(a) Conditions for withdrawal. The approval of a structure, building, object, site or area for certified status or as a certified historic district (or a part thereof) may be rescinded, and such certified status withdrawn, under any of the following conditions:
(1) The structure, building, object, site or area has ceased to meet the criteria for certified status because the qualities which caused it to be originally approved have been lost or destroyed or such qualities were lost subsequent to nomination, but before conferral of certified status;
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(2) Additional information shows conclusively that the structure, building, object, site or area does not possess sufficient significance to meet the criteria for approval of certified status;
(3) The original conferral of certified status was clearly in error; or
(4) There was prejudicial procedural error in the process of reviewing an application for certified status.
(b) Requests for withdrawal. Any commissioner, the owner of any structure, building, object or site having certified status, or 50% or more of the property owners in an area approved as a certified historic district may initiate a procedure to withdraw the certified status from such structure, building, object, site or area.
(c) Application and hearing. A procedure to withdraw the certified status from a structure, building, object, site or area shall be initiated by filing an application in accordance with subsection 26A-21(c) hereof. Upon the filing of a completed application, notice shall be given and a public hearing shall be held in accordance with subsections 26A-21(d) and (e) hereof.
(d) Recommendation; determination.
(1) Promptly after the close of the public hearing, the commission shall either:
A. Determine that withdrawal of certified status is not warranted, which determination shall be final; or
B. Recommend to the board of trustees that the certified status should be withdrawn.
(2) Such determination or recommendation shall be in writing and shall set forth the reasons therefor. Any determination or recommendation shall be submitted to the board of trustees, sent to the applicant and filed with the village clerk.
(e) Board action. The board of trustees shall promptly act upon a recommendation for withdrawal of certified status. An ordinance passed by the affirmative vote of at least four members of the board of trustees shall be required to rescind the approval of, and withdraw the certified status of a structure, building, object, site or area (which withdrawal in the case of a certified historic district may affect all or part of such district). Upon passing an ordinance approving the withdrawal of such certified status, the board of trustees shall direct that notice be sent to the building official, the owners of record, the occupants (either by name or to "occupants" of the site or sites in question), and, if known, to other persons having a legal or equitable interest in the site or sites, advising them that such certified status has been withdrawn. The board of trustees shall also direct that the ordinance withdrawing the certified status from a structure, building, object, site or area be recorded in the office of Cook County Recorder of Deeds.
(Ord. No. 90-32-1841; Ord. No. 2013-10-3340)