(A) The issuance of a demolition permit by the Building Inspector shall require the approval of the Common Council, except when there is an imminent threat to public health or safety as determined by the Fire Chief or City Engineer.
(B) The following conditions and standards shall apply to any entity requesting demolition of a building.
(1) A building shall only be demolished if it is deemed a hazard and threat to public health, safety and welfare by a professional engineer hired by the owner or by the city.
(2) A demolition permit shall not be issued without the approval of the Common Council or any other agency having jurisdiction.
(3) The Common Council or any other agency with jurisdiction may allow a demolition permit to be issued only after the property owner has established all of the following:
(a) A good faith effort has been made to sell or otherwise dispose of such property to any public agency or private person which gives a reasonable assurance of its willingness to preserve and restore such property;
(b) Such documented evidence shall be provided at the property owner’s expense and shall include:
1. Offering price;
2. Date the offer of sale began;
3. Name and address of listing agent, if any;
4. A copy of an advertisement which offers the property for sale to run in the same manner as set forth in I.C. 5-3-1-1 et seq.; and
5. An appraisal of the property’s fair market value by a licensed real estate appraiser.
(4) Filing procedure for Common Council approval for demolition of a building or portion of a building shall be as follows:
(a) Make application to the Building Inspector not less than 30 days prior to the Common Council meeting date for which a demolition public hearing is desired and pay a non-refundable application fee which shall be in an amount equal to the fee for a use or development variance;
(b) Place in a newspaper of general circulation a legal notice advising of the public hearing before the Common Council. The notice shall appear not less than ten days prior to the hearing date. The notices shall contain the following information:
1. Owner’s name and address;
2. Address of the property for which a demolish permit is being requested;
3. Legal description of the property;
4. Date of the public hearing;
5. Location and time of the public hearing; and
6. Statement that the purpose of the public hearing is for the Common Council to receive public comment on the proposed demolition.
(c) Not less than ten days prior to the hearing date, send notice of the public hearing, containing the same information as listed in subsections (B)(4)(b)1. through (B)(4)(b)6. above, via certified mail return receipt requested, to all adjacent landowners who are within two parcels in depth or 660 feet fro the subject property, whichever is least. Notice is also to be sent by certified mail not less than ten days prior to the hearing to the following persons or agencies:
1. Mayor of the City of Martinsville;
2. Martinsville Fire Chief;
3. Martinsville City Engineer;
4. Martinsville Chamber of Commerce;
5. Morgan County Historic Preservation Society;
6. Historic Landmarks Foundation of Indiana;
7. Rediscover Martinsville; and
8. Department of Natural Resources, Division of Historic Preservation and Archeology.
(d) Not less than ten days prior to the hearing date, place a placard, provided by the Building Inspector in a conspicuous location on the front of the building that will advise the public of the proposed hearing on demolition of the building.
(5) During the 30 days between the time application is made for demolition and the public hearing by the Common Council, the owner of a property proposed for demolition shall pursue and give due consideration to all possible alternatives to demolition, and shall make a good faith effort to accommodate reasonable requests from any interested parties for information about or access to the building for the purpose of evaluating alternatives to demolition.
(6) Any demolition permit issued pursuant to this chapter shall be valid for a period of six months from the date of issuance. If the demolition has not commenced within this six-month-period, then the owner shall be required to apply for a new permit and satisfy all notification requirements.
(7) If the Common Council approves application for a demolition permit, then the Building Inspector shall issue a demolition permit pursuant to § 94-227 of this chapter. Applicant shall pay the permit fee and furnish the bond as required by § 94-227 of this chapter.
(Ord. 2009-1626, passed 5-4-2009; Ord. 2017-1757, passed 9-5-2017)