In February, the Dayton Planning and Zoning Commission reviewed the city’s historic preservation guidelines and recommended they be included in its zoning code of ordinances.
At its meeting Tuesday, city council voted to approve an ordinance based on the recommendations from planning and zoning.
The city also approved a second ordinance updating penalties for violations of the guidelines and making them civil offenses.
The penalties include:
Civil fines are $50 to $100 per day per violation for the first 30 days. If the violation is not corrected within the 30 days, the fines increase to $100 to $250 per day per violation until the violation is corrected. The city may also recover costs incurred in abating the violation.
Each day a violation continues after notice has been served will be considered a separate offense up to a maximum of $5,000 per citation.
However, a code enforcement officer may suspend daily fines if a property owner submits documentation or provides evidence that the problem is being addressed. A property owner may appeal the violation/s to the Code Enforcement Board, which may waive the fines if the owner proves an attempt was made to address the violation/s.
If the violation continues and fines, penalties and other related costs are not paid, the city could place a lien on the property.
See the city website for Dayton’s historic preservation guidelines and information on when and how to apply for a Certificate of Appropriateness (required prior to making exterior alterations, new construction, demolition or relocation of a structure in the historic district).
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