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MAINTENANCE STANDARDS -- from The Preservation Law Reporter Statement of Purpose Since the problem of demolition by neglect is a serious threat to the goals of historic preservation ordinances, anti - neglect provisions clearly are rationally related to the legitimate public purpose of historic preservation and these provisions constitute a reasonable means for protecting historic structures. As the U.S. Court of Appeals for the Fifth Circuit stated in Maher v. City of New Orleans, "[o]nce it has been determined that the purpose of the ... [preservation] legislation is a proper one, upkeep of buildings appears reasonably necessary to the accomplishment of the goals of the ordinance." [1] Accordingly, minimum maintenance provisions are a valid exercises of the police power. Ordinance Defined This ordinance forbids deterioration which has a "detrimental effect upon the character of the district as a whole or the life and character of the landmark structure of property in question" and requires that repairs be made at an early stage in the deterioration process before serious structural defects occur. This provision governs defects or conditions including but not limited to: a) The deterioration of exterior walls or other vertical supports; b) The deterioration of roofs or other horizontal members; c) The deterioration of external chimneys; d) The deterioration or crumbling of exterior plasters or mortar; e) The ineffective waterproofing of exterior walls, roof and foundations, including broken windows or doors; f) The peeling of paint, rotting, holes and other forms of decay; g) The lack of maintenance of surrounding environment, e.g., fences, gates, sidewalks, steps, signs, accessory structures and landscaping; h) The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions. [2] ---------------------- [1] 516 F.2d 1051, 1066 -67 (5th Cir.), cent. denied, 426U.S. 905 (1975). As taken from The Preservation Law Reporter, 1989 Vol.8, pp.2006 -7. [2] Charlottesville, Va, Code 31 -141 (1976, as amended 1986). As taken from The Preservation Law Reporter, 1989 Vol.8, p.2003.