The provisions of this chapter shall not prevent any construction,
removal or demolition determined by the City's Building Official to
be immediately necessary to correct an unsafe and dangerous condition,
as identified and declared in writing by the Building Official, of
any structure or building which has been designated a landmark or
which is located within a Preservation District. Only such work as
is determined by the Building Official to be necessary to correct
the dangerous and unsafe condition may be performed pursuant to the
provisions of this section. In the event that any designated landmark
or any structure or building within a Preservation District is damaged
by fire or other calamity to such an extent that, in the written determination
of the Building Official, it cannot feasibly be repaired or restored,
it may be demolished in conformity with normal building permit procedures
and applicable laws and regulations.
(Ord. 2668 § 1, 1988)
The Board shall review all evidence and information required
of an applicant for a certificate of economic hardship and make a
determination, by resolution, within 60 days of the completion of
the environmental review of the application, as to whether the denial
of a certificate of economic hardship would deprive the owner of the
property of the reasonable use of, or economic return on, the property.
If the Board determines that a denial of the certificate would so
deprive the property owner, then the Board shall, by resolution, issue
the requested certificate subject to the fulfillment of such feasible
mitigation measure(s) as are set forth in the environmental documents
for the project proposed in the application. The Board may solicit
expert testimony on these issues, but may not incur costs in this
regard without the prior appropriation of funds by the City Council.
(Ord. 2668 § 1, 1988)
Any person aggrieved by a decision of the Board under this article may appeal the same to the City Council in accordance with the written appeal requirements set forth in Section
17-22.048. The appeal shall be filed with the City Clerk, together with any fee that may have been established for such an appeal, within 15 days after the date of the decision. The City Clerk shall schedule a public hearing on the appeal in accordance with Section
17-22.040, and give notice thereof in accordance with Section
17-22.036, provided, that if the person filing the appeal is other than the applicant, the person appealing shall be given the same notice as the applicant. Within 21 days of the close of the hearing, the City Council shall, by resolution, affirm, reverse or modify the determination of the Board.
(Ord. 2668 § 1, 1988; Ord. 2897 § 16, 1991)