This chapter shall be known as the "City of Arcadia Historic
Preservation Ordinance."
The purposes of this chapter are to:
A. Promote the health, prosperity, safety and welfare of the people
of the City of Arcadia by protecting, promoting, enhancing and perpetuating
improvements and sites in the City which represent or reflect elements
of the City's cultural, social, economic, political and architectural
history.
B. Safeguard the City's cultural heritage, as embodied and reflected
in historic structures and historic sites.
C. Foster civic pride in the City's past notable accomplishments.
D. Stabilize and improve property values.
E. Protect and enhance the City's attractiveness to residents, tourists
and visitors to support and stimulate business and industry.
F. Improve and enhance the visual and aesthetic character of the City.
G. Educate the public regarding the desirability of a historic preservation
program and its enhancement of the quality of life.
As used in this chapter, the following terms shall have the
meanings indicated:
CERTIFICATE
The permit issued by the Commission which authorizes constructing
an improvement on, or making other alterations to, a historic site
or authorizes altering, rehabilitating, reconstructing or demolishing
a historic structure.
CITY
The City of Arcadia, located in the County of Trempealeau,
State of Wisconsin.
COMMISSION
The Historic Preservation Commission created under this chapter.
COMMON COUNCIL
The local legislative body, as that term is defined in § 66.1331(3)(f),
Wis. Stats., of the City.
HISTORIC SITE
Any unimproved parcel of land in the City which is historically
significant and which is listed on the National Register of Historic
Places or the Wisconsin Register of Historic Places.
HISTORIC STRUCTURE
Any improvement, along with the improved parcel on which
it is located, which has a special character or special historic interest
or value as part of the development, heritage or culture of the City,
state or nation and which is listed on the National Register of Historic
Places or the Wisconsin Register of Historic Places.
IMPROVED PARCEL
The smallest unit of property which is treated as a single
entity for the purpose of levying real estate taxes and on which is
located an improvement.
IMPROVEMENT
Any valuable addition made to property in the City or an
amelioration of the property's condition, which requires labor or
capital, and which is intended to enhance the property's value, beauty,
or utility, or to adapt the property for new purposes. "Improvement"
does not include mere repairs, maintenance, and removal of waste.
Pursuant to the authority granted by § 62.23(7)(em),
Wis. Stats., the City hereby creates a Historic Preservation Commission.
The Historic Preservation Commission shall consist of the members
of the City Plan Commission created pursuant to the authority granted
by § 62.23(1)(a), Wis. Stats.
The City Building Inspector shall not issue a building permit
for construction on a site or for alteration, demolition, or removal
of a structure for which an application has been made to include the
structure or site on the National Register of Historic Places or the
Wisconsin Register of Historic Places. Notwithstanding the foregoing,
the City Building Inspector shall issue a building permit if directed
by a resolution adopted by the Common Council as necessary for the
public health, welfare or safety.
Any person violating any provision of this chapter may be required
to forfeit not more than $200 for each violation. Each day during
which a violation continues shall be deemed a separate violation.
The City Building Inspector shall issue notices of violations to the
owner of the historic site or historic structure requiring that the
owner correct the violation within a specified period of time. If
the violation remains uncorrected after the time specified in the
notice, the City may, at its election, impose a forfeiture or correct
the violations at its own expense and have a lien, equal to the cost
of the repairs, applicable forfeitures and administrative costs, placed
against the property.
If the Building Inspector determines that an emergency condition exists which endangers life, health or any property included in a historic structure or historic site, the Building Inspector may order, without the Commission's approval, that the owner correct the emergency condition. If the owner fails to correct the emergency condition within the time specified in the Building Inspector's order, the Building Inspector may correct the emergency condition at the City's expense and have a lien, equal to the cost of the repairs, applicable forfeitures and administrative costs, placed against the property. The Building Inspector shall promptly notify the Common Council of any action the Building Inspector orders the owner to take and of any action the Building Inspector takes to correct the emergency condition. When the emergency condition does not require demolition, the Building Inspector shall make every effort to carry out the intent of this chapter and to use the factors set forth in §
230-5C(2) and
(3) of this chapter in issuing any order to correct the emergency condition.