(A) This chapter shall not prohibit the demolition of any structure, which poses an immediate hazard to human health and safety. When an eligible or designated historic landmark or building, structure or improvement in a designated Historic District requires immediate demolition due to its imminent threat to human health and safety, and conditions have been reviewed by a licensed architect or structural engineer and an authorized city official, pursuant to ordinance, who have made the determination that the landmark, building, structure or improvement should be demolished immediately, then nothing in this chapter shall prohibit the demolition of such landmark, building, structure or improvement. The city official ordering the demolition shall, prior to causing the demolition, attempt notification of a designated member of the Commission of the imminent threat posed by the landmarks, building, structure or improvement if the notice may be given without jeopardizing human health and safety. The Chairperson of the Commission shall designate three members of the Commission, any of whom shall be authorized to receive notice of emergency demolition as provided in this section.
(B) If the city has, pursuant to official action, declared a building, structure or improvement that is an eligible or designated landmark or is located in a designated Historic District as a public nuisance and has authorized its demolition, the City Clerk or his or her designee shall have a copy of the declaration of public nuisance delivered to the chairperson of the Commission, who shall place the matter on the agenda of the next meeting of the Commission. The Commission shall be authorized to review the building, structure or improvement and determine if the owner or some other person can commence rehabilitation of it immediately. The Commission shall ensure that whoever will rehabilitate the building, structure or improvement, shall have either public or private financing, or both, to make sure that the building, structure or improvement is promptly rehabilitated in accordance with the criteria set forth in this chapter. If the Commission is unable to secure the rehabilitation plans of the building, structure or improvement within 90 days of the date that the city obtains judicial authorization to demolish it, whichever is later, then the city may proceed with the demolition of the building, structure or improvement.
(C) An owner of a building, structure or improvement eligible or designated as a landmark or located within a Historic District shall not be authorized to demolish the building, structure or improvement without filing an application for certificate of appropriateness, except when an authorized city official, pursuant to ordinance, has made the determination that the building, structure or improvement poses an imminent threat to human health and safety and should be demolished immediately, under the guidelines of division (A) herein.
(D) If the city has declared an eligible or designated landmark or a building, structure or improvement in a designated Historic District to be a public nuisance and, after the declaration, the owner of the building, structure or improvement files an application for a certificate of appropriateness so the building, structure or improvement may be rehabilitated, the Commission may exercise jurisdiction over the application and the structure until a time as the city obtains judicial authorization to demolish the structure. Once the city has obtained judicial authorization, then the rehabilitation of the structure may proceed only if the City Council consents to withholding its authority to demolish the structure in abeyance while the structure is rehabilitated.
(Ord. 06-50, passed 11-28-2006; Ord. 11-04, passed 1-25-2011)