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)
(A) 
In the event an owner of property which has been designated, or is proposed for designation, as a landmark or which is situated within a designated or proposed preservation district, believes that the burdens associated with such a designation will cause an unreasonable economic hardship on his or her ownership and use of the property, such an owner may apply to the Cultural Heritage Board for a certificate of economic hardship to alter, remove, or demolish the landmark or the improvements within a preservation district.
(B) 
An application for a certificate of hardship shall identify the landmark or proposed landmark or structure, building or significant feature within a designated or proposed Preservation District, describe what the owner wishes to do with the same, and shall include the following information:
(1) 
An estimate of the cost of the proposed construction, alteration, demolition or removal and an estimate of the cost that would be incurred to comply with the provisions of this chapter;
(2) 
A report from a licensed structural engineer or architect with experience in rehabilitation as to the structural soundness of any existing structures on the property and their suitability for rehabilitation;
(3) 
The estimated value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; and in the case of a proposed demolition, after renovation of the existing property for continued use;
(4) 
In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or re-use of the existing structure(s) on the property;
(5) 
The amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and the buyer;
(6) 
If the property is income producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;
(7) 
The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years;
(8) 
All appraisals obtained within the previous two years by the owner or applicant in connection with any actual or contemplated purchase, financing or sale of the property;
(9) 
Any listing of the property for sale or rent, including the rent or price asked and offers received, if any, within the previous two years;
(10) 
Assessed value of the property according to the most recent assessment;
(11) 
The form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, listed partnership, joint venture or other;
(12) 
Any other information considered necessary by the Board to make a determination as to whether the property does yield or may yield a reasonable return to the owners;
(13) 
Any other information considered relevant by the owner on the issue of economic hardship.
(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)