9-8-4: MEETINGS:

   A.   A quorum shall consist of a simple majority of all members of the commission.

   B.   The commission shall hold at least one public meeting each month, unless there is no business to transact, at such times as the commission shall establish in its bylaws.

   C.   The commission shall transact business at regular meetings, or at special meetings held only when the chair or three (3) members declare a need exists. One day written or oral notice to the members of the time, place, and reason(s) for said meeting must be given. Further notice to the public shall be posted at least twenty four (24) hours in advance of the meeting.

   D.   All regular and special meetings of the commission shall be open to the public, and any person shall be entitled to appear and be heard on a matter before the commission reaches its decision.

   E.   Except as otherwise set forth in this chapter, written notice to the general public of any meeting or hearing shall be posted at least twenty four (24) hours in advance of the meeting or hearing. Except as otherwise set forth in this chapter, written notice to an applicant or other specific person required by this chapter shall be mailed by first class mail no less than four (4) days in advance of the meeting or hearing to the recipient's last known address or the address as it appears in the records of the county auditor. Failure to send notice by mail to any person entitled to notice shall not invalidate any proceedings that occur at the meeting or hearing for which notice is given if the address of such person is not known or does not appear in the county auditor's records.

   F.   Members of the commission shall attend at least two-thirds (2/3) of all regular and special scheduled meetings within any twelve (12) month period. If any member attends fewer meetings, it may constitute grounds for the commission to recommend to the city council that the member be replaced. Attendance of all members shall be entered in the minutes.

   G.   No commission member shall participate in the discussion or vote on any matter that has the appearance of a current or anticipated, direct or indirect, financial or material effect on his or her property, income, or business interests or on the property, income, or business interests of any person related to a member by blood or marriage within the third degree of consanguinity. The commission member shall be responsible for notifying the chair and secretary of a possible conflict of interest prior to the commission taking any action on the matter. (Ord. 5057, 7-11-2011)

9-8-5: COMMISSION POWERS AND DUTIES:

The commission shall have the following duties and may exercise the following powers:

   A.   Shall adopt its own bylaws or procedural regulations consistent with state and federal guidelines.

   B.   Shall maintain a system for and conduct an ongoing identification and evaluation of historically, archaeologically, culturally, and architecturally significant buildings, structures, objects, sites and districts and shall establish and oversee a property inventory that complies with the property inventory of the state of Iowa and is available for public inspection and use.

   C.   May research and recommend to the city council the adoption of ordinances designating buildings, structures, sites, objects, or areas as historic landmarks.

   D.   May research and recommend to the city council the adoption of ordinances designating areas as historic districts or preservation districts.

   E.   Shall keep a register of all buildings, structures, objects, sites, and districts that have been designated as historic landmarks or historic districts. The register shall include all information required for each designation.

   F.   May determine an appropriate system of markers for designated historic landmarks, historic districts and preservation districts.

   G.   In addition to funds regularly budgeted to the commission each year, may request from the city council funds for the operation of programs that meet the purposes and intent of this chapter. The commission may also apply for grants or seek other funding for these operations.

   H.   Shall from time to time establish written design standards and/or guidelines, subject to approval by the city council, which approval shall be by resolution.

   I.   Shall review and make decisions on any applications for certificates of no material effect, certificates of appropriateness, or certificates of economic hardship, and shall require presentation of such plans, drawings, elevations, and other information as may be necessary to make such decisions.

   J.   Shall review actions or activities that are subject to city regulation and that affect proposed or designated buildings, structures, objects, and sites, or buildings, structures, objects and sites within historic districts or preservation districts, including, but not limited to, zoning amendments, proposed plats, applications for special use permits, and applications for zoning variances, and after review, submit a recommendation to the appropriate city board or commission.

   K.   Shall make a recommendation to the state historic preservation officer for the listing of a historic district or historic landmark in the national register of historic places and shall conduct a public hearing thereon.

   L.   May promote public interest in the purposes described in this chapter by carrying on a public education program, which can include:

      1.   Assisting and encouraging any organization or individual that desires to protect, enhance or preserve the use of structures, sites and areas of historic and/or cultural significance;

      2.   Encouraging and assisting in the establishment of educational and cultural programs, tours and events to advance the purpose described in this chapter;

      3.   Encouraging and assisting in the use of incentive programs, historic preservation techniques, and historic preservation resources that aid property owners and residents in the preservation of their historic and/or culturally significant structures or districts;

      4.   Making recommendations to the city council and city commissions and boards on preservation issues when appropriate.

   M.   May, subject to approval of the city council:

      1.   Acquire by purchase, bequest, or donation total or lesser ownership or possessory interests in historic properties, including properties adjacent to or associated with historic properties;

      2.   Preserve, restore, maintain, and operate historic properties under the ownership or control of the commission;

      3.   Lease, sell, and otherwise transfer or dispose of historic properties, including properties subject to rights of public access or other covenants, in a manner that will preserve such properties;

      4.   Cooperate with the federal, state, and local governments in pursuance of the objectives of historic preservation, and enter contracts with federal, state, or local governments or other organizations to carry out the purposes and intent of this chapter;

      5.   Accept unconditional gifts and donations of real and personal property, including money, for the purpose of historic preservation.

   N.   May exercise any other power or undertake any other duty authorized by the city council. (Ord. 5057, 7-11-2011)

9-8-6: IDENTIFICATION AND DESIGNATION OF HISTORIC LANDMARKS, HISTORIC DISTRICTS AND PRESERVATION DISTRICTS:

   A.   Nomination:

      1.   Historic Landmarks: The nomination of historic landmarks shall be made by the property owner, the commission, or any other person or organization.

      2.   Historic Districts: The nomination of historic districts shall be made by an owner of record of property within a proposed historic district, the commission, or any other person or organization. The nomination shall be supported by the written consent of no less than twenty five percent (25%) of the record owners of properties in the proposed historic district.

      3.   Preservation Districts: The nomination of preservation districts shall be made by an owner of record of property within a proposed preservation district, the commission, or any other person or organization. The nomination shall be supported by the written consent of no less than twenty five percent (25%) of the record owners of properties in the proposed historic district.

   B.   Content Of Landmark Nominations: All nominations shall be made on forms supplied by the commission. Nominations must be complete when submitted to the commission. An incomplete nomination will be returned to the applicant. A landmark nomination must contain the following:

      1.   A completed Iowa site inventory form with all attachments or a national register of historic places nomination form for a property listed on the national register;

      2.   Photographic documentation of the property at the time of nomination;

      3.   A scale map showing the location of the property within the city at the time of nomination;

      4.   A scale map of the property showing the proposed boundaries, extant buildings, structures, objects, and sites within the property at the time of nomination;

      5.   Statements and documentation that the property meets one or more of the historic significance criteria.

   C.   Content Of District Nominations: All nominations for historic districts and preservation districts shall be made on forms supplied by the commission. Nominations must be complete when submitted to the commission. An incomplete nomination will be returned to the applicant. A district nomination must contain the following:

      1.   Completed Iowa site inventory forms with all attachments for all buildings, structures, objects, and sites within the proposed district or, for a historic district only, a national register of historic places nomination form for a historic district listed on the national register;

      2.   Photographic documentation of all properties in the proposed district at the time of nomination;

      3.   A scale map showing the location of the proposed district within the city at the time of nomination;

      4.   A scale map of the proposed district showing the proposed boundaries, extant buildings, structures, objects, and sites within the district at the time of nomination;

      5.   A list of names and addresses of owners of record of all properties within the district; and

      6.   Statements and documentation that the proposed district meets one or more of the historic significance criteria.

   D.   Procedure:

      1.   Public Review: All nominations shall be available for public review at city hall.

      2.   Notice Of Public Hearing: Written notice of a public hearing before the commission on a nomination shall be sent by regular mail not less than four (4) nor more than twenty (20) days prior to the hearing, addressed to the person making the nomination and to each owner of record of the nominated historic landmark or to each owner of record of property within a nominated historic district or preservation district. Written notice shall also be posted at least twenty four (24) hours prior to the public hearing. Failure to send notice by mail to any property owner entitled to notice shall not invalidate any proceedings in connection with the proposed designation if the address of such person is not known or does not appear in the county auditor's records. Written notice shall specify the date, time, place, and purpose of the public hearing and shall include a visual depiction of the area included within any proposed district.

      3.   Public Hearing Before Commission: Within sixty (60) days after receipt of a completed nomination in proper form, the commission shall hold a public hearing. Oral or written testimony concerning the significance of the nominated historic landmark, historic district or preservation district shall be taken from any interested person. The commission may request expert testimony, consider staff reports, present its own evidence, and conduct such other investigation as it deems necessary regarding compliance of the nominated historic landmark, historic district or preservation district with the review criteria set forth in this section. The owner of any nominated historic landmark or of any property within a nominated historic district or preservation district shall be allowed a reasonable opportunity to present evidence and to cross examine expert witnesses.

      4.   Determination By Commission: Within thirty (30) days after the close of the public hearing, the commission shall make a determination upon the evidence as to whether the nominated historic landmark, historic district or preservation district meets one or more of the historic significance criteria. If the nominated landmark or district meets one or more of the criteria, the commission will recommend designation. If the nominated landmark or district does not meet the criteria, the commission will not recommend designation. The commission's determination shall be made in an open meeting by resolution of the commission and shall be reduced to the form of a written report that states the findings of fact constituting the basis of the determination. The commission's recommendation of designation and its supporting report shall be filed with the planning, programming, and zoning commission. The commission shall also transmit to the planning, programming, and zoning commission a proposed ordinance or amendment establishing such historic landmark, historic district or preservation district and describing its location and boundaries by address and legal description.

      5.   Review By SHPO: A proposed ordinance or amendment of designation of a historic landmark, historic district or preservation district shall be submitted to SHPO for review and comment within three (3) days of the commission's transmittal of same to the planning, programming and zoning commission. The city shall make any SHPO recommendations available to the public for viewing during normal working hours at a city government place of public access.

      6.   Action By Planning, Programming And Zoning Commission: Within sixty (60) days of receipt of the commission's recommendation, report, and proposed ordinance or amendment, the planning, programming and zoning commission shall report to the city council with respect to the relation of such nomination to the general development plan, zoning ordinance, proposed public improvements, and any plans for the renewal of the area involved. A written copy of this report shall be submitted to the historic preservation commission. Upon submission of the report of the planning, programming and zoning commission, or upon expiration of the sixty (60) day period, whichever occurs first, the matter shall be transmitted to the city council. If the planning, programming and zoning commission alters the area of the proposed district as approved by the historic preservation commission, the planning, programming and zoning commission must submit a description of the altered proposed area to SHPO and the historic preservation commission for further review and recommendations concerning the altered proposed district.

      7.   Removal From Consideration: At any time before the city council adopts an ordinance or amendment to establish a proposed historic district or preservation district, the proposal shall be withdrawn from further consideration if a petition objecting to such proposal is filed with the city clerk containing the signatures of at least fifty percent (50%) of the owners of property within the proposed new district or, in the case of an existing district that is proposed to be enlarged, at least fifty percent (50%) of the owners of property within the existing district and the area proposed to be added thereto.

      8.   Action By City Council:

         a.   Upon receiving the recommendation of SHPO and upon either the receipt of the recommendation of the planning, programming, and zoning commission or the lapse of the sixty (60) day period referred to in subsection D6 of this section, the city council shall conduct a public hearing on the ordinance or amendment establishing the proposed historic landmark, historic district or preservation district.

         b.   After public hearing, the city council may approve or disapprove the ordinance or amendment or return the nomination to the historic preservation commission for modification. A modified nomination shall require compliance with the same procedure for designation as set forth above, with the following exceptions:

            (1)   Unless substantial modifications are proposed, the public hearing before the historic preservation commission may be waived by said commission. For purposes of this subsection D8b(1), a "substantial modification" to a proposed historic district or preservation district is one that would add or remove an area of land that is at least ten percent (10%) of the area originally proposed for inclusion in such district, or that would, in the reasonable judgment of the commission, alter the purpose or integrity of such district, and a "substantial modification" to a proposed historic landmark is one that would, in the reasonable judgment of the commission, alter the purpose or integrity of such landmark.

            (2)   Only the property owners affected by the city council's proposed modification shall be notified by mail of the proposed modification prior to action by the historic preservation commission.

         c.   City council approval of the ordinance or amendment shall constitute designation of the historic landmark, historic district or preservation district. The designation will be forwarded to the city clerk for recording, and the designation and nomination will be filed in the city's property inventory.

   E.   Amendment Or Rescission Of Designation: Any designation made pursuant to this chapter may be amended or rescinded in the same manner as the original designation was made. An amendment of designation of a historic landmark, a historic district or a preservation district may occur if one or more buildings, structures, objects or sites are added. A rescission of designation may occur if the historic landmark, historic district or preservation district no longer meets the historic significance criteria due to subsequent discovery of information relating to the historic significance or due to destruction of the historic property by act of God or other unintentional cause.

   F.   Extension Of Time: Whenever any provision of this chapter requires any governmental body, within a prescribed period of time, to make a determination or to perform any act in relation to a nomination, the applicant and the commission may extend such period by mutual written consent of the involved parties, which consent shall be kept on file with the official record of the proceedings. (Ord. 5057, 7-11-2011)

9-8-7: ALTERATION OF HISTORIC LANDMARKS, HISTORIC DISTRICTS AND PRESERVATION DISTRICTS:

   A.   Any proposed alteration or activity that will affect a historic landmark or a building, structure, object, or site within a historic district or preservation district, and for which a regulated permit or site plan approval is required, or which affects any landscaping, door, window, or screen, regardless of whether a regulated permit is required, shall be reviewed by the commission. Notwithstanding the foregoing, nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any historic landmark or structure or site within a historic district or preservation district where such maintenance or repair does not involve a material change in appearance that necessitates issuance of a regulated permit or site plan approval or that does not involve a material change in appearance as a result of any alteration of or to landscaping or a door, window, or screen.

   B.   The commission shall also review any proposed demolition for which a regulated permit is required if the proposed demolition affects a building, structure, object, or site that has not been locally designated as a historic landmark but: 1) is then under review pursuant to a filed nomination for designation, 2) has been listed on the national register of historic places, 3) for which a national register of historic places nomination is on file with the commission, or 4) has been determined as eligible for listing on the national register of historic places by SHPO.

   C.   No regulated permit or site plan approval with respect to a historic landmark or a building, structure, object, or site within a historic district may be issued prior to review by the commission and filing of a certificate of no material effect, a certificate of appropriateness, or a certificate of economic hardship. Upon review, the commission shall have authority to deny any application or to grant any of such certificates.

   D.   In cases where a historic landmark or a building, structure, object, or site within a historic district or preservation district may be located in an area subject to review by a separate board, commission or other body in the city of Waterloo, the commission shall, in connection with making its final decision, hear and consider the recommendations of such board, commission, or body. (Ord. 5057, 7-11-2011)

9-8-8: PROCEDURE FOR REVIEW; ISSUANCE OF CERTIFICATES OF NO MATERIAL EFFECT, APPROPRIATENESS, AND ECONOMIC HARDSHIP:

   A.   Application For A Regulated Permit: Application for a regulated permit shall be made to the appropriate city official. The application shall state whether the proposed alteration or activity is to be done to a historic landmark or to a building, structure, object, or site in a historic district or preservation district. The appropriate city official shall verify the determination and notify the applicant if an application for a certificate of appropriateness is required. An application for certificate of appropriateness shall be on a form prescribed by the city, shall be completed, and shall include all supporting drawings, sketches, photographs, and/or other information the city determines is necessary for considering the application, including, but not limited to, the following:

      1.   Site plan or improvement plan, with proposed building elevations (drawn to scale).

      2.   Photographs of existing and historic building conditions.

      3.   Product literature and specifications.

      4.   Samples of proposed materials and colors.

Upon filing of an application for a certificate of appropriateness, the appropriate city official shall promptly transmit the application and all supporting materials to the commission. The commission will not consider an incomplete application.

   B.   Alterations Not Requiring A Regulated Permit: If any proposed alteration or activity that will affect a historic landmark or building, structure, object, or site within a historic district or preservation district does not require a regulated permit but does affect landscaping or any door, window, or screen for a door or window, then an application for a certificate of appropriateness shall be filed with the city's planning, programming and zoning office, which shall transmit the application to the commission.

   C.   Certificate Of No Material Effect: A certificate of no material effect may be issued if an application for a certificate of appropriateness demonstrates compliance with design standards and guidelines, provided that the proposed work or activity will not result in a material change in appearance or, with respect to preservation districts only, will result in an alteration that is not visible from the public right of way. The commission may, in its bylaws, delegate to one or more commission officers, a committee of the commission, or to an appropriately qualified city employee the responsibility for determining whether the application qualifies for a certificate of no material effect. If the application so qualifies, the recommendation of the designated persons or committee shall be placed on a consent agenda for action at the next regularly scheduled commission meeting. The applicant shall be notified of the time, date, and place of said meeting. A certificate of no material effect shall be issued within three (3) days of the meeting at which the application is approved, and the commission shall notify the city official from whom the applicant sought a regulated permit. If an application does not demonstrate eligibility for issuance of a certificate of no material effect, then the commission shall review the application as an application for a certificate of appropriateness, and the applicant shall be notified of the time, date, and place of the meeting at which the application will be considered.

   D.   Certificate Of Appropriateness:

      1.   Review Criteria: A certificate of appropriateness may be issued if: a) an application demonstrates compliance with design standards and guidelines and b) the proposed work or activity in creating, changing, destroying, or affecting the exterior features of the building, structure, object, or site upon which the work is to be done will not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of either the property itself or of the neighboring properties in a historic district or preservation district.

      2.   Hearing: The commission shall hold a public hearing on an application for a certificate of appropriateness within thirty (30) days after the completed application was filed, unless the applicant consents to a later hearing date. The applicant shall be notified of the time, date, and place of the hearing. If a historic landmark or a building, structure, object, or site within a historic district or preservation district is located in an area subject to an independent body of review, such as Main Street Waterloo, the commission will hear the recommendations, if any, of said independent body of review and will consider the recommendations when making its final decision.

      3.   Action On Application: The commission may approve the application as submitted, deny it as submitted, or approve it with conditions. The commission may propose appropriate revisions to the application, which, if adopted, would cause the commission to reconsider its denial. If the application is approved, a certificate of appropriateness shall be issued within three (3) days of the commission's decision. If the commission denies the application, it shall adopt written findings and conclusions within thirty (30) days of the hearing date and shall notify the applicant in writing of its denial. Within three (3) days of its decision, the commission shall notify the city official from whom the applicant sought a regulated permit, and in the event an application is approved subject to conditions, the conditions shall be noted on the permit. The applicant may modify the proposed project and shall have the right to resubmit a modified proposal at any time, but if an application is denied, a subsequent application for the same proposed alteration or activity may not be submitted within ninety (90) days of the date of denial.

   E.   Certificate Of Economic Hardship: Following denial of an application for a certificate of appropriateness, an applicant may apply for a certificate of economic hardship on a form prescribed by the city.

      1.   Basis For Issuance: A certificate of economic hardship may be issued if: a) an application for a certificate of appropriateness has been denied and b) the commission determines after hearing that disapproval of the proposed alteration or activity would deprive the property owner of all reasonable economic return from the property. In considering whether the property owner would be deprived of all reasonable economic return from the property, the commission shall deny the certificate of economic hardship where the inability to realize any reasonable economic return from the property has been created by the property owner's conduct, including, but not limited to, neglect of maintenance or absence of bona fide attempts to earn a reasonable economic return from the property. The determination of economic hardship shall be made solely with reference to the property, independent of the type of ownership or the financial status or means of the owner.

      2.   Standards For Determination: The applicant shall provide any information that the commission deems necessary for making a determination as to whether the property yields or may yield a reasonable economic return, which information may include, but is not limited to, the following:

         a.   The amount paid for the property, the date of purchase, and the identity of the seller and description of the seller's relationship to the applicant.

         b.   Any appraisals of the property made within the previous two (2) years for purposes of selling, purchasing or financing.

         c.   The property's assessed value according to the two (2) most recent assessments.

         d.   The amount of real estate taxes for the previous two (2) years and proof that they have been paid.

         e.   The annual gross income from the property for the previous two (2) years, itemized expenses for operation and maintenance, and cash flow before and after debt service. This information need not be provided for any single-family, owner occupied property.

         f.   Any state or federal income tax returns on or relating to the property for the previous two (2) years.

         g.   The remaining balance on any financing secured by the property and other debt service, if any, for the previous two (2) years.

         h.   Any listing of the property for sale or rent within the previous two (2) years, including price asked and offers received.

         i.   Estimated cost of proposed work or activity and an estimate of any additional cost that would be incurred in complying with the commission's recommendation for conditions necessary for issuance of a certificate of appropriateness.

         j.   The property's estimated market value in its current condition, after completion of the proposed alteration or activity, after any changes proposed by the commission, and, in the case of demolition, after renovation of the property for continued use.

         k.   A report from a licensed professional architect or engineer with demonstrated experience in historic property rehabilitation as to the structural soundness of any structure and its suitability for rehabilitation.

         l.   A showing of the applicant's efforts at ongoing maintenance and repair.

         m.   Proof of the applicant's efforts to obtain financing, tax incentives, grants, or other funding sufficient to allow the applicant to realize a reasonable economic return from the property.

      3.   Hearing: The commission shall hold a public hearing on an application for a certificate of economic hardship within sixty (60) days after the completed application was filed, unless the applicant consents to a later hearing date. The applicant shall be notified of the time, date, and place of the hearing. The commission shall receive and review evidence and hear testimony from the applicant or witnesses. The commission may solicit expert testimony or require that the applicant submit additional information.

      4.   Action On Application: Within thirty (30) days after closure of the hearing, the commission shall complete its evaluation of economic hardship, applying the standards set forth in subsection E2 of this section, and shall adopt written findings and conclusions. The commission shall either approve the issuance of a certificate of economic hardship or deny it. The commission shall notify the applicant in writing of its decision and shall concurrently notify the city official from whom the applicant sought a regulated permit. If the application is approved, a certificate of economic hardship shall be issued within three (3) days of the commission's decision.

   F.   Demolition:

      1.   Form Of Request: A request to demolish a historic landmark or a building, structure, object or site in a historic district or preservation district or a structure identified in subsection 9-8-7B of this chapter shall be submitted as an application for a certificate of economic hardship, subject to all requirements and procedures set forth in this section.

      2.   Preservation Plan: After an application is filed, the commission and the applicant shall work together in good faith to develop a plan to preserve or rehabilitate the property. If a mutually agreeable plan is developed, it shall be reduced to writing, signed by the applicant, and approved by the commission. Upon approval of a preservation plan, the commission shall issue a certificate of appropriateness that incorporates the plan by reference, and a copy of the plan shall be appended to the certificate. If a preservation plan is not developed within sixty (60) days after the application is filed, the commission shall either deny the application or shall table the application for an additional period of six (6) months. At the end of the six (6) month period, the commission shall approve the application and issue a certificate of economic hardship if it is satisfied that the applicant has made continuing, bona fide, and reasonable efforts to locate a purchaser to preserve, rehabilitate or restore the property, and that such efforts have been unsuccessful. Notwithstanding the failure to develop a preservation plan, and at any time before conclusion of the six (6) month period, the commission may approve the application and issue a certificate of economic hardship if the commission is satisfied that there is no reasonable likelihood that the applicant or some other person is willing to preserve, rehabilitate or restore the property or to purchase the property for such purpose.

      3.   Property Acquired By Eminent Domain: If the property proposed to be demolished is a property that was acquired by eminent domain, after consideration of all the circumstances the commission may at any time waive the requirements of this section and issue a consent to demolish, which shall have the effect of a certificate of economic hardship.

      4.   Bond Required: The applicant shall post a bond in an amount set by the commission or the city council, as appropriate, to ensure complete removal of debris left by the demolition process and to compensate for any damage done to adjacent properties. The bond shall be posted before the approved certificate is issued. The commission may waive this requirement with respect to any property owned by a federal, state, or local governmental body.

      5.   Documentation: In connection with approval of any certificate of economic hardship under this subsection F, the commission may require as a condition to issuance of a certificate the allowance of a reasonable period in which to make a photographic, video or other suitable record of the property before it is demolished.

   G.   Future Effect: The commission's approval of a particular type of alteration, work, or activity, whether as a result of issuance of a certificate of no material effect, a certificate of appropriateness, or otherwise, shall not establish a binding precedent for future commission action, but it may be an additional factor to be considered in subsequent reviews involving the same or a similar type of alteration, work, or activity.

   H.   Time Limitation: Each certificate of no material effect, certificate of appropriateness, or certificate of economic hardship shall expire and become null and void if the alteration for which the certificate was issued is not initiated within one year of its issuance. (Ord. 5057, 7-11-2011)

9-8-9: APPEALS FROM COMMISSION ACTION:

   A.   Appeal To City Council: An aggrieved party may appeal the commission's final action to the city council by filing a written notice of appeal with the city clerk within thirty (30) days after the date of notice of the commission's action. The notice of appeal shall identify the applicant, the date of the commission's action, and the ground of the appeal. The city council shall consider only the record of the action before the commission, and no new matter may be considered. The city council may affirm or reverse the commission's action, or may refer the matter back to the commission for such further action as may be appropriate. The city clerk shall give written notice of the city council's decision within seven (7) days of same to the appellant and the commission.

   B.   Appeal To District Court: An appellant who is not satisfied by the decision of the city council may file an appeal in the district court for Black Hawk County within sixty (60) days of the city council's decision.

   C.   Standard Of Review: In any appeal, the city council or the district court, as the case may be, shall consider whether the commission exercised its powers and followed the guidelines established by law and by this chapter and whether the commission's action was patently arbitrary and capricious. (Ord. 5057, 7-11-2011)

9-8-10: REMEDY OF DANGEROUS CONDITIONS:

   A.   Except for emergencies as determined by the building official pursuant to city ordinance, city enforcement agencies and departments shall give the commission at least thirty (30) days' notice of any proposed order for remedying conditions determined to be dangerous to life, health, or property that may affect the exterior features of any historic landmark or any building, structure, object, or site in a historic district or preservation district.

   B.   The commission shall have the power to require that alterations not adversely affect the exterior features of a building or structure in cases where the danger to life, health, or property may be abated without detracting from its exterior features. In such cases, it shall be the responsibility of the commission and the city enforcement agency or department to cooperate with the property owner in an attempt to achieve a preservation plan whereby the dangerous conditions will be corrected with minimal adverse impact on exterior features. Such plan shall be approved by the commission and shall be signed by the chair of the commission, the property owner, and the head of the city enforcement agency or department.

   C.   If a preservation plan acceptable to the commission, the property owner, and the city enforcement agency or department cannot be reached within thirty (30) days or a period of time acceptable to the city enforcement agency or department, the agency or department shall proceed to issue and enforce its proposed order. (Ord. 5057, 7-11-2011)

9-8-11: COMPLIANCE WITH CERTIFICATE:

   A.   After a certificate has been issued and a regulated permit, if required, is granted to the applicant, the building official or other local authority shall from time to time inspect the work authorized and shall take such action as is necessary to enforce compliance with the certificate. Commission members may from time to time inspect the authorized work, from the public right of way, and shall advise the building official or other local authority as necessary to enforce compliance with the certificate.

   B.   If it is found that such work is not being carried out in accordance with the certificate, the building official shall issue a stop work order.

   C.   Any change in appearance at variance with that authorized by the certificate shall be deemed a violation of these regulations. (Ord. 5057, 7-11-2011)

9-8-12: FEES:

Upon submission of an application for a certificate of appropriateness or a certificate of economic hardship, or upon the filing of an appeal to the city council from final commission action, the applicant shall pay a fee in an amount determined from time to time by resolution of the city council. Filing fees received for applications and appeals shall be deposited in a dedicated fund for historic preservation activities and used solely for such purposes. (Ord. 5057, 7-11-2011)