It is hereby found and declared that it is in the public interest of the city of Leavenworth to require minimum maintenance standards for structures, walkways, plazas, lighting, or other miscellaneous items identified within Chapter 14.08 LMC located within the city's commercial districts to preserve and protect the city's Old World Bavarian Alpine theme character, increase tourism and the economic vitality of all businesses within the commercial districts.
To achieve these purposes, the following minimum maintenance standards are established, and a structure, walkway, plaza, lighting, or other miscellaneous item identified within Chapter 14.08 LMC which fails to meet such standards is declared to be substandard.
(Ord. 1487 § 1 (Att. A), 2014)
This chapter shall apply to the structures, signage, parking areas, and other aspects governed by the Old World Bavarian Alpine theme within the geographic boundaries of the commercial districts.
(Ord. 1487 § 1 (Att. A), 2014)
The features of any structure, walkway, plaza, lighting, or other miscellaneous items identified within Chapter 14.08 LMC and within the commercial district of Leavenworth shall be preserved by the owner and/or the person in charge against decay and deterioration and kept free from structural defects. In accordance with Chapter 14.08 LMC, Old World Bavarian Architectural Theme, and if they are found to be deteriorating, or if their condition is contributing to deterioration, as deemed by the building inspector or building official, the owner or person in charge shall repair such features to the state of issued architectural design permits and all appropriate codes as required by law.
Owners of all structures shall provide sufficient maintenance to keep such structures from falling into a state of disrepair. Owners shall therefore be responsible for taking steps necessary to prevent the deterioration of components which could cause an unsafe condition or a detrimental effect upon the character of the Old World Bavarian Alpine theme or which could lead to a later claim that deterioration has become so advanced that demolition or removal of architectural features is necessary.
Any structure in which there exists any of the following conditions is subject to this chapter, is in disrepair, and declared as deemed by the city of Leavenworth building inspector or building official for the purposes of this chapter to be substandard:
A. 
Structures which have any or all of the following conditions or defects:
1. 
Whenever a footing or foundation is or is in the process of dilapidation, deterioration or decay; faulty construction; the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such structure or any other cause is likely to partially or completely collapse.
2. 
Members of walls, partitions or other vertical structural supports and members of roofs, eaves, balcony and roof supports, or other horizontal structural members has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance.
3. 
Any fireplaces, chimneys, exterior stairs, porches, handrails, window and door frames, cornices, wall facings and other architectural details, appurtenances or ornamentation on the exterior is not of sufficient strength or stability, or is not so anchored, attached or fastened in place.
B. 
Defective or inadequate weather protection that causes a detrimental effect(s) upon the state of building, structural, or design elements as found within issued building permits and architectural design permits, including but are not limited to the following:
1. 
Crumbling, broken, loose, missing, sagging, or falling elements;
2. 
Deteriorated, ineffective, or lack of waterproofing of elements;
3. 
Deteriorated, ineffective, or lack of paint or other approved protective coating of elements;
4. 
Deteriorated, ineffective, or lack of roof covering;
5. 
Broken, split, decayed or backed exterior wall or roof covering.
C. 
Mural removal, damage or defamation (including but not limited to graffiti).
D. 
Damaged, dangerous, or nonoperational lighting.
E. 
Any condition as to constitute a public nuisance, causing such conditions to exist that the life, health, property or safety of the public or its occupants is endangered.
(Ord. 1487 § 1 (Att. A), 2014)
Violations of this chapter shall be subject to the enforcement provisions set forth in LMC Title 21. Structures subject to this chapter may be abated under the provisions of Chapter 15.10 LMC.
Nuisance violations of this chapter may be remedied subject to the provisions set forth in LMC Title 8. The city may also take any other legally permissible action deemed necessary to enforce this chapter.
(Ord. 1487 § 1 (Att. A), 2014)
The following restoration, maintenance and repair of design elements are exempt from a building permit and/or architectural design permit:
A. 
Paint which matches the original architectural design permit approval.
B. 
Replacement of exterior siding which matches the original architectural design permit approval.
C. 
Mural restoration.
(Ord. 1487 § 1 (Att. A), 2014)