A Soaring Eyesore

Now that the elections are over and with many candidates promising to help the downtown prosper is an ordinance that has not been properly addressed:

Sec. 348-1675. - Prevention of demolition by neglect.

(a) Applicability. The exterior features of any buildings, objects, sites, and structures (including but not limited to walls, fences, light fixtures, steps, pavement, paths or any other appurtenant feature), or any type of outdoor advertising sign located in the O11 Historic Overlay District shall be preserved against decay and deterioration and kept free from certain structural defects by the owner thereof or such other person or persons who may have legal custody and control, shall upon written request by the heritage officer repair such exterior features if they are found to be deteriorating, or if their condition is contributing to deterioration, including but not limited to any of the following defects:

(1) Deteriorated or inadequate foundation: Defective or deteriorated flooring or floor supports or flooring or floor supports or joists of insufficient size to carry imposed loads with safety;

(2) Members of walls: Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration. Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety;

(3) Members of ceilings/roofs: Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split, or buckle due to defective materials or deterioration. Members of ceilings, roofs, ceiling and roof supports or other horizontal members that are of insufficient size to carry imposed loads with safety;

(4) Fireplaces/chimneys: Fireplaces or chimneys which lean, list, bulge or settle due to defective material or deterioration. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety;

(5) Weather protection: Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors. Defective protection or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective covering. Any fault or defect in the building which renders same structurally unsafe or not properly watertight.

(6) Compliance with housing codes: In addition, the owner or other person having legal custody and control of an historic landmark or a building, object, site, or structure located in an historic district shall keep all property, including vacant property, clear of all weeds, fallen trees or limbs, debris, abandoned vehicles, and all other refuse as specified under the city's minimum housing codes and ordinances.

The rest of the ordinance may be viewed at:

http://library.municode.com/index.aspx?clientID=10297&stateID=43&statename=Texas

What has concerned me for the past ten years is the condition of the El Jardin Hotel. Since the inception of the ordinance, I have raised concern to our commission and the Director of the Downtown District that the owner of this building has been noncompliant with the ordinance but have fallen on deaf ears. The windows are broken and left uncovered and therefore, water, birds, wind, etc enters the building causing further deterioration. If the new commission is serious about helping downtown, begin by enforcing the existing city ordinance so that the owners of historic buildings are more willing to sell or fix their treasures.