774-01 Create Historical Preservation Board – Regulate Preservation/grants

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15 t.i 18 12. Public Safety Measures and Emergency Measures: No designated property within a Historic District may be demolished until the Board has been notified by the responsible building code official that an order for demolition is being prepared and the Board has had an opportunity to discuss the feasibility of emergency measures to secure the property. To remedy emergency conditions determined to be imminently dangerous to life, health, or property, nothing herein shall prevent the making of any temporary construction, reconstruction, demolition, or other repairs to a property pursuant to an order of a government agency or a court of competent jurisdiction, provided that only such work as is reasonably necessary_to correct the hazardous condition may be carried out. The owner of a designated property damaged by fire or natural calamity may stabilize the property immediately and all be permitted to rehabilitate it later under the normal review procedures. 13. Appeals: Persons aggrieved by the decision of the Board granting or denying a Certificate of Appropriateness may appeal to the City Council within fifteen days of the written decision of the Board by filing a written notice of appeal to the City Clerk. Appeals shall be heard by the City Council at its next regular meeting, provided that at least fifteen days have passed between the filing of the notice of appeal and the date of the meeting. The City Council shall hear all evidence and testimony placed before it and shall render its decision promptly. The City Council may affirm, amend or reverse the decision of the Board. The City Council shall issue a written decision which shall constitute the final administrative review. 14. Judicial Review: Appeals from the City Council may be made to the courts as provided by law. 15. Penalties for Noncompliance: Failure by an owner of record or any individual or private or public entity to comply with any provisions of this section shall constitute a violation of this section, and shall be punishable by the following: a. All work performed pursuant to the issuance of a Certificate of Appropriateness shall conform to the requirements of the Certificate. It shall be the duty of the City's building department or his designated representative to inspect, from time to time, any work performed pursuant to the Certificate, to ensure such compliance. If work performed is not in accordance with such Certificate, the building official or his designated representative shall issue a stop work order, and all work shall cease. No person shall undertaken any work on such project as long as such stop work order shall continue in effect. All work not in compliance may be required to be removed, regardless of hardship to the owner. b. Any person who violates any provision of this section shall forfeit and pay to the City civil penalties equal to the fair market value of any property demolished or destroyed in violation of this section or the costs to repair or rehabilitate any property that is altered in violation of this section. In lieu of a monetary penalty, any person altering property in violation of the provisions of this section may be required to repair or restore any such property.