Applications for demolition or relocation permits will be processed as follows:
A. A complete application must be submitted to the building official and must include all of the required information for the specific action requested. The application must be signed by one or more property owners of the property where the structure is located. The application must be accompanied by the appropriate application fee.
B. Within 14 days after receipt of a complete application, the building official will approve, approve with conditions, or deny the application unless such time limitation is extended with the consent of the applicant. Notice of the decision of the building official will be mailed to the applicant within seven days of the decision.
C. If the application is approved, or if the application is denied and the applicant desires a hearing before the Demolition Review Committee, the applicant must post and publish a notice of the decision. The notice must be posted on the property in such a manner as to be clearly visible from a public right-of-way and be posted within 5 business days of the date the applicant received the decision. In addition, the notice must be published in a newspaper of general circulation within the City at least 7 days prior to the date requests for hearing must be filed.
D. The applicant or any person may request a hearing before the Demolition Review Committee by filing a request for a hearing with the building official. The request for a hearing must:
1. Be in writing and be filed within ten days of the date of the decision, if the request is by the applicant. Otherwise the request must be filed within ten days of the date the notice is posted or 7 days after the notice is published, whichever date is later.
2. Contain the specific grounds for which the decision should be reversed or modified, based on the applicable demolition or relocation standards.
E. The following information is required to be contained in the notices required by this section.
1. Notice of the decision by the building official described in subsection B above is to contain the following information:
a. The decision of the building official and the date of the decision.
b. The requirements of the applicant for posting and publishing notice of the decision.
c. A statement that no hearing will be held before the Demolition Review Committee unless specifically requested.
d. A statement that a request for a hearing by the applicant must be made within 10 days of the date the applicant received the decision and that a request for a hearing must include:
(i) The name and address of the applicant,
(ii) the file number of the demolition or relocation application, and
(iii) the specific grounds for which the decision should be reversed or modified, based on the applicable demolition or relocation standards.
2. The posted and published notices described in subsection C above must contain:
a. A brief description of the approval and the application file number,
b. The phone number and address of the building official,
c. The date the notice was posted, and
d. A statement that anyone who objects to the approval must file a request for a hearing on a form furnished by the building official, by a date not more than 10 days from the date the notice was posted or seven days from the date the notice was published in the newspaper, whichever date is later.
F. If a request for a hearing is timely received, the Demolition Review Committee will conduct a hearing at least 15 days, but not more than 30 days, from the date of the request.
G. Notice for hearings before the Demolition Review Committee will be published in a daily newspaper of general circulation within the City at least 10 days prior to the hearing and mailed to the applicant or authorized agent at least 10 days prior to the hearing. In addition a notice must be posted on the property by the applicant in such a manner as to be clearly visible from a public right-of-way at least 10 days prior to the date of the hearing. The applicant must certify, for the record of the hearing, that the posting was accomplished. The posted notice must contain a brief description of the proposal, the time, date and place of the hearing, and the phone number and address for contact with the building official.
H. Within 15 days of the hearing, or within 15 days of the receipt of the report described in section 15.04.216.A.1 is received, whichever date is later, the Demolition Review Committee shall issue its decision in writing and mail it to the applicant and all persons who appeared and spoke at the hearing.
I. The decision of the Demolition Review Committee may be appealed to the council by the applicant or someone who spoke at the hearing. In addition, the council may review the decision on its own motion. The decision is appealed by filing a notice of appeal with the City administrator. The appeal fee, as set by resolution of the council, must accompany the notice of appeal. The appeal must be filed within 15 days of the date the decision of the committee is mailed. The appeal notice must contain:
1. the appellant’s name and address,
2. a reference to the decision sought to be reviewed,
3. a statement that the appellant is the applicant or someone who appeared and testified at the hearing,
4. the date of the decision being appealed, and
5. the specific grounds for which the decision should be reversed or modified, based on the applicable standards.
J. The notice of appeal, together with notice of the date, time and place of the hearing on the appeal by the Council will be mailed to those who appeared at the hearing before the Demolition Review Committee at least 20 days prior to the hearing. The appeal before the council shall be a de novo hearing based solely on the evidence in the record made before the Demolition Review Board. The applicant shall have the burden to prove the standards have been met. The council may affirm, reverse or modify the decision and may approve or deny the request, or grant approval with conditions. The Council shall make findings and conclusions, and make a decision based on the record before it as justification for its action. The Council shall cause copies of a final order to be sent to all persons participating in the appeal. (Ord. 2925, amended, 04/18/2006; Ord. 2858, amended, 06/20/2000; Ord. 2852, added, 01/21/2000)