(A) Following a preliminary determination by the Commission that there is likelihood that a proposed historic landmark may be eligible for designation, the Commission shall conduct hearing(s) and shall notify the party making the nomination and the owner(s) of record of the proposed historic landmark by regular mail, as well as the adjoining property owners, no less than 15 days prior to the date of the hearing. All other parties affected by the proposed historic landmark will be notified by public notice posted at City Hall and on the City of Berwyn's website as to the date, time, place and purpose of the public hearing(s). The Commission’s notice to the owners of records of the proposed historic landmark shall also include a copy of the nominating petition, any supporting documentation submitted therewith and a form for use by the owner entitled the “Owner(s) of Record Statement of Position” form indicating the owner’s support for or opposition to the proposed designation and a brief statement of the reasons therefor. The form shall provide a return address for the Commission and shall direct the owner to return the completed form to the Commission no less than seven days prior to the scheduled hearing. The form shall further indicate that the owner’s failure to respond shall be presumed by the Commission to indicate the owner’s support for the proposed designation. The owner may rebut this presumption by appearing at the hearing and testifying in opposition to the proposed designation. The Commission shall make every reasonable effort to contact personally or by telephone owner(s) of record who have not returned an executed owner(s) form to explain the designation process and to encourage the return of the signed form.
(B) At the hearing the Commission shall take testimony and receive evidence from the nominators, owner(s) of records, and any other interested parties who wish to be heard and/or present evidence on the application of the criteria for designation, set forth herein above in § 1478.04, to the proposed historic landmark. The Commission shall hear testimony and receive evidence in accordance with the procedural rules as the Commission may, from time to time, propose and the City Council may from time to time adopt for the purpose of governing the conduct of the hearings before the Commission. The procedural rules set forth in Exhibit B attached to Ordinance 06-50 and incorporated herein by reference, are hereby adopted as the rules of procedure governing the conduct of hearings before the Commission which rules shall be subject to amendment by action of the Commission and the City Council as set forth above.
(Ord. 06-50, passed 11-28-2006; Ord. 11-04, passed 1-25-2011; Ord. 11-19, passed 4-26-2011)