The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The person authorized to issue permits for the demolition
of structures.
The Chairperson of the Historical Commission or his designee.
The act of pulling down, destroying, removing or razing a
structure, or commencing the work of total or substantial destruction
with the intent of completing such destruction, and shall apply to
the exterior of the structure only.
The Historical Commission established by § 38-31 under the provisions of MGL c. 40, § 8D.
A structure shall be deemed to be significant for purposes
of this article if:
It is listed on the National Register of Historic Places; or
In the judgment of the Historical Commission, it is or may be
eligible for listing on the National Register of Historic Places under
the criteria applied to evaluate properties for possible inclusion
in the register, as set forth in Chapter I, Title 36, Code of Federal
Regulations, Part 60, § 60.6, as amended from time to time.
Whoever knowingly violates any provision of this article shall be punished by a fine as provided in § 1-15 of the City Code. Such fine shall in no way be deemed or considered to be or to create a lien or encumbrance of any kind upon or with respect to the real estate in issue.
The Historical Commission shall prepare, maintain and deposit
with the Building Inspector a written listing of structures in the
City determined by it, after nomination and hearing, to be significant
structures. This listing shall be called the "Fall River Register
of Significant Structures" and shall indicate, for each structure
listed on it, the date it was determined to be significant, the address
and location, and such further information as the Historical Commission
may, from time to time, deem desirable to include.
A nomination for the listing of any structure on the Fall River
Register of Significant Structures shall be made in the form of a
writing submitted to the Chairperson of the Historical Commission
signed by the owner of record, by a member of the Historical Commission,
or by 25 residents of the City. The following requirements for each
method must be met:
A.
The owner of record shall provide the property location and all pertinent
information and history regarding such structure that is available
to the owner, and the reason for the request.
B.
Members of the Historical Commission shall provide the property location,
with a description of the structure, and the reason for the request.
C.
The petition of 25 City residents shall provide the property location
by street address, Assessor's plat and lot number, owner of record,
narrative description of the property, and reason for nomination.
Any nomination by this method is limited to 25 structures per petition.
A nomination under the provisions of this article shall by itself
have no effect on the issuance of any demolition or other permit applied
for with respect to the structure which is the subject of such nomination.
No structure may be listed on the Fall River Register of Significant
Structures other than pursuant to the procedures set forth in this
article.
The Chairperson of the Historical Commission and the Building
Inspector are each specifically and individually authorized to institute
any and all actions and proceedings in law or in equity as they may
deem necessary and appropriate to obtain compliance with the requirements
of this article and to prevent any violation thereof.
The notice requirements of this article shall not apply in the
case of an imminent and serious danger to the safety of the public.
