Requests for demolition permits for any structure listed on the Brownsville Historic Resources Inventory as being historically significant shall be submitted to the City Administrator. Within five working days, the Administrator shall submit the request to the HRB and the State Historic Preservation Office (SHPO) for review. The Planning Commission shall hold a public hearing within 45 days of receipt of the request, to review the request and the responses by the HRB and SHPO, and to hear public testimony concerning the request. The Planning Commission may approve, approve with conditions or deny the request, based on the following criteria:
A. 
Is the building or structure of such interest or significance that it could be listed on the National Register of Historic Places?
B. 
Is the building of such old and unusual or uncommon design, texture and/or material that it could not be reproduced or reproduced only with great difficulty and/or expense?
C. 
Would retention of the building or structure help preserve and protect an historically significant place or area of the community?
D. 
Is the building or portion thereof in such condition that it is unfeasible to preserve or restore it, taking into consideration the economic feasibility of alternatives to the proposal?
(1981 Compilation § 1-6.20; Ord. 617 § 20, 1993)
The Planning Commission may postpone taking final action on a request for issuance of a demolition permit for a period fixed by them as follows:
A. 
No more than 60 days following the date of the public hearing. Further postponements may be made for a period not to exceed a total of 30 days, if the Commission makes the following findings:
1. 
There is a program or project underway that could result in public or private acquisition and subsequent preservation of the structure; and
2. 
There are reasonable grounds for believing the program or project may be successful.
B. 
During a period of postponement, the Planning Commission may require the property owner to:
1. 
List the structure for sale with a real estate agent or advertise the landmark in local and state newspapers of general circulation in the area for a minimum of 10 days over a five-week period.
2. 
Give public notice by posting the hearing notice on-site in addition to a "For Sale" sign which shall read:
HISTORIC STRUCTURE TO BE DEMOLISHED – FOR SALE.
Lettering on the sign shall be at least one foot in height. The sign shall be provided by the applicant and posted in a prominent and conspicuous place within 10 feet of a public street abutting the premises on which the structure is located. The applicant is responsible for assuring the sign is posted for the period during which the property is listed as provided under subsection (A) of this section.
3. 
Prepare and provide to the City Administrator any information related to the history and sale of the property. The Administrator shall make available such information to all individuals, organizations and agencies who inquire.
If the Planning Commission finds an owner has failed to substantially comply with the required provisions under this subsection, the request for demolition shall be denied.
C. 
After granting a further postponement, the Planning Commission shall order the Administrator to issue the permit if it finds:
1. 
All programs or projects to save the resource have been unsuccessful;
2. 
The application for demolition has not been withdrawn; and
3. 
The application otherwise complies with City ordinances and state law.
(1981 Compilation § 1-6.21; Ord. 617 § 21, 1993)
If 50 percent or more of the resource is destroyed due to fire, flood, wind or other natural or man-caused disaster, a demolition permit may be approved by the City Administrator without processing the request as set forth in this chapter.
(1981 Compilation § 1-6.22; Ord. 617 § 22, 1993)
A decision by the Planning Commission to approve, deny or postpone issuance of a demolition permit or to grant a further postponement may be appealed to the City Council by any aggrieved party who appeared orally or in writing, in person or through an agent at the Public Hearing and presented or submitted testimony related to the request. An appeal shall be filed with the Administrator within 10 days from the date of the public hearing regarding the matter on forms provided by the Administrator.
(1981 Compilation § 1-6.23; Ord. 617 § 23, 1993)
This chapter shall not be construed to make it unlawful for any person to comply with an order by the City Council to remove or demolish any structure determined by the Council to be dangerous to life, health or property.
(1981 Compilation § 1-6.24; Ord. 617 § 24, 1993)