[Amended 11-18-2015 by L.L. No. 9-2015]
Any person or persons jointly or severally aggrieved by a decision
of the LPC with respect to the issuance or denial of a certificate
of appropriateness may, within 30 days from the date when a final
decision is filed in the office of the Town Clerk, appeal to the Town
Board for a review of such decision. Notice of such appeal shall be
in writing to the Town Board and the LPC and shall include a copy
of the official decision. The Town Board, upon receipt of such appeal,
shall hold a public hearing within 60 days. Notice of such hearing
shall be given to the LPC as well as the public. A legal notice shall
be published (in a newspaper having a circulation within the Town)
at least 20 days prior to the hearing date. The Town Board shall have
the power, within 30 days after such hearing, to affirm, modify or
reverse the decision appealed from.
A.
Maintenance and repair required. Nothing in this chapter shall be
construed to prevent the ordinary maintenance and repair of any exterior
architectural feature of a landmark or property within a historic
district which does not involve a change in design, material, color
or outward appearance.
B.
No owner or person with an interest in real property designated as
a landmark or included within a historic district shall permit the
property to fall into a serious state of disrepair so as to result
in the deterioration of any exterior architectural feature which would,
in the judgment of the LPC, produce a detrimental effect upon the
character of the historic district as a whole or the life and character
of the property itself. Examples of such deterioration include:
(1)
Deterioration of exterior walls or other vertical supports.
(2)
Deterioration of roofs or other horizontal members.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration or crumbling of exterior stucco or mortar.
(5)
Ineffective waterproofing of exterior walls, roofs or foundations,
including broken windows or doors.
(6)
Deterioration of any feature so as to create a hazardous condition,
which could lead to the claim that demolition is necessary for the
public safety.
The LPC shall have the power to issue an order, consistent with
this chapter, relative to preservation, maintenance and repair. When
such an order will involve excessive costs and/or personal hardship
to the individual owner(s), the LPC will make every effort to aid
in securing financial assistance to the owner(s) through existing
funding programs for qualified historical designations. Any order
of the Committee may be appealed from in the same method as herein
contained.
A.
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable by a fine not exceeding
$1,000 per day per violation or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.
[Amended 4-29-2020 by L.L. No. 3-2020]
B.
In addition to the foregoing provisions, the Town Board shall have
such other remedies for any violation or threatened violation of this
chapter as are now or hereafter shall be provided by law.
This chapter shall be known as the "Landmarks Preservation Ordinance."
