(A) The Commission shall file certificates of appropriateness, notices to proceed, and denials of applications for permits with the Inspector of Buildings or other duly delegated authorities. A permit shall not be issued until the Commission has acted as prescribed by this chapter. If a permit application is denied, the decision shall be binding on the Inspector or other authority. A denial shall be accompanied with a written explanation by the Commission of the reasons for denial and, if appropriate, a notice that an application may be resubmitted for Commission review when suggested changes have been made. The denial shall also include notification of the applicant's rights of appeal to the State Historic Preservation Review Board and to the circuit court. The failure of the Commission to act within 60 calendar days after the date a complete application is filed with the Commission, unless the applicant and the Commission agree upon an extension in writing, shall be considered to constitute approval.
(B) Local public officials and employees shall provide information and records to study committees, standing committees, and the Commission, and shall meet with those bodies upon request to assist with their activities.
(C) When work has been done upon a resource without a permit, and the Commission finds that the work does not qualify for a certificate of appropriateness, the Commission may require an owner to restore the resource to the condition the resource was in before the inappropriate work, or to modify the work so that it qualifies for a certificate of appropriateness. If the owner does not comply with the restoration or modification requirement within a reasonable time, as determined by the Historic District Commission, the Commission may seek an order from the circuit court to require the owner to restore the resource to its former condition, or to modify the work so that it qualifies for a certificate of appropriateness. If the owner does not comply or cannot comply with the order of the court, the Commission or its agents may enter the property and conduct work necessary to restore the resource to its former condition or modify the work so that it qualifies for the certificate of appropriateness in accordance with the court's order. The costs of the work shall be charged to the owner, and may be levied by the village as a special assessment against the property. When acting pursuant to an order of the circuit court, a commission or its agents may enter a property for purposes of this section.
(D) An applicant aggrieved by a decision of the Commission concerning a permit application shall file an appeal in accordance with § 150.10.
(Ord. 175, passed 10-16-1989; Am. Ord. 262, passed 8-6-2007)