(A) The purpose of this section is to preserve historic buildings that are important to the education, culture, traditions and economic values of the City of New Albany and to afford the city, historical organizations and other interested persons the opportunity to acquire or to arrange for preservation of these buildings.
(B) If a property owner shows that a historic building is incapable of earning an economic return on its values, as appraised by a qualified real estate appraiser, and the Commission fails to approve the issuance of a certificate of appropriateness, the building may be demolished. However, before a demolition permit is issued or demolition proceeds, notice of the proposed demolition must be given for a period fixed by the Commission, based on the Commission's 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 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 the demolition, with the first publication not more than 15 days after the application for a permit to demolish is filed, and the final publication at least 15 days before the date of the permit.
(C) The Historic Preservation Commission may approve a certificate of appropriateness at any time during the notice period hereunder. If the certificate of appropriateness is issued by the Preservation Commission, a demolition permit shall be issued without further delay.
(D) Any applicant wishing to appeal the decision or determination of the Historic Preservation Commission's proposed action, fine, or determination may elect to initiate a mediation process before filing suit. The applicant may submit such notice of appeal and initiate the Mediation Panel in writing to the Historic Preservation Commission under the following conditions:
(1) Notice is given in writing by the applicant to the Historic Preservation Commission within seven days after the decision is issued;
(2) The Historic Preservation Commission will notify the Mediation Panel Chairperson or Secretary by phone or email to initiate the mediation panel process;
(3) The Mediation Panel will review the complaint and attempt to resolve the matter through the participation of the Mediation Panel; and
(4) The Mediation Panel shall consist of five members as follows:
(a) The presiding President of the New Albany Common Council;
(b) The Common Council Member of the district that is the subject of the complaint being filed, except:
1. If the Council Member from the district is on the Plan Commission, then the elected Council representative on the Redevelopment Commission shall serve instead.
2. The Common Council liaison to the Historic Preservation Commission shall not serve on the Mediation Panel.
(c) The Chairperson of the Historic Preservation Commission;
(d) The Administrator of the Historic Preservation Commission; and
(e) The Building Commissioner of the City of New Albany.
(5) The Mediation Panel cannot overrule the decision of the Historic Preservation Commission and its purpose is to attempt in good faith to mediate and settle contested decisions by the Historic Preservation Commission so as to minimize lawsuits.
(6) The Mediation Panel will convene and attempt to mitigate the decision and issue to the applicant its findings or any proposed settlement within ten days of receiving a notice from the Historic Preservation Commission.
(7) The Mediation Panel members will not receive compensation for service in this capacity.
(8) At the first meeting of each year, the Mediation Panel will select a Chairperson, Vice Chairperson, and Secretary to serve those respective functions for the Mediation Panel.
(9) Nothing in this section shall be construed to abridge or interfere with either an applicant's or the Historic Preservation Commission's rights and responsibilities.
(10) The mediation session shall be a closed door session not open to the public.
(11) The information obtained during the mediation process cannot be used at trial and no participant of the mediation panel may be called to testify about anything divulged during the mediation discussion at any later legal proceedings.
(Ord. G-99-334, passed 6-28-1999; Ord. G-11-03, passed 3-7-2011)