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 El Paso
 Code of Ordinances
 Title 20. ZONING
 Chapter 20.20. HISTORIC LANDMARK PRESERVATION

  § 20.20.110. Enforcement.  

Latest version.

  • A.

    All work performed pursuant to a certificate of appropriateness or administrative review shall conform to any requirements included therein. It shall be the duty of the historic preservation officer to inspect any such work to assure compliance. In the event work is found that is not in accordance with the certificate of appropriateness or administrative review, the historic preservation officer shall notify the building official, who may issue a stop work order, a citation, or pursue other prosecution in accordance with this Code or any other applicable statute or law. All further work by the applicant shall be subject to the requirements of the city code or other governing statute or law.

    B.

    If a certificate of appropriateness is issued, a project is completed, and if the property qualifies for a tax abatement per Title 3 of this Code, then the historic preservation officer shall inspect the premises on an annual basis to ensure compliance with the certificate of appropriateness for the duration of the tax abatement. If the historic preservation officer determines that conditions have changed to make the project noncompliant with the certificate of appropriateness, they shall notify the owner in writing and submit a report to the HLC providing details of the alleged noncompliance.

    C.

    The HLC shall hold a hearing and notify the property of the date, time and place of the hearing so that the property owner may attend and present evidence of compliance with the certificate of appropriateness. The HLC shall make a finding, based upon the evidence presented by the historic preservation officer and the property owner, whether or not the project is or is not in compliance with the original certificate of appropriateness. If the HLC finds that the project is not in compliance, the historic preservation officer shall notify the taxing authority, and the tax abatement for the project shall cease immediately. The property owner may present an alternate plan in order to comply with the certificate of appropriateness, and the HLC may amend and approve the modifications. The property owner may appeal the HLC's decision to the city council as provided for herein.

(Ord. 16653 § 2 (part), 2007)