Any owner of a property not listed on the local register may at any time file an application with the city requesting a determination that the subject property is not an eligible property and therefore is exempt from the provisions of this article.
A. Applications: A request for a certificate of ineligibility shall be made by filing a written application with the department of community development. The application shall be completed on a form provided by the department, and shall include all required information and payment of applicable fees. Copies of the application shall be provided promptly to members of the commission by the director to enable commissioners to provide information to the director concerning the subject property where appropriate.
B. Administrative Procedure: Within thirty (30) days after the filing of the application, the director shall review the application materials and determine whether the application is complete or whether additional information is required. If the application is determined to be incomplete, the director shall promptly inform the applicant in writing of the missing information. Within thirty (30) days after the submittal of the missing information, the director shall again review the application materials and determine if the application is complete. The processing time lines and procedures set forth in this section shall commence on the next business day after the application is deemed complete.
Within thirty (30) days after the application is deemed complete, the director shall prepare and serve on the property owner by first class, prepaid mail a written preliminary evaluation stating whether or not the director finds that the subject property is an eligible property. If the director does not find that the property is an eligible property, the director shall issue the requested certificate of ineligibility; but if the director believes that the property is an eligible property, the director shall not issue the certificate. If the director fails to prepare and serve a preliminary evaluation regarding the subject property within the allotted thirty (30) days, such failure will be deemed a finding of ineligibility, and the director shall issue the requested certificate of ineligibility without further delay.
C. Hearing After Preliminary Evaluation: If the director declines to issue a requested certificate of ineligibility, the commission shall consider the matter de novo at its next regularly held meeting; provided, however, that if the next regularly scheduled meeting is set to occur less than ten (10) days or more than thirty (30) days after completion of the preliminary evaluation, the director shall schedule another meeting to occur within thirty (30) days after completion of the application at which the commission shall hear the matter. The director shall give written notice of the date, time, place, and purpose of the hearing to the applicant/appellant and any designated agent(s) by first class, prepaid mail not less than ten (10) days prior to the hearing. If, based on the director's preliminary evaluation and any other evidence provided to the commission at or prior to the hearing, the commission determines that the subject property is not an eligible property, it shall issue the requested certificate; but if the commission finds that the subject property is an eligible property, it shall not issue a certificate.
D. Effect Of Certificate Of Ineligibility: A certificate of ineligibility bars the commission or the city council from initiating landmark designation proceedings concerning the subject property, in whole or in part, for a period of seven (7) years from the date of issuance. While a certificate of ineligibility is in effect, the subject property shall not be listed on the local inventory, and shall not be subject to the provisions of sections 10-3-3217 and 10-3-3218 of this chapter.
E. Effect Of Nonissuance Of Certificate: A final determination not to issue a certificate of ineligibility bars the owner of the subject property, and any successor in interest, from filing another application for a certificate of ineligibility concerning the same property for a period of five (5) years. Any such final determination may also serve as a basis for the commission to list the subject property on the local inventory if it is not already so listed.
F. Extensions Of Time Periods: Any period of time to act specified in this section may be extended by the commission or the director upon request of the owner of the subject property. Such a request shall be made in writing or on the record at a noticed hearing. (Ord. 15-O-2682, eff. 11-19-2015)