§ 7-109 PRESERVATION OF HISTORIC PROPERTIES.

   (a)   Prior to the issuance of notice for a hearing under § 7-102 or § 7-102A of this article, a hearing will be conducted before the Historic and Cultural Landmarks Commission of the City of Fort Worth if the building or structure that is the subject of the hearing:

      (1)   Meets either a. or b. and also c. below.

         a.   Individually designated or pending designation as:

            1.   Highly significant endangered;

            2.   Historic and cultural landmark; or

            3.   Demolition delay.

         b.   A contributing historic property located in an area designated or pending designation as an historic and cultural landmarks district.

         c.   Is not a single-family dwelling occupied by the owner.

   (b)   The director may secure the structure from entrance until the requirements in subsection (c) of this section are completed.

   (c)   The landmarks commission shall review the condition of the building or structure to determine whether it can be reasonably rehabilitated and shall submit a written report of its findings and recommendations to the director within 60 calendar days from the date of the initial landmarks commission hearing.

   (d)   If the landmarks commission determines that the building or structure cannot be rehabilitated, the director may proceed as provided in § 7-102 or § 7-102A above, and the building standards commission or municipal court may order its demolition.

   (e)   If the landmarks commission determines that the building or structure can be reasonably rehabilitated, the city may not permit the building or structure to be demolished for at least 90 calendar days after the date the report is submitted to the director. During this 90-calendar day period, the city's historic preservation officer, shall notify the building or structure's owner to afford the owner an opportunity to attempt to identify a feasible alternative use for the building or structure or to locate an alternative purchaser to rehabilitate and maintain the building or structure.

   (f)   If the city is not able to locate the owner or if the owner does not respond within the 90-calendar day period, the director may proceed as provided by § 7-101, and the city may then file suit pursuant to Tex. Local Government Code § 214.003 for the appointment of a receiver. A receiver may not be appointed for a building or structure that is an owner-occupied single-family residence or that is zoned nonresidential and used in a nonresidential character.

   (g)   The director may proceed as provided in § 7-101, and the building standards commission or municipal court may order the demolition of a building or structure, if after the expiration of the 90-calendar day period the city is not able to:

      (1)   Identify a feasible alternative use for the building or structure;

      (2)   Locate an alternative purchaser to rehabilitate and maintain the building or structure; or

      (3)   Appoint a receiver for the building or structure as provided by Texas Local Government Code § 214.003.

   (h)   An owner of a substandard building or structure declared to be in violation of this article is not liable for penalties related to the building or structure that accrue during the 90-calendar day period provided for disposition of historic property under this section.

   (i)   In determining whether to issue a certificate of appropriateness for the demolition of a non-contributing historic property, the city must follow the processes and procedures set forth in the Historic Preservation Ordinance for demolition requests by an applicant other than the city.

(Ord. 13743, § 1, passed 3-23-1999; Ord. 23577-03-2019, § 13, passed 3-19-2019; Ord. 23984-12-2019, § 1, passed 12-17-2019, eff. 12-25-2019)