§ 3.03.02. Emergency Actions

A.

Request for Emergency Action

The HRRB may request the BOCC to take emergency action to review a threat to a Landmark or a Historic or Archaeological Resource including demolition permits on subject property which has not yet been designated as a Landmark but which appears to be eligible for such designation. This action must be taken within 21 working days of notification to the HRRB by the department receiving the application or at the next regularly scheduled meeting of the BOCC. The department receiving an application concerning an Historic or Archaeological Resource, Landmark, or potential historic property shall provide written notification to the HRRB within five working days of the receipt of the application for permits which do not require a public hearing.

1.

Written information shall be submitted along with and in support of the request to the BOCC that irreparable harm will be done to the Historic or Archaeological Resource if demolition, alteration or construction is allowed to occur thereon.

2.

The BOCC shall notify the HRRB, the applicant for the permit, and the owner of the property in writing of the date, time, and place of the public hearing on the request. All construction activity requiring building permits or the processing of permit applications relating to the property shall be held in abeyance until action is completed with regard to the threatened property.

B.

Review And Determination by BOCC

1.

At the public hearing the HRRB shall present a report to the BOCC discussing the architectural, historical and archaeological significance of the threatened property, evaluating it under the criteria set forth for Landmark designations in 3.03.03 E. The BOCC shall also hear testimony from the owner, the applicant and all other interested persons.

2.

At the close of the testimony, the BOCC shall determine whether all of the following findings of fact have been established:

a.

There is a real and present danger to the threatened property as evidenced by the owner's or applicant's proposal.

b.

Based upon the best available data, the threatened property appears eligible for Landmark designation. The fact that the property has not been designated as a County Landmark or listed in the National Register of Historic Places shall not in itself be grounds for approval of the proposed work or development request.

c.

During consideration of the Landmark designation, the applicant and the owner are not denied all reasonable use of the property.

3.

If in the judgement of the BOCC all of the findings of fact have not been established, the BOCC shall not initiate the Landmark designation procedures for the threatened property. If in the judgement of the BOCC all of the findings of fact have been established, the Board of County Commissioners shall initiate the Landmark designation procedures for the threatened property. Should sufficient information be available, the BOCC may designate as a Landmark the threatened property at this public hearing, or it may request further information and set a date for a final Landmark designation hearing to be held within 90 days.

4.

The HRRB and BOCC shall make every effort to complete the Landmark designation process in a most timely fashion. In every other respect, the Landmark designation shall follow the same procedures as a regular designation.

(Ord. No. 03-9, § 2, 6-5-03; Ord. No. 07-18, § 2, 7-19-07, eff. 10-1-07)