SEC. 1004.4. APPEAL TO BOARD OF SUPERVISORS.

   If the HPC disapproves the proposed designation, such action shall be final, except upon the filing of a valid appeal to the Board of Supervisors within 30 days by a protest subscribed by the owners of at least 20 percent of the property proposed to be designated, or by any governmental body or agency, or by an organization with a recognized interest in historical preservation; provided, however, that if the proposal was initiated by the Board of Supervisors, the Clerk of the said Board shall be notified immediately of the disapproval without the necessity for an appeal.

   (a)   Hearing. The Board of Supervisors shall hold a public hearing on any such proposal appealed to it or initiated by it, after due notice to the owners of the property included in the proposal and any applicant(s), and such other notice as the said Board may deem necessary.

   (b)   Decision. The Board of Supervisors may overrule the HPC and approve, or modify and approve, the designation by a majority vote of all its members.

   (c)   Resubmission, Reconsideration. If a proposal initiated by application has been disapproved by the HPC or by the Board of Supervisors, no subsequent application that is the same or substantially the same may be submitted or reconsidered for at least one year from the effective date of final action of the original proposal.

(Formerly codified as Sec. 1004.5; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

(Former Sec. 1004.4 added by Ord. 27-67, App. 1/26/67; redesignated as current Sec. 1004.3 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY

Former Sec. 1004.5 redesignated as current Sec. 1004.4; undesignated introductory paragraph and divisions (a), (b), and (c) amended; Ord. 94-12, Eff. 6/20/2012.