§ 36.198 APPEAL PROVISIONS.
   (A)   The purpose of this section is to preserve historic districts that are important to the education, culture, traditions and economic values of the city and to afford the city historical organizations, and other interested persons the opportunity to acquire or to arrange for the preservation of these buildings.
   (B)   If the Historic Commission denies the issuance of a certificate of appropriateness for the demolition of a building or structure, a demolition permit may be issued by other agencies and a building may be demolished, but only after establishing all of the following:
      (1)   The property owner must demonstrate to the Historic Commission that an historic building or structure is incapable of earning an economic return on its value, as appraised by a licensed real estate appraiser.
      (2)   The property owner shall file with the administrator documented evidence that a good faith effort is being made to sell or otherwise dispose of such property at fair market value to any public or private person or agency which gives a reasonable assurance of its willingness to preserve and restore such property. The documented evidence shall be provided at the property owner’s expense and shall include:
         (a)   Offering price;
         (b)   Date of offer of sale is to begin;
         (c)   Name and address of listing real estate agent, if any;
         (d)   A copy of an advertisement to run in the same manner as the notice in § 36.195(C) which offers the property for sale; and
         (e)   An appraisal of the property’s fair market value by a qualified real estate appraiser.
   (C)   Notice of the proposed demolition must be given for a period fixed by the Historic Commission, based on the Historic Commission’s classification on the approved map, but not less than 60 days nor more than 1 year. Notice must be posted on the premises of the building or structure proposed for demolition in a location clearly visible from the street. In addition, notice must be published in a newspaper of general local circulation at least 3 times before demolition, with the first publication not more than 15 days after the application for a permit to demolish is filed, and the final publication at least 15 days before the date of the permit.
   (D)   The Historic Commission may approve a certificate of appropriateness at any time during the notice period under division (C) hereof. If the certificate is approved, a demolition permit shall be issued without further delay, and demolition may proceed.
(1979 Code, § 36.123) (Ord. 4367, passed 6-15-1998)