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(A) The Board's area of concern shall be limited to the historic district. The Board shall be concerned with those elements of development, redevelopment, rehabilitation, or preservation that affect the visual characteristics of the historic area.
(B) The Board may not make any requirement except for the purpose of preventing development, alterations, or demolitions which are obviously incongruous with the historic district. The Board may not consider details of design, interior arrangements, or building features if those details, arrangements, or features are not subject to public view.
(C) The Board may make rules specifying certain types of architectural improvements as permissible uses throughout the historic district without a specific vote of the Board of Review concerning each particular location. When such improvements are applied for, the Building Inspector may immediately issue a building permit and certificate of appropriateness for the improvement without bringing such improvement before the Board of Review for a vote, unless the Building Inspector believes that at that particular location the improvement would be inconsistent with the purposes of this chapter, in which case he would schedule the application for a certificate of appropriateness for the next meeting of the Historic District Board of Review.
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87)
A decision of the Board of Review is subject to judicial review under IC 4-21.5-5-1 through 4-21.5-5-16), the same as if it were a decision of a state agency. (IC 18-7-22-12, as added by Acts 1980, P.L. 135, 4.)
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87)
(A) Enforcement of chapter. It shall be the duty of the Building Inspector, designated by the Mayor, to enforce this chapter. He shall receive applications required by this chapter, and furnish the prescribed certificates of appropriateness. He shall examine areas for which permits have been issued, and shall make necessary inspections to see that the provisions of this chapter are being upheld. He will be provided with the assistance of the Chief of Police in enforcing orders and the City Attorney in prosecuting violations.
(B) For the purpose of this chapter, the Building Inspector shall have the following duties:
(1) Upon finding that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, ordering the action necessary to correct such violations;
(2) He shall order discontinuance of any illegal work being done;
(3) He shall order removal of illegal buildings or structures or illegal additions or structural alterations; and
(4) He shall take any other action authorized by this chapter to ensure compliance with or to prevent violations of this chapter. This may include the issuance of certificates of appropriate-ness and such similar administration duties as are permissible under the law.
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87)
(A) Any person or corporation who violates or fails to comply with any provisions of the city historic district chapter shall be guilty of a Class A infraction as defined by IC 34-28-5-4 and shall be subject to penalties thereunder, subject to the limitations of IC 36-1-3-8. Each day such violation exists shall constitute a separate offense.
(B) Any person or corporation, being required by the city historic district chapter to submit plans to either the Building Inspector or the Board of Review, who builds, reconstructs, removes, structurally alters any building, or develops land in a manner other than shown by plans or plats approved by the Board of Review, shall be guilty of a Class A infraction as defined by IC 34-28-5-4 and subject to the penalties thereunder. Each day such noncompliance exists shall constitute a separate offense.
(C) The Historic District Board of Review, the Building Inspector, any designated enforcement official, or the city may institute relief in the Jefferson Circuit Court to restrain an individual, corporation, or government unit from violating the provisions of the city historic district chapter.
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87)