(A) Nothing in this section shall be construed to prevent the construction, reconstruction, alteration, or demolition of a structure, building, or any part thereof within an historic district when so ordered by an agency of government having jurisdiction thereof provided that the following actions occur first:
(1) The agency having jurisdiction shall have determined that a structure or building or any part thereof is immediately hazardous or dangerous to the health and safety of persons or to property.
(2) The agency issuing the order notifies the Commission Administrator of the intent to issue a demolition permit order and the Commission Administrator notifies the Commission of receipt of that intention.
(3) If demolition is ordered, the agency issuing such an order shall make every reasonable effort to secure the property or otherwise delay demolition until the Commission can act as designated in this chapter.
(4) Demolition so ordered may occur prior to Commission action only when an immediate hazard or danger to the health and safety of persons or property exists and no reasonable steps can be taken to afford protection to persons or properly affected.
(B) The Commission, on its own initiative, may file a petition with the Director of Community Development or other public safety or housing officer requesting that the officer proceed under the appropriate statute, ordinance or law to require correction of defects or repairs to any structure covered by this section so that the structure is preserved and protected in consonance with this chapter and the property maintenance and other applicable ordinances.
(1) The owner is required to make necessary structural repairs to remain in compliance with minimum building and property standards and the intent of this chapter.
(2) If the owner is unwilling to repair then the town may make the repairs the and place a lien for the costs of the repairs upon the property.
(3) The town has determined it will not undertake such repairs that will remove the threat to health and safety of persons or property and place a lien for the repairs on the property.
(Ord. 2005-05, passed 4-25-05) Penalty, see § 157.99