(a) Purpose. The purpose of the historic conservation easement program is to encourage the preservation of historic property by making the owner eligible for a federal income tax deduction and a reduction in city property taxes.
(b) Applications. An application for the offer to grant the city a historic conservation easement must be filed with the director. The director shall make recommendations regarding the merits and ramifications of each application to the landmark commission, and the landmark commission shall make a recommendation to the city council. The city council may in its sole discretion accept or reject the offer of any historic conservation easement.
(c) Eligibility. Historic conservation easements may not be accepted by the city unless:
(1) The historic conservation easement is on all or a part of a historic property in an urban historic district, and
(2) The portion subject to the historic conservation easement is a contributing element of the historic property’s historic character.
(d) Commitment to repay. After acceptance of the historic conservation easement by the city, the owner must execute a commitment to repay and file it in the deed records of the appropriate county. The commitment to repay must be approved as to form by the city attorney. The commitment to repay must run with the land and bind the owner and his successors, heirs, and assigns. The commitment to repay must provide that any unpaid repayment is a lien against the historic property. The commitment to repay must indemnify the city against all claims arising out of the acceptance by the city of a historic conservation easement.
(e) Reappraisal. Historic conservation easements that are accepted will be forwarded by the director to the appraisal district for reappraisal of the historic property. If the historic property is reappraised, the reappraisal will not affect the ability of the owner to apply for the other incentives contained in this article.
(f) Maintenance. Maintenance of the portion of the historic property covered by the historic conservation easement in compliance with all city ordinances and regulations remains the responsibility of the owner. If the portion of the historic property covered by the historic conservation easement is damaged, the owner must immediately rehabilitate the portion of the historic property covered by the historic conservation easement in conformance with the preservation criteria of the historic district.
(g) Historic property destruction or alteration.
(1) If it is suspected that the portion of the historic property covered by the historic conservation easement 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 portion of the historic property covered by the historic conservation easement 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 director shall notify the appraisal district and the owner shall immediately repay to the city all of the tax foregone.
(2) Where the portion of the historic property covered by the historic conservation easement is totally or partially destroyed or significantly altered 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 portion of the historic property covered by the historic conservation easement. 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 the portion of the historic property covered by the historic conservation easement is demolished pursuant to a certificate for demolition or rehabilitated in compliance with a certificate of appropriateness, repayment of the tax revenues that were not paid because of the historic conservation easement is not required. (Ord. Nos. 23506; 24584; 25509; 27016)