A reply from DIRT, a land use law listserv.

MDK
______________________
>
>From: SUSAN TALLEY <[log in to unmask]>
>Subject: Demolition by neglect -Reply
>
>In New Orleans, we have ordinances prohibiting demolition by neglect.
>The requirements are administered by various city agencies (e.g., the
>Vieux Carre Commission, which has jurisdiction over the French
>Quarter, and the Historic Districts Landmarks Commission, which has
>jurisdiction over much of our Central Business District).  Those
>agencies could furnish you with their standards.  The VCC's number is
>504/528-3950; the HDLC's number is 504/565-7440.

The ordinances are>frequently used by these regulators.  Understandably, many
>substandard buildings are located within these districts, which
>sometimes have absentee owners.  The requirements have provoked
>considerable controversy and some litigation (in the most noted of
>which, a foreclosing lender was finally allowed after a number of
>years to structure a sale of what was basically an unsafe flophouse
>to a developer that then was allowed to demolish it and rebuild a new
>hotel building with a facade resembling the old historic one).

Given>our history, its importance to our tourism industry, the active role
>of preservationists in our community and the bad press one can
>attract, most developers and owners try to work within the confines
>of the ordinances and reach compromises with the relevant regulators.
> As a result, there is little jurisprudence or public interpretation.
>
>Now, I cannot resist putting in a plug for Probate & Property
>magazine.  The Nov./Dec. 98 issue will have land use as its real
>property theme.  If anyone would be interested in writing an article
>on this topic, please call or e-mail me privately.  The deadline for
>article submission is 5/15/98.
>
>Thanks.
>
>Susan Talley
>504/593-0828
>[log in to unmask]
>
>
>
>>>Date: Fri, 13 Feb 1998 10:19:50 -0500 (EST)
>>From: [log in to unmask]
>>
>>
>>Here is an inquiry I am forwarding from a historic preservation
>commission
>>Chair (in GA, I think).  Defining the criteria for degree of
>deterioration
>>that would rise to a violation of "preventive maintenance" or
>"demolition by
>>neglect" provisions is not an uncommon problem for HP commissions.
>Can anyone>provide some information or experience in various states?
>>
>>Mary Krugman
>>__________________________
>>Mary Delaney Krugman Associates, Inc.
>>Historic Preservation Consultants
>>62 Myrtle Avenue
>>Montclair, NJ 07042-2130
>>973-509-2153 (voice)
>>973-744-7567 (fax)
>>
>>FWD:  Demolition by Neglect
>>
>>>Has anyone successfully pursued a house not maintained within a
>>>historic (zoning) district?  >>
>>>We have a house with rotted fascia boards, falling off shutters,
>and a
>>>rotting front porch (Federal-style, with posts on top, now sitting
>at crazy
>>>angles...)
>>>
>>>I want to be sure that this falls within the generally accepted
>definition of
>>>'demolition by neglect' before pursing legal action.
>>>
>Editor's Comment:
>
>This is a first for me.  I've never heard the term "demolition by
>neglect."
>But as I'm a westcoaster transplanted to the midwest, undoubtedly
>I've had less exposure to the jargon of historical preservationists
>than our friends in Colonial era areas.  Is this a commonly used
>concept?  In what context?
>And, of course, for our interlocutor - does it have a "generally
>accepted definition?"
>
>Pat
>