(a) If it is suspected that a historic property has been totally or partially destroyed or significantly altered by the willful act or negligence of the owner or his representative in violation of the preservation criteria in the historic district ordinance, the city council, landmark commission, or city manager shall immediately cause the matter to be scheduled for consideration by the city council. The director shall give written notice of the hearing before the city council to the owner at least 10 days before the hearing date. If, after the hearing, the city council determines that the historic property has been totally or partially destroyed or significantly altered by the willful act or negligence of the owner or his representative in violation of the preservation criteria in the historic district ordinance, the tax exemption will terminate, the director shall notify the appraisal district that the property does not qualify for a tax exemption, and the owner shall immediately repay to the city all of the tax foregone.
(b) Where a historic property is totally or partially destroyed or significantly altered in violation of the preservation criteria in the historic district ordinance other than by the willful act or negligence of the owner or his representative, the owner shall, within 30 days, request a certificate for demolition when rehabilitation is not feasible, or request a certificate of appropriateness to rehabilitate the historic property. The landmark commission shall determine whether rehabilitation is feasible during its consideration of the certificate for demolition or certificate of appropriateness. In cases in which a historic property is demolished pursuant to a certificate for demolition or rehabilitated in compliance with a certificate of appropriateness, repayment of the tax foregone is not required. (Ord. Nos. 21874; 22026; 22392; 23506; 24584; 25509; 27016)