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City Council Study Session Agenda and Packet 2004 08 10
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City Council Study Session Agenda and Packet 2004 08 10
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SSAGPKT 2004 08 10
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16. Appeal or call -up of disapproved proposals. A decision of the Commission <br />approving, disapproving, or suspending action on an application for a landmark <br />alteration certificate or exemption is final unless appealed by the applicant or called up <br />by the City Council as provided in this Chapter. (How does Council call it up and does it <br />take a majority vote ?) <br />A. Call up proceedings by the City Council. Within forty -five (45) days after the <br />date of a commission hearing denying an alteration certificate or exemption, <br />the City Council may hold a public hearing on the proposed designation. <br />Notice shall be mailed at least fifteen (15) days prior to the hearing date to the <br />record owners, as reflected by the records of the county assessor. Notice of <br />the time, date, place, and subject matter of the hearing shall be given by one <br />(1) publication in a newspaper of general circulation within the City not less <br />than fifteen (15) days prior to the date of the hearing <br />B. City Council Findings. Within thirty (30) days after the conclusion of the public <br />hearing, but in no event more than sixty (60) days after the hearing date first <br />noticed, unless otherwise mutually agreed by the Council, the applicant, and <br />the owner or owners other than the applicant, the City Council shall adopt <br />written findings and conclusions by ordinance. <br />17. Issuance of a landmark alteration certificate. The City shall issue a landmark <br />alteration certificate if an application has been approved by the commission or the City <br />Council. <br />A. Time limit. When approving ani application for a landmark alteration certificate, <br />the commission or City Council may impose a reasonable time limit of no Tess <br />than three (3) years for the applicant to apply for a building permit conforming <br />to the certificate. <br />B. Subsequent submittals. If the Commission or City Council disapproves an <br />application for a landmark alteration certificate, no person may submit a <br />subsequent application for the same construction, alteration, removal, or <br />demolition within one year from the date of the final action upon the earlier <br />application. <br />18. Unsafe or dangerous conditions exempted. Nothing in this Chapter shall be <br />construed to prevent any measures of construction, alteration, removal, or demolition <br />necessary to correct the unsafe or dangerous condition of any structure, other feature, <br />or parts thereof where such condition is declared unsafe or dangerous by the City <br />Building Division and where the proposed measures have been declared necessary by <br />the City Manager to correct the condition, as long as only such work that is absolutely <br />necessary to correct the condition is performed. Any temporary measures may be taken <br />without first obtaining a landmark alteration certificate under this Chapter, but a <br />certificate is required for permanent alteration, removal, or demolition <br />19. Property maintenance required. The City intends to preserve from deliberate or <br />inadvertent neglect the exterior portions of designated landmarks and all interior <br />portions thereof whose maintenance is necessary to prevent deterioration of any <br />exterior portion. No owner of any landmark shall fail to prevent significant deterioration <br />16 <br />
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