(A) Application. Any person desiring to obtain a certificate of appropriateness shall supply the following information and be subject to the following process:
(1) Applicant shall supply the Commission with their full contact information, drawings of the proposed work, photographs of the existing building or site and adjacent properties, information about the building materials to be used, specifics about the construction and any other information needed or requested by the Commission to make the determinations required by this chapter.
(2) The Commission shall hold a hearing on each certificate of appropriateness within 30 days after a completed application is received by the Commission. Applicants shall be given prior notice of the public meetings relating to their application and shall be given the opportunity to present evidence in favor of their application.
(3) The Commission shall approve or disapprove each application, and its decision shall be in writing with findings of fact supporting its decision using the criteria contained in this subchapter and the design guidelines for the district. The Commission may suggest modifications to an application and may then approve a certificate of appropriateness providing for revisions in the plans submitted.
(B) Enforcement. The regulations of the overlay district(s) shall be enforced by the city and the Commission as follows:
(1) A certificate of appropriateness shall remain valid for one year after it is issued. Work is required to start before the end of the one-year period. If the approved work has not been completed within two years after the certificate of appropriateness was issued, the Commission shall review the situation and may require an application for a certificate of appropriateness for the work that remains to be done.
(2) All work performed pursuant to a certificate of appropriateness shall conform to the provisions of such certificate. It shall be the responsibility of the city and the Commission to inspect from time to time any work being performed to assure such compliance.
(3) Stop work, injunction. In the event any construction is being performed without the required certificate of appropriateness, the city shall issue a stop work order. All work shall cease on the designated property. The Commission shall meet with the owner or tenant to resolve the problem. The City Attorney may seek in Circuit Court injunction and any other appropriate relief in order that the intent of this chapter shall be carried out.
(4) Any person who violates any of the provisions of this subchapter shall be fined not less than $100, nor more than $500 per day. Each day a violation continues shall be a separate violation, up to the following maximum penalties: $1,000 for a first offense, $2,000 for a second similar offense occurring within 12 months, $3,000 for a third similar offence occurring within 12 months.
(Ord. 7, Series 2022, passed 11-2-2022)