What Local Historic District DOES NOT do: · Does not regulate paint colors · Does not require repairs or renovations to be made · Does not increase taxes beyond normal increases for the City or County · Does not prevent additions · Does not prevent non-contributing homes from being demolished · Does not require use of historic materials or historic building methods · Does not require that you open you home to the public · Does not restrict routine maintenance of properties
What Local Historic District DOES do: · Recognizes that Oakhurst has a distinctive historic character important to the overall character of the City of Decatur · Encourages creative and compatible development with historic areas · Requires that a Certificate of Appropriateness be obtained for exterior changes to contributing properties, demolition of buildings, and new construction. · Applies only to major renovations to the exterior of your home. Interior renovations are not restricted.

Monday, May 21, 2007

Two new questions: (1) Why have you not included City Ordinance Section 58-157 (2) Property rights restrictions

Why have you not included link to City Ordinance Section 58-157 on this blog and discussed that repairs may be required and penalties imposed if repairs not made?

The City Ordinance Section 58-157 does require that contributing homes be kept from such disrepair and neglect that they would deteriorate. The code is as follows:
Sec. 58-157. Same--Failure to provide; response by preservation commission.
Property owners of historic properties or properties within historic districts shall not allow their buildings to deteriorate by failing to provide ordinary maintenance or repair. The preservation commission shall be charged with the following responsibilities regarding deterioration by neglect:
(1) Monitoring. The preservation commission shall monitor the condition of historic properties and existing buildings in historic districts to determine if they are being allowed to deteriorate by neglect. Such conditions as broken windows, doors and openings which allow the elements and vermin to enter, the deterioration of exterior architectural features, or the deterioration of a building's structural system shall constitute failure to provide ordinary maintenance or repair.
(2) Notice to owner to remedy; time limit. If the preservation commission determines a failure to provide ordinary maintenance or repair, the preservation commission will notify the owner of the property and set forth the steps which need to be taken to remedy the situation. The owner of such property will have 30 days in which to do this.
(3) Failure by owner to remedy; penalty; abatement by commission; owner liability for costs. If the condition is not remedied in 30 days, the owner shall be punished as provided in section 58-4 and, at the direction of the city commission, the preservation commission may perform such maintenance or repair as is necessary to prevent deterioration by neglect. The owner of the property shall be liable for the cost of such maintenance and repair performed by the preservation commission.
(Ord. No. O-90-07, § 11 1/2-7(b), 6-4-90)

Why do you state that property rights will not be restricted if Oakhurst becomes LHD when they certainly will be?

I am not certain of your reference to property rights. The local historic district does not restrict the use of your property. There are design guidelines - currently being discussed by the community - that must be followed within the local historic district. It is true that the guidelines restrict some renovations to homes within the local historic district, mostly to contributing homes. The intent of the local historic district is to preserve the block face of the contributing homes in the district, so the restrictions in place encourage renovations that maintain the block face. The guidelines are available on the website http://rbgraphix.com/Oakhurst/index.html or you can request them via e-mail at preserveoakhurst@gmail.com. The guidelines are specific to the proposed local historic district.


Anonymous said...

Isn't it true that you could be fined up to $1000 per day or even go to jail for violating Section 58-157?