2 - PP Working Group - Protection & Enforcement — original pdf

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Protection and Enforcement BRIEF #8 FOR PRESERVATION PLAN WORKING GROUP | APRIL 2022 Historic review Exterior changes to historic landmarks and districts Work that exceeds approvals Work beyond the scope of an approved permit Work without a permit Demolition by neglect Failure to maintain a resource See the Heritage in Austin brief for more information. 1 This brief explores how cities work with property owners to safeguard historic resources, as well as measures that can be taken when things go awry. Demolition by neglect Failure to maintain a resource Vacant buildings Long-term vacant and unoccupied buildings Current practices in Austin Requirements for historic buildings • Get a permit for work as required by code • Maintain historic buildings to established standards. In Austin, these are nearly the same as minimum maintenance requirements for all buildings) Penalties for violations Civil offense /Class C misdemeanor • Fines not to exceed $1,000 per day • • If a building is demolished as a public safety hazard after 2+ demolition by neglect notices, no permits will be considered on that property for 3 years from the date of demolition 2 Historic inspections Some city preservation programs conduct inspections to make sure historic buildings are being maintained, identify work to landmarks and in districts without permits, and check eligibility for preservation incentives. However, most only do complaint-based inspections due to limited staff capacity. Historic inspections conducted based on... Complaints Incentives Permitting Project stage type Periodic Unknown/ not found x x x x x x x x x x x x x x * These comparable cities have dedicated inspections and enforcement staff as part of the historic preservation team. Washington, DC does as well. Atlanta Austin Brownsville Dallas Denver Fort Worth * Galveston Nashville * New York Phoenix San Antonio San Francisco * * Seattle 3 Penalties for violations Some cities charge daily penalties for violations; others cap total penalties at a certain amount. Two comparable cities, New York and Phoenix, appear to charge fees based on whether the violation is a repeat offense or the property owner a repeat offender. $50-5k A recent survey on preservation enforcement from the Preservation Resource Center of New Orleans received responses from 34 cities. This question asked how cities set specific fines for work without historic approval. $2k $2k L A T O T - S E I T L A N E P n o i t i l o m e d d e t t i m r e p n u $600 r e h t o k r o w d e t t i m r e p n u s a l l a D Y A D R E P - S E I T L A N E P $50-500 n o t s u o H $10 ) d a e t s e m o h ( n i t s u A ) d a e t s e m o h - n o n ( n i t s u A $1k $1k $1k $1k a t n a l t A r e v n e D e l l i v h s a N e l l i v s n w o r B NOTES • • • condition Brownsville may revoke the license of the company and/or property owner for 3 years (work without a permit) or 5 years (unpermitted demolition) Austin, Brownsville, and Houston will not issue any building permits for a property where demolition by neglect or unpermitted demolition has occurred (3 years in Austin and Brownsville, 2 years in Houston) Brownsville puts fines into a City account for the benefit or rehabilitation of historic buildings • Most historic commissions can force a property owner to return their building to the pre-violation y t i C k r o Y w e N 4 Work that exceeds approvals The Development Services Department (DSD) handles work that goes beyond an approved permit. San Francisco’s Planning Department has its own enforcement division, separate from building and code enforcement staff. One team member has a historic preservation background. Historic approvals in San Antonio are valid for only 6 months. Austin’s do not expire. In Seattle, historic approval can be formally revoked in case of violations. 5 If work continues, see work without a permit chart on following page Community members or DSD field inspector reports work that exceeds approvalsBuilding inspector confirms violationDSD staff ask applicant to submit revised plans with updated scope of workNo life safety violationsCity reviews revised plans. If approved, hold on permit is released.Applicant submits revised plansPermit put into Inactive Pending Revision statusApplicant does not respondAny work that continues after the stop work order has beeen issued is subject to penalties. Appeals must occur within 3 days of receiving each notice or decision. Building Inspections Division must issue decision within 3 business days. 6 Land use commission considers appealDSD staff send a Stop Work Order Notice to the property owner and posts the notice on the propertyOwner corrects violationDSD Building Official considers appealProperty owner does not file appealProperty owner files appealProperty owner files appealOwner corrects violationCommission denies appealNo work requiredCommission grants appealLife safety violations / imminent dangerWork without a permit Austin Code handles work that is done without the required permits. Some other cities have separate processes and fines for unpermitted demolitions of historic buildings and other types of projects completed without permission. Some cities require historic approval forms to be visibly posted on the of the violation. job site. That way, community members know that a project has been reviewed and approved (or not). Austin currently does not issue a printed approval other than stamping submitted plans. Violations in Atlanta must be prosecuted within 2 years of the date When our local preservation commission finds inappropriate modifications made without historic approval, the commission can: When a property owner in a local historic district demolishes all or part of a building without historic approval, the commission can: 7 Source: Preservation enforcement survey from the Preservation Resource Center of New Orleans Code staff confirm violationCommunity members report work without a permitThe property owner has 30 days to get appropriate permissions or reverse the work. Austin Code can abate the property (e.g., cut grass, board and secure a vacant building). In Atlanta and Denver, each day’s continuance of a violation is considered a separate offense. This is theoretically true in Austin as well, but violations typically aren’t prosecuted. Code staff can issue multiple 30-day extensions for property owners to comply before penalties are pursued. The court can issue an injunction to stop work, reverse work, obtain a perrmit, and/or assess civil penalties. 8 Code staff send a Notice of Violation to the property ownerCase is closedCode staff issue a citation and:1) Files a case with the Municipal Court (criminal penalty, up to $2,000 fine) or2) Initiates an administrative hearing process (civil penalty, up to $2,000 fine)Property owner resolves the issueProperty owner does not resolve the issueLaw Dept. files case at District CourtProperty owner makes no attempt to resolve the issueDemolition by neglect Austin’s code defines demolition by neglect as “lack of maintenance of any building or structure designated as a historic landmark or contributing to a historic district that results in deterioration and threatens the preservation of the structure. “ The Historic Landmark Commission or staff may initiate an investigation In Galveston, the property owner is requested to attend a commission hearing instead of meeting with staff. within 60 days of notice within 90 days of notice Repairs must be started Staff meets with property owner if staff determines it useful to discuss progress on repairs and consider issues that may delay completion N O I T A I T I N I N O I T C A T N E M E C R O F N E 9 Initiate investigation into whether a property is being demolished by neglectStaff contacts property owner to inspect property and discuss available resourcesStaff sends notice to property owner with required repair list and timeframe to begin repairsStaff refers case to Building and Standards Commission, City Attorney, or other City departmentIf deadline in notice is not metReport includes: property condition, repairs needed for maintenance and stabilization, and time needed to complete repairs deadline set by notice Repairs must be completed Some cities make repairs to properties if deterioration threatens the properties’ long- term viability. They then place liens on the properties. Austin Code will make repairs only if the building is a public hazard or is unsecured. Dallas requires a second meeting with the property owner after a demolition by neglect case is certified. New York City treats neglect like other violations and charges fees of $1,750 to $5,000, depending on whether it is the first or second offense and whether the owner addresses the issue. When a property in a local historic district is found to be in a state of demolition by neglect, the preservation commission can: Source: Preservation enforcement survey from the Preservation Resource Center of New Orleans 10 Staff reports to CommissionNo case certified; status quo is maintainedCommission votes to certify demolition by neglect caseProperty does not meet criteriaProperty meets criteria for demolition by neglectTools These tools are currently less relevant in Austin because of the robust real estate market. If a property owner cannot maintain their building, they can usually sell it for a lucrative return. Thus, the city does not have a high number of vacant, abandoned, or hazardous properties. Receivership Receivership allows a third party to temporarily take control of and manage a building. A court can appoint a receiver when a property owner refuses to maintain their building, or when the owner cannot be identified or located. After appointment, the receiver makes necessary repairs to the building—or, if deemed appropriate, demolish it as a hazard. Costs are assessed as a lien Vacant building ordinance San Antonio created a Vacant Building Program for a pilot area (largely downtown and historic buildings) in 2015. Expanded in 2017, the program seeks to encourage property owners to put vacant and underutilized properties across the city into active use. “Vacant” is defined as when lawful activity has ceased for 30 or more days. Property owners are required to register vacant buildings annually, update a Plan of Action every 6 months, and meet minimum maintenance standards. Citizens can report vacant buildings online. A team againt the property, and the property owner must pay the court to remove the lien. Otherwise, the court ultimately can order the property to be sold to recoup the cost of the receivership. In other cases, the locality can foreclose on the property and clear title using its tax foreclosure authority. Receivership is enabled in Texas but very rarely used. of five staff members from the Office of Historic Preservation inspects registered buildings each year. Program staff help property owners to market their buildings for lease or sale. A monthly inventory of vacant buildings is published online, which can also inform potential purchasers. Annual registration fees are $250 for single-family houses and $750 for all other buildings. An annual inspection fee of $0.01 per square foot, with a $50 minimum, is also charged. A “success spotlight” from San Antonio’s Vacant Building Program. Source: Office of Historic Preservation, not dated. 11 Challenges Follow-through • Historic preservation staff inspect historic landmarks periodically, but these inspections focus on building condition. Preservation staff do not inspect projects during or after construction based on approved plans. Though Development Services Department inspectors visit projects under construction, they are typically not checking for the details covered by historic review. This means that projects can change during construction and depart from the approved plans without staff or the Historic Landmark Commission’s knowledge. • The absence of a timeframe for staff to contact the property owner can cause early delays in the Fees • Relatively low fees for violations are not an effective deterrent demolition by neglect process when the owner is unresponsive. • • The timeframe to address demolition by neglect violations is not always clear to the Commission. For demolition by neglect cases, if the property owner fails to improve the property within the specified timeframe, Historic Preservation Office staff may seek to involve the Code Department, Building and Standards Commission, and/or City Attorney for enforcement action. In past cases, it has been difficult to gain support and pursue enforcement and penalties. Image credits p. 1-2 Icons from the Noun Project: House by Danishicon, renovate by Eucalyp, house extension by gzz, derelict flat by Ed Harrison, empty house by Iconiqu, stop sign by parkjisun. Photos not owned by City of Austin: 1105 Castle Court (O’Connell Architecture), 4211 Avenue C (O’Connell Architecture), Frisco (Facebook via Austin Monitor), 1410 Northwood Road (applicant), Sneed House (Ernesto Rodriguez, Pinterest), houses from San Antonio Vacant Building Program current inventory (Google Street View). 12