition of Demolition by Neglect: Demolition by neglect shall be defined as neglect in the maintenance, repair or security of a site, building or structure, causing significant decay from its original quality of construction, including but not limited to, any of the following conditions which may impact the structural and/or historical integrity of the property: The deterioration of: • The deterioration of roofs or other horizontal members; • The deterioration of exterior chimneys; • The deterioration of exterior plaster or mortar; • The ineffective weatherproofing of exterior walls, roofs and foundations, including broken windows and doors; or • The serious deterioration of any documented exterior architectural feature or significant landscape feature which in the judgment of the City produces a detrimental effect upon the character of the district. Commission Memorandum Memorandum created on February 2, 2009 Eligibility: Any form of building or structure, including but not limited to those used for commercial, residential, and institutional uses, within the City of Bozeman, which at one point was occupied or received an occupancy permit. Areas under review: Exterior features which, as a whole, comprise the structural integrity of a building. Process:  Property identification and qualification I will outline the process in detail on February 5, 2009.  Notice of violation  Options for property owners responding to notice of violation  Temporary weatherproof and secure the property before applying for any necessary zoning permits  Appropriately and properly mothballing the structure to prevent further damage  Ramifications for property owners who do not respond to the notice of violation  Secondary notice  Fines and notice of violation on the property title  Doubling of fines and a moratorium of demolition permits  Use of any funds generated through the ordinance (after City of Bozeman costs) shall go to bricks and mortar grants offered through the BHPAB UNRESOLVED ISSUES: The BHPAB identified the following policy questions for commission consideration and guidance: 1. Is the definition of demolition by neglect appropriate? 2. Does the commission accept the application of this policy to both historic and modern completed properties (as indicated by an occupancy permit)? 3. Does the commission believe fines are an appropriate method of enforcement of this ordinance? FISCAL EFFECTS: Demolition by neglect effects the City of Bozeman’s revenue as properties lose value for being in neglect or adjacent to a property in neglect. Enforcement of this title, as it is currently drafted, would fall upon the Code Enforcement Officer, the City of Bozeman’s legal staff and the City of Bozeman’s Planning Staff, and would require staff time. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please email Courtney Kramer at ckramer@bozeman.net if you have any questions prior to the public meeting. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager