§ 163.055 INTERIM PROTECTION.
   (A)   When submitting a map to the Common Council under this chapter, the Commission may declare one or more buildings or structures that are classified and designated as historic on the map to be under interim protection.
   (B)   Not more than two working days after declaring a building, structure or site to be under interim protection under this section, the Commission shall, by personal delivery or certified mail, provide the owner and occupant of the building, structure or site with a written notice of the declaration. For purposes of this section, only owners of record in the office of the County Assessor need be notified at their addresses of record according to said office. The written notice must:
      (1)   Cite the authority of the Commission to put the building, structure or site under interim protection under this section;
      (2)   Explain the effect of putting the building, structure or site under interim protection; and
      (3)   Indicate that the interim protection is temporary.
   (C)   A building or structure put under interim protection under this section remains under interim protection until the map is approved or rejected in an ordinance by the Common Council of the city. If the Common Council has not approved or rejected such an ordinance within 90 days after a building or structure is placed under interim protection, the Commission must reaffirm such interim protection status or it shall automatically cease. Interim protection may then continue up to an additional 90 days or until Common Council takes action on said ordinance as herein provided. Interim protection may only be reaffirmed one time, so that a building or structure may be under continuous interim protection for a maximum of 180 days. Once a building or structure ceases to be under interim protection, a one-year period must pass before it can again be placed under interim protection.
   (D)   While a building, structure or site is under interim protection under this section:
      (1)   The building, structure or site may not be demolished or moved; and
      (2)   The exterior appearance of the building, structure or site may not be conspicuously changed.
   (E)   The Commission may approve a certificate of appropriateness at any time during the interim protection; provided, the proposed change meets the criteria for considering effect of actions on historic buildings in § 163.056(E) and any proposed preservation guidelines prepared for the building, structure or site.
   (F)   The Historic Preservation Commission does not have authority to issue an interim protection order under this chapter once the city’s Enforcement Authority has initially determined a property to be an unsafe or blighted property and a prehearing order has been issued and recorded by the city’s Enforcement Authority in accordance with Chapter 153 of this code of ordinances and I.C. 36-7-9. After a pre-hearing order has been issued and recorded for a property, the city’s Enforcement Authority will seek a continuous enforcement order from the Unsafe Building Commission in accordance with Chapter 153 of this code of ordinances and I.C. 36-7-9. The city’s Historic Preservation Commission will not issue an interim protection order in accordance with this chapter for said property until such time as the property is brought into compliance as directed by a continuous enforcement order issued by the city’s Unsafe Building Commission under Ch. 153 of this code of ordinances and I.C. 36-7-9.
(Prior Code, § 158.01) (Ord. 15-2014, passed - -2014)