Sec. 518.403. - Compliance standards/permitted repairs.

(a) All new property constructed subsequent to the approval of this Chapter must comply with all provisions of this Part. (b) Existing properties cited for being in violation of this Part and Part 3 of this Chapter shall be repaired and brought into compliance in accordance with Section 518.310 or as stated hereinafter. (c) If the violation or noncompliance is due to a condition other than safety, and the property does not constitute a hazard to the community, the Chief may grant the owner or occupant a reasonable time, not to exceed 36 months from the date the violation was issued to correct the condition. The Chief may grant further extensions upon such request and reasonable justification. (d) If the violator chooses to provide temporary repairs by securing and sealing the property, he/she shall notify and obtain approval from the Chief of the temporary repairs. The Chief, when approving temporary repairs in the form of securing and sealing, shall state a reasonable time in which permanent repairs shall be made to the property. If permanent repairs are not made within the stipulated time, the Chief can cite the property for being in violation of this Part. (e) If, within any period of 12 months, alterations or repairs costing in excess of 50 percent of the physical value of the building at the time the first repairs are commenced are made to an existing building, the building shall be made to conform to the requirements of the building code for new buildings. (f) If an existing building is damaged by fire or otherwise in excess of 50 percent of the physical value of the building before the damage is repaired, it shall be made to conform to the requirements of the building code for new buildings. (g) If the cost of the alterations or repairs or the amount of the damage is more than 25 percent but not more than 50 percent of the then physical value of the building, the portions to be altered or repaired shall be made to conform to the requirements of the building code of new buildings to the extent determined by the Chief. (h) Repairs and alterations, not covered by the preceding subsections of this Section, restoring a building to its condition previous to damage or deterioration or altering it in conformity with the building code or in such manner as will not extend or increase an existing nonconformity or hazard may be made with the same kinds of materials as those of which the building is constructed. Tarpaulin or other similar temporary coverings may be used to provide temporary weatherization of a structure for a time period not to exceed 30 days, except during times of a natural disaster as declared by any local, State or federal government or during an emergency as declared by the Chief. A tarpaulin that is used after a declared natural disaster or emergency shall be allowed to remain in place for a period not to exceed six months, if such tarpaulin is maintained in good condition. The Chief may approve one six-month extension upon a showing of good cause. (i) Notwithstanding the foregoing, when a building is either individually or as part of a district, locally designated or listed on the National Register of Historic Places, a certificate of appropriateness for mothballing may be applied for pursuant to Chapter 307 , Part 3, and enforcement under this Section shall be held in abeyance until the application process for a mothballing Certificate of Appropriateness has been decided and a final order has been issued. During the effective period of the approved mothballing certificate of appropriateness, the Chief of the Municipal Code Compliance Division shall stay enforcement of Chapter 518 against the structure, except as otherwise stated herein, including where property conditions deteriorate further or warrant emergency action. (Ord. 96-458-297, § 1; Ord. 2011-408-E, § 3; Ord. 2015-693-E , § 6)