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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)
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)
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)
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)
A. It shall be unlawful for any person to disobey, omit, neglect, or refuse to comply with any provision of this chapter. Upon conviction, such person shall be guilty of a municipal infraction. Each day that a violation is permitted to exist constitutes a separate offense.
B. The remedies provided for in this section shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. (Ord. 5057, 7-11-2011)
Any new structure in a historic district or preservation district shall conform to all setback requirements of the zone in which it is to be built or moved. If a historic landmark or a structure in a historic district or preservation district has lost fifty percent (50%) or more of its assessed value due to fire, explosion, act of God, or other natural disasters, it may be placed upon its original foundation or the site of the original foundation, and it shall be reconstructed as near as possible to the original exterior design. If the original foundation or site thereof is found to be noncompliant with the zoning ordinance in effect at the time, reconstruction shall require approval by the board of adjustment prior to beginning construction. (Ord. 5057, 7-11-2011)