(A) Notwithstanding division (B) below, a decision by the Building Commissioner can be appealed to the Board of Zoning Appeals with at least ten days notice before the next regularly scheduled meeting. Appeals can be filed with the Building Office or with the Mayor. Appeals need to specify in writing what error was made by the Building Commissioner. Through the appeals process the Board of Zoning Appeals shall review the decision of the Building Commissioner in the more favorable outcome. The petitioner has the burden of egregious error.
(B) (1) If the Building Commissioner denies the issuance of a certificate of appropriateness for the demolition of a building, structure, or site, a demolition permit may be issued by other agencies and a building, structure, or site may be demolished but only after the property owner has demonstrated to the Building Commissioner that the historic building, structure, or site is incapable of earning an economic return on its value, as appraised by a licensed real estate appraiser.
(2) Notice of the proposed demolition must be given for a period fixed by the Building Commissioner, based on the Commissioners classification on the approved map but not less than 60 days nor more than one 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 three 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 between 15 and 20 days before the date of the permit.
(C) The Building Commissioner may approve a certificate of appropriateness at any time during the notice. Under this division, if the certificate of appropriateness is approved, a demolition permit shall be issued without further delay, and demolition may proceed.
(Ord. 2006-32, passed 2-5-07; Am. Ord. 2020-27, passed 11-2-20)