§ 125-93. Appeal provisions.

(a)

The purpose of this section is to preserve historic districts or conservation districts that are important to the education, culture, traditions and economic values of the city and to afford historic organizations, and other interested persons the opportunity to acquire or to arrange for the preservation of these buildings, structures or sites.

(b)

If the commission denies the issuance of a certificate of appropriateness for the demolition of a building or structure, a demolition permit may be issued by other agencies and a building may be demolished, but only after establishing all of the following:

(1)

The property owner must demonstrate to the commission that an historic building or structure is incapable of earning an economic return on its value, as appraised by a licensed real estate appraiser.

(2)

The property owner shall file with the administrator documented evidence that a good faith effort is being made to sell or otherwise dispose of such property at fair market value to any public or private person or agency which gives a reasonable assurance of its willingness to preserve and restore such property. Such documented evidence shall be provided at the expense of the property owner and shall include:

a.

Offering price;

b.

Date the offer of sale is to begin;

c.

Name and address of listing real estate agency, if any;

d.

A copy of an advertisement to run in the same manner as the notice in subsection (c) of this section which offers the property for sale; and

e.

An appraisal of the property's fair market value by a licensed real estate appraiser.

(c)

Notice of the proposed demolition must be given for a period fixed by the commission, based on the commission's classification on the approved map, but not less than 60 days nor more than one year. Notice must be posted by the staff of the department of city planning on the premises of the building, structure or site proposed for demolition in a location clearly visible from the street. In addition, notice must be published in a newspaper of general local circulation at least three times before demolition, with the first publication not more than 15 days after the application for a permit to demolish is filed, and the final publication at least 15 days before the date of the permit.

(d)

The commission may approve a certificate of appropriateness at any time during the notice period under subsection (c) of this section. If the certificate is approved, a demolition permit shall be issued without further delay, and demolition may proceed.

(Code 1985, § 160.14; Ord. No. 3444, 11-19-1990; Ord. No. 3793, 12-6-1993; Ord. No. 4343, 11-16-1998)