§ 1478.05 NOMINATION AND PRELIMINARY DETERMINATION OF ELIGIBILITY FOR DESIGNATION AS A HISTORIC LANDMARK OR INTERIOR HISTORIC LANDMARK.
   (A)   Submission of nominations. Historic landmark and interior historic landmark nominations may be submitted to the Commission by any person, group of persons or association, including any member of the Commission, on a nomination form provided by the Commission. The nomination form shall include or be accompanied by the following:
      (1)   The name and address of the owner of the property proposed for designation, including the names of the beneficial owners of the property held in a land trust, where possible;
      (2)   The legal description and common street address of the property proposed for designation;
      (3)   An indication of whether or not the owner is in favor of the proposed designation and whether the owner is the nominating party;
      (4)   A written statement fully describing the property and setting forth reasons in support of the proposed designation;
      (5)   Photographs of the property or selected properties;
      (6)   Other information as may be required by the Commission; and
      (7)   Fee of $500 waived if submitted by the Commission or at the Commission's discretion.
   (B)   Commission action.
      (1)   The Commission shall, upon receipt of a properly completed nomination, immediately notify the office of the City Clerk and City Code Administration Department of the Commission’s receipt of the nomination and shall deliver copies of same to the City Clerk’s office and Code Administration as soon thereafter as is possible and shall make a preliminary determination of eligibility within 15 days of the receipt of the nomination, or by the Commission’s next regularly scheduled meeting, whichever occurs later. A determination by the Commission of preliminary eligibility must be based upon or finding(s) by the Commission that there is a likelihood that a nominated historic landmark will meet one or more of the criteria for designation set forth in § 1478.04 of this chapter.
      (2)   If a majority of the Commission members determines that there is not likelihood that the nominated historic landmark may meet at least one of the criteria for designation, it shall enter a formal denial of the nomination and so notify the party making the nomination, in writing. A denial shall be the final administrative decision. The Commission may not reconsider the preliminary eligibility of a historic landmark for at least one year following the submission of the original nomination and then only upon further evidence of qualification. The Commission may waive the one-year period if the Commission deems that such action is warranted due to new circumstances or new evidence of eligibility.
      (3)   If a preliminary determination is made that there is a likelihood that the nominated historic landmark may meet one or more criteria, the Commission shall schedule a designation hearing(s) to be held within 45 days of the preliminary determination and shall send the owner of record written notice of same no less than 15 days in advance of a hearing by regular and certified mail or via some other delivery service that documents receipt, properly addressed to the owner of record as shown in the records of the Recorder of Deeds or Registrar of Titles, whichever is appropriate, and with sufficient postage affixed thereto. If the nominating party is the owner of record, the Commission shall schedule the designation hearing to take place at its next regularly scheduled meeting. Failure to receive notice shall not invalidate the proceedings of the Commission.
(Ord. 06-50, passed 11-28-2006; Ord. 11-04, passed 1-25-2011; Ord. 11-19, passed 4-26-2011)