Long-Term Requirements of Owning a Local Historic Landmark Property
Sec. 28-1147. – Enforcement.
Once a historic landmark has been designated, there is a requirement that the property is maintained and cared for according to national standards for preservation. On a yearly basis, a city inspector will assess the site for compliance with the ordinances for care and the prevention of demolition by neglect. This is described largely by the external conditions of the building under Sections 28-1147 to 1149. Even if new construction or renovation is not being done, there must be a minimal level of upkeep to make sure that the structural and historical integrity is kept intact. Any violations of the standards result in a notification to rectify the issue within a certain time frame. Failure to comply then moves to possible revocation of the tax exemption granted to historic landmarks and payment of those taxes. Additionally, any current work being undertaken without a proper certificate of appropriateness can also result in a similar violation.
Sec. 28-1149. – Demolition by neglect.
(a) No owner or person with an interest in real property designated as a landmark shall permit the property to fall into a serious state of disrepair so as to result in deterioration which would, in the judgment of the historic preservation commission, produce a detrimental effect upon the life and character of the property itself.
(b) Examples of such deterioration include, but are not limited to, the following:
(1) Deterioration of exterior walls or other vertical supports;
(2) Deterioration of roofs or other horizontal members;
(3) Deterioration of exterior chimneys;
(4) Deterioration or crumbling of exterior stucco or mortar;
(5) Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors;
(6) Deterioration of exterior walls, fences, doors, windows, or other means of interior access, so as to create a danger of trespassing; or
(7) Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.
What can become most difficult in relation to this is the inability of the city ordinances to apply to any privately owned historic properties that have not been designated as official landmarks. In cases such as those where a private site has been identified as historic and has the potential to be designated, a demolition delay can be applied for and stop any major destruction for up to 90 days. The historic preservation officer and the historic landmark preservation commission then use that time to fully investigate the property and notify any possible groups that can preserve it. It may be extended another 90 days for good reason but not beyond 180 days total. After that, private ownership trumps any other actions and they are free to do whatever they would like. This can only be applied to certain levels of alteration and cannot dictate what specifically is allowed or not.
As the Certified Local Government for the City of Waco, the Historic Landmark Preservation Commission has the authority to advocate for any policies and laws set by the Department of the Interior and National Park Services Guidelines and Standards. This governmental body provides recommendations and promotes public awareness in the process.