§ 10.108. PROCEDURE TO ADDRESS DEMOLITION BY NEGLECT

A.

Documentation of Neglect. The Officer and the Building Official shall document evidence of disrepair or neglect on designated GLs and contributing properties located within a HOD.

B.

Notification of Property Owner. If the disrepair or neglect does not rise to a level that warrants the Building Official's intervention, the Officer shall notify the property owner in writing, informing the owner of the specifics of the alleged deterioration and requesting that the owner appear before the Landmark Commission within 45 days of the date of the notification. The notification shall be provided to the owner either personally or by regular mail.

C.

Hearing. The Commission shall conduct a hearing in accordance with the procedures in Section 13.309.D.1 and 2. The purpose of the hearing is to enable the Commission to make a fuller and more accurate determination of the existence and degree of deterioration and the urgency for corrective action. The owner may appear before the Commission in person or by agent.

D.

Required Action Upon Finding of Demolition by Neglect. If the Commission determines that the deterioration has produced a detrimental effect on the historic integrity of the property, the Commission may order the owner to cure the deterioration by repair or other appropriate actions within a reasonable time period. If required by this Division, the owner must obtain a certificate of appropriateness for making the necessary repairs to correct the deterioration.

E.

Claim of Economic Hardship. Upon receiving a notification or corrective order under this Section, the property owner may make a claim of economic hardship through the procedure provided in Section 10.107.E, in which case the corrective order issued under this Section shall be stayed until the Commission makes its determination on the claim.

1.

Corrective Order if Claim Unsuccessful. In the event of a finding of no economic hardship, the Commission may direct the Officer to proceed with a corrective order as provided under this Section. The Commission may direct the Officer to coordinate with the property owner on a compliance plan and schedule to address the detrimental deterioration that is the focus of the corrective order.

2.

Potential Voluntary Measures if Claim Successful: In the event of a finding of economic hardship, the Commission may recommend options for addressing the detrimental deterioration while relieving the economic hardship, and the Officer may also recommend voluntary actions the property owner may take to address the detrimental deterioration.

( Ord. No. 18-037, § 2, 6-21-18 )