(A) Within 45 days following completion of the public hearing(s), the Commission shall determine, based on the criteria and evaluation guidelines set forth hereinabove in § 1478.04, whether to recommend designation of a historical landmark to the City Council and shall deliver to the nominator, the City Council, the City Clerk, the Code Enforcement Department and to the owner(s) of records, a resolution and report recommending designation if a determination has been made by the Commission. The resolution shall require an affirmative vote of a majority of the full Commission to recommend designation to the City Council. The resolution shall be accompanied by a written report summarizing the evidence presented at the hearing, setting forth findings of fact based thereon, and explaining the basis for the Commission’s recommendation. A decision by the Commission not to recommend designation is final and will terminate the designation process. The Commission shall give a reason for denial. The Commission shall notify the owner and nominators of its decision not to recommend designation within 45 days of the completion of the public hearing.
(B) Within 60 days after receiving the resolution and report containing the recommendation for designation from the Commission, the City Council shall take a vote to either designate the historic landmark or reject the nomination by simple majority vote of the full Council. In making this determination, the City Council shall apply the designation standards set forth in § 1478.04 above and shall give due consideration to the record of the public hearing(s), and findings and recommendations of the Commission set forth in the Commission’s resolution and report and may take public testimony with regard to same. Upon a majority vote of the City Council to approve designation, the City Council shall enact an ordinance designating the historic landmark, which ordinance shall provide that the newly designated historic landmark shall be subject to the provisions of Chapter 1478 of these Codified Ordinances.
(C) If the City Council does not take a vote to either designate the historic landmark or reject the nomination within 60 days after receiving the resolution, then the nomination will be deemed to have expired and will be considered denied.
(D) For any nomination that is deemed to have expired and is thus considered denied pursuant to division (C) above, either the nominating party or the Commission may renew the nomination within 30 days by presenting a renewed resolution to City Council as provided for in division (A) above. The nominating party and/or the Commission may present up to three consecutive renewed resolutions to City Council for the same nomination. After that number, a new nomination must be prepared, subject to the terms of § 1478.05(B)(2) above.
(E) Upon designation of a historic landmark by the City Council, the Commission shall provide written notification by regular mail to the owner(s) of record of the designated historic landmark which notifications shall include a certified copy of the ordinance designating same. The city shall file with the Recorder of Deeds or Registrar of Title of the county, whichever is appropriate, a certified copy of the designation ordinance for each historic landmark designated. A copy of the designation ordinance shall be sent to the City Code Administration Department, the City Clerk’s office and the Department of Community Development.
(F) Designations may be amended or rescinded by the same procedure and according to the same criteria set forth herein for an original designation.
(Ord. 06-50, passed 11-28-2006; Ord. 11-04, passed 1-25-2011; Ord. 11-19, passed 4-26-2011)