(a) The Review Board shall notify, in writing, the owners of any proposal to list all property whenever. Whenever possible, the Review Board shall secure the owner's written consent for the proposed designation and upon receipt of such consent the property shall be listed upon favorable recommendation by the Review Board to the Planning Commission to Council and upon approval by Council after a public hearing by Council.
(b) In the event that such owner shall refuse or decline to give his written consent to the proposed designation, and the Review Board feels it is of considerable importance to the community that the property be listed, the following procedure shall be followed:
(1) The Review Board shall schedule a public hearing on the questions of the proposed designation, setting forth a date, time and place and causing written notice to be given to the owner or any person having a legal or equitable interest in the property being proposed for designation. The Review Board shall cause a legal notice to be published in a newspaper of general circulation in the City setting forth the nature of the hearing, the property involved and the date, time and place of the scheduled public hearing.
(2) The Review Board shall conduct the public hearing and shall provide a reasonable opportunity for all interested parties to express their opinions. Within fifteen days after the hearing the Review Board shall set forth its recommendations.
(3) The Planning Commission shall, within thirty days of its receipt of the recommendations and findings of fact by the Review Board review the same and submit a recommendation and findings of fact of the Review Board to City Council.
(4) Council shall give due consideration to the findings and recommendations of the Review Board, as well as such views as may have been expressed by persons participating in the hearing before the Review Board, in addition to the recommendation of the City Planning Commission, in making it determinations with respect to the proposed designation of any areas , signs, places, buildings, structures, work of art and other similar objects as Listed Properties. Council shall hold a public hearing on any such proposed designation. After a public hearing, Council may designate such areas, signs, places, buildings, structures, work of art, and other similar objects as Listed Property. City Council must act on the proposed designation within forty-five days after the public hearing.
(5) After the decision by Council, the Review Board shall notify any owner or any person having legal or equitable interest in such property of the decision by Council.
(Ord. 2010-24. Passed 4-20-10.)