Warrenton Ward 1 Alderman Cheryl Dyer is expressing vocal opposition to proposed rules that would place stricter requirements on the maintenance of Main Street buildings.

The city this month announced that it intends to implement higher building code standards for the historical buildings along Main Street by early next year. The move is meant to improve the appearance of downtown Warrenton and encourage investment in the area.

At a board of aldermen meeting Oct. 15, Dyer said she agrees with improving the downtown area, but adding more rules for building owners could also discourage investment. Dyer was absent from the Oct. 1 meeting where the proposed rules were first announced.

“This seems overly burdensome to some of the people on Main Street,” Dyer commented. “(For) a lot of these business owners, profit margins are low. We are asking them to make a lot of repairs.”

Broadly speaking, the rules address a number of building features and require that they be kept structurally sound and in good repair. They address the condition of building materials and siding, and also would require painted or coated surfaces to be well maintained.

The rules would be enforced by annual inspections and fines of $200 or more for violations.

“I am concerned that we may be hampering the very thing that we are trying to do on Main Street,” said Dyer, referring to attracting businesses. “I just think sometimes we over-ordinance. I’d like to take a real hard look at some of the things we already have established for ordinances, and help our business owners without making everything quite so burdensome.”

Dyer said she thinks existing ordinances can address issues with some building owners. For others with active businesses, she said they have their own incentive to improve their buildings.

“If you’re wanting to go into business on Main Street, it behooves you to clean up your building,” Dyer said. “Nobody is going to want to buy a business on Main Street and let it be in disrepair.”

Ward 3 Alderman Gary Miller said he understood the concerns from Dyer, but that higher standards are needed for the downtown area.

“Our intent is not to burden downtown businesses. But what is the alternative?” Miller asked. “Do we just let buildings continue to deteriorate without doing anything?”

Miller later told the Record that improving the appearance of buildings is necessary to revitalize the downtown area.

“If they’re in disarray, have old awnings, they’re not attractive, you’re not going to get anybody interested in coming downtown to open a business,” Miller said. In response to Dyer’s objection, he said the city needs to act to encourage some building owners who haven’t kept up their downtown properties.

Miller said the city isn’t trying to punish building owners, but rather work with them to make a positive improvement.

“It’s a matter of coming together with the property owners and getting it done,” Miller said. “It’s certainly not an easy task, but if we keep moving forward one step at a time, we’ll get it done.”

Warrenton does already have rules governing buildings in such disrepair that they can be considered “dangerous.” However, those rules only kick in whenever a structure is in such bad shape that it becomes “detrimental to the health, safety or welfare” of city residents.

Other than that, commercial structures in Warrenton are governed by the 2015 International Building Code. City ordinance describes that code’s purpose as ensuring structures are safe, sanitary and fit for occupation and use. The only extra rules currently in effect along Main Street are regulations on balcony construction.

The proposed new rules for Main Street buildings are undergoing a 90-day public comment period. Draft copies of the rules are available for viewing at Warrenton City Hall on Main Street. 

Once members of the public and the board of aldermen have a chance to suggest changes, a final version of the rules could be approved as early as January 2020.

During the discussion between aldermen, City Attorney Christopher Graville interjected that one alderman’s request for the rules won’t be possible.

Ward 2 Alderman Gary Auch previously asked if the city could also add interior building standards to its code update and annual inspection requirements. That would help prevent fire hazards that could endanger adjoined structures, Auch said.

After initially discussing adding such rules to the final code changes in January, Graville said further research showed the city wouldn’t legally be allowed to make that change.

“We can’t do annual interior inspections as part of our property maintenance code for commercial downtown buildings,” Graville said.

Proposed rules

The proposed rules require all exterior wood or metal features to be protected from deterioration or rust by paint or other weather-resistant coating. Peeling or chipped paint would have to be corrected and repainted.

Siding and masonry, as well as the joints around windows and doors, would be required to be kept in a watertight condition. The city also would require exterior walls to be free of any holes or material that is loose or rotting.

According to the proposed rules, violations of the new property maintenance codes would be treated as a misdemeanor violation. The person responsible for the violation would be subject to a fine of up to $200 for the first offense.

Fines would increase for subsequent violations within a 12-month period, scaling up to $450 for the fourth and any further violations. Code violations that endanger the health or welfare of others could also be punished by up to 90 days in jail.

Those penalties are similar to what the city enforces for other building code violations, which have a maximum fine of $500 and/or up to 90 days in jail.