§ 20.20.120. Historic landmark demolition or removal.

A.

An application for demolition or removal of any portion of a designated historic landmark or H-overlay property shall be filed with the historic preservation officer who shall forward it to the HLC within five days of receipt. The HLC shall then hold a public hearing on the application after at least ten days written notice to the applicant. The HLC shall consider the historic value, state of repair, reasonableness of the cost of restoration or repair, the existing and potential usefulness, including economic usefulness of the building, purposes behind preserving the structure as a historic landmark, neighborhood character, and all other factors it finds appropriate. The HLC shall delay the proposed demolition for a period of at least sixty days from the date of submission of a completed application. After such time period, the HLC may approve or deny the application in whole or in part, or suspend action on it for a period not to exceed six months.

B.

If the HLC determines, based on the evidence presented, that the cost of restoration or repair would render the property incapable of earning a reasonable return, the HLC may recommend to city council, within ten days of the hearing before the HLC, or at the council's next regular meeting, that the property be acquired pursuant to Section 20.20.120(A). Council will have thirty days to state an affirmative intent to negotiate with the property owner and to act on such a purchase within a reasonable time thereafter. If council does not act affirmatively, or the HLC determines that the interest of preserving historical values will not be adversely affected by such demolition or removal or that the interest of preserving historical values can best be served by the removal of the structure to another specified location, it shall issue a certificate of demolition or a certificate of removal to the applicant within ten days therefrom, or sixty days of receipt of a completed application, whichever comes later.

C.

If no action has been taken by the HLC within ninety days of original receipt by the HLC of the application, it shall be deemed approved as submitted and a certificate of demolition or a certificate of removal shall be issued by the HLC and the HPO shall so advise the applicant.

D.

After a decision is reached by the HLC denying an application for a certificate of demolition or a certificate of removal, a re-submittal of an application for such certificate will not be accepted for a twelve-month period from the date of final decision, except upon written request of the applicant indicating that there has been a change in conditions sufficient to warrant an earlier rehearing.

E.

Subsections A through D of this section shall not apply whenever the building official or the fire chief or their designee proceeds under Chapter 18.50. In such case, the building and standards commission after the appropriate notice and hearing, may order the building or structure or part thereof secured, repaired, removed or demolished without regard to the "H" designation on the building or structure or part thereof; but in no event may the building and standards commission take such action unless it determines that the building or structure or part thereof is unsafe and dangerous so as to endanger persons or property or is a fire hazard, and that such danger or hazard is so great and so immediate that subsections A through D of this section should be circumvented to prevent immediate and substantial harm to persons or property. Such a determination by the building and standards commission shall be final except as provided for by state law.

F.

Prior to submitting an application for demolition or removal, the applicant shall send written notice of the proposed application via certified mail, facsimile transmission or personal delivery to the mayor and city council, the county historical commission, and if the property is located within a recognized neighborhood association ("RNA") boundary, the applicant shall provide written notice to any such RNA. Such notice shall contain the following information:

1.

A detailed description of what is being applied for;

2.

A method by which the applicant can be contacted; and

3.

A statement as to the application's projected impact on the land comprising the geographic boundary of the RNA.

As part of the submitted application, the applicant shall provide a copy of the written notice sent to each individual or entity and proof of delivery. Failure to provide written notice, or an affidavit attesting hand delivery shall result in the application not being accepted as complete.

(Ord. 16830 §§ 1, 2, 2008; Ord. 16653 § 2 (part), 2007)

(Ord. No. 17442, § 51, 10-26-2010)