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within the confines of the Chapin Park Local Historic District. Temple Beth -El currently owns, through a trust, a lot in the west
<br />half of this block and may acquire in the future other lots in the west half of this block for the purposes of additional buildings,
<br />grounds or parking for expansion of its campus. Temple Beth -El and its trusts shall maintain any structures or property in the
<br />west half of aforesaid blocks consistent with these guidelines unless and until Temple Beth -EI decides to demolish any structures
<br />or buildings. In the event that Temple Beth -El wishes to use such land in the west half of the block for Temple purposes, it shall
<br />notify the Historic Preservation Commission and seek a Certificate of Appropriateness for the removal of any buildings or
<br />structures in the designated area. Such Certificates of Appropriateness will not be denied nor unreasonably delayed if Temple
<br />Beth -El follows the demolition or removal procedures set forth in this paragraph. Upon grant of said Certificate of
<br />Appropriateness by Historic Preservation Commission, Temple Beth -El may demolish or provide for removal of said buildings.
<br />Temple Beth -El may demolish the structure(s) and clear the land, provided that first the structures, be offered for sale and
<br />relocation, and publicly advertised at a price of One Dollar ($1.00) with the relocation expenses to be bome by the buyer. The
<br />structure shall be offered for sale and relocation for a period of not less than one hundred eighty (180) days. This time period may
<br />be extended by up to an additional sixty days (60) at the request of the Historic Preservation Commission or the Chapin Park
<br />Neighborhood Association Board. This paragraph shall not constitute a waiver of any of the zoning or building code sections of
<br />the South Bend Municipal Code applicable to these properties. This waiver will only apply to Temple Beth -El while it owns the
<br />property. This waiver does not apply to any other properties in the district.
<br />VI. ENFORCEMENT PROCEDURES
<br />Enforcement of the preservation guidelines and standards for the historic district is made possible in the Zoning Ordinance of the
<br />City of South Bend, ordinance No. 5565-73, as amended and the Historic Preservation Commission's Preservation Plan.
<br />The Historic Preservation Commission may petition the Building Commissioner to use the legal means available to him/her to
<br />force the maintenance and/or repair of any building or structure within the historic district in accordance with the intent of this
<br />ordinance.
<br />This ordinance, however, does not prevent the ordinary maintenance and repair of any building or structure which does not
<br />involve a change in any exterior feature, nor does it prevent the reconstruction, alteration, demolition or moving of any building
<br />or structure which the Building Commissioner or other official has determined to be a hazard to public safety.
<br />Property owners wishing to do, or have done, any work affecting the exterior of their building or land must apply directly to the
<br />Historic Preservation Commission on the form prescribed by the Commission (see Appendix A). The Historic Preservation
<br />Commission shall issue a Certificate of Appropriateness before commencement of any construction, reconstruction, alteration,
<br />demolition or moving of any house or structure within the historic district boundaries (see Appendix A). The Historic
<br />Preservation Commission will accept applications for Certificate of Appropriateness only from the property owner.
<br />In making its determination, the Historic Preservation Commission shall consider three factors: first, appropriateness of the
<br />proposed work to the preservation of the building and district; second, the detriment to the public welfare if the proposed work is
<br />permitted even though it is not deemed appropriate; third, the potential hardship that the denial of the Certificate of
<br />Appropriateness would cause the applicant.
<br />Where the Historic Preservation Commission deems it necessary, the commission may petition the Common Council for a
<br />temporary delay in the issuance of the required permit(s) for proposed construction, reconstruction, alteration, demolition or
<br />moving for the purpose of preparing an historic preservation plan for a building or district. Such a request shall be for a specified
<br />period of time.
<br />In no case may the delay granted by the Common Council exceed one (1) year, but the Commission may petition the Common
<br />Council for a continuance of any such delay in accordance with the same procedure as for the initial petition.
<br />The Commission will review the application and either issue a Certificate of Appropriateness or else deny the application, stating
<br />in writing the reasons for such denial. Upon such denial the applicant may appeal to the Common Council.
<br />VII. MINIMUM MAINTENANCE STANDARDS
<br />All Landmarks and all contributing structures located in an historic district shall be preserved from decay and deterioration, and
<br />shall be maintained in good repair and kept structurally sound. The owner or other person having charge or control of Landmarks
<br />and property in an historic district shall not allow or permit deterioration from defects or conditions which, in the judgment of the
<br />commission, produce a detrimental effect on the character of the district as a whole or the life and character of the Landmark,
<br />structure or property in question, including but not limited to:
<br />A. Deterioration of exterior walls or other vertical supports causing conditions such as splitting, leaning, buckling, crumbling,
<br />visible cracking or similar conditions;
<br />B. Deterioration of roofs and other horizontal members causing conditions such as sagging, splitting, buckling, crumbling, holes,
<br />missing shingles or similar conditions;
<br />C. Deterioration of external chimneys causing such conditions as listing, settling, bulging, crumbling, holes, loose or missing
<br />materials or similar conditions;
<br />D. The deterioration or crumbling of exterior plasters or mortar;
<br />E. The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows and doors;
<br />F. The peeling of paint, rotting, holes and other forms of decay;
<br />G. The lack of maintenance of surrounding environments such as fences, gates, sidewalks, steps, signs, accessory structures and
<br />landscaping;
<br />H. The deterioration of any feature so as to create, or permit the creation of, any hazardous or unsafe condition or conditions.
<br />The commission shall give notice to the owner or person in charge of the structure, by certified or registered mail, of each
<br />specific instance of failure to maintain or repair. A copy of such notice shall be sent to the Code Enforcement Department. The
<br />owner or person in charge of such structure shall have twenty (20) days to respond in writing by identifying specifically the
<br />corrective or remedial steps to be taken. A Certificate of Appropriateness shall not be required for such repair unless such repair
<br />results in a change in the design, form, proportion, mass, configuration, building material, texture, color, location or external
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