§ 85-639. Maintenance.  


Latest version.
  • A. 
    No owner, person or entity with a legal interest in a property included within a designated historic district, historic district transitional area or a designated historic landmark shall fail to maintain the landmark or property in accordance with the standards set forth at Chapter 82, Neighborhood Preservation, § 82-3, and/or Chapter 49, Property Maintenance, of the Code of the Town of Brookhaven, nor shall any such owner, person or entity permit the property to fall into a state of disrepair so as to result in the deterioration of any exterior architectural feature which would produce a detrimental effect upon the character of the designated historic district as a whole or the life and character of the designated landmark itself. Examples of such deterioration include:
    (1) 
    Deterioration of exterior walls, other vertical supports, or other structures.
    (2) 
    Deterioration of roofs or other horizontal members.
    (3) 
    Deterioration of window and door surrounds, eaves, and other architectural details.
    (4) 
    Deterioration of exterior chimneys.
    (5) 
    Deterioration or crumbling of exterior stucco or mortar.
    (6) 
    Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors.
    (7) 
    Deterioration of any feature so as to create a hazardous condition that could lead to the claim that demolition is necessary for the public safety.
    B. 
    Nothing contained in §§ 85-633 through 85-641 shall be construed to prevent the maintenance and repair of any exterior architectural feature or premises in an historic district, historic district transitional area or historic landmark, excluding a change in design, material or the outward appearance thereof.
    C. 
    In order to prevent property owners from allowing buildings and structures in historic districts or historic landmarks to deteriorate and decay through neglect so that they may ultimately have to be demolished because of unsafe or dangerous conditions, the Chief Building Inspector, after conferring with the Commissioner, may require that the defects be corrected at the earliest possible time.
    D. 
    Sections 85-633 through 85-641 shall not apply in any case where the Chief Building Inspector, after conferring with the Commissioner, orders or directs the construction, alteration, removal or demolition of any building or structure in an historic district, historic district transitional area or historic landmark for the purpose of remedying conditions determined to be unsafe or dangerous to the life, health or property of any person.