2009-04-02 - Laserfiche WebLink

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• Historic Preservation Officer shall state in writing the findings of fact in support of such determination and shall request the City of Batesville to issue and cause to be served upon the owner and/or other parties in interest therein an order to repair within a time to be specified in the written decision those elements of the structure that are deteriorating, contributing to deterioration, or deteriorated. (j) An approved Certificate of Appropriateness and arrangements to bring the property into compliance agreed upon by the property owner and/or other parties in interest, and the Historic District Commission, will stay all proceedings under these regulations. (k) Complaints or orders issued by the City of Batesville shall be served upon persons either personally or by certified mail. If the whereabouts of such persons are unknown and the same cannot be ascertained by Historic Preservation Officer or Building Official in the exercise of reasonable diligence, and the Historic Preservation Officer and Building Official shall make an affidavit to that effect, stating the steps taken to determine and locate the persons in interest, then the serving of such complaint or order may be made by publishing the same once each week for two (2) successive weeks in a newspaper of general circulation within the City. Where such service is by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected. SECTION 11-WORK NOT REQUIRING A CERTIFICATE OF • APPROPRIATENESS - (a) Nothing in this Ordinance shall be construed to prevent the ordinary maintenance and/or repair of any exterior architectural feature in the Historic District which does not involve a change in design, materials, or outer appearance and includes in-kind replacement or repair. Such ordinary maintenance will not require a Certificate of Appropriateness. Work consisting only of a change in exterior paint color shall be considered ordinary maintenance, as shall the planting or replacement of grass, shrubs, and trees. The City Building Official and the Historic Preservation Officer shall be responsible for determining what is ordinary maintenance in specific cases. (b) This Ordinance shall not prevent the restoration, rehabilitation,renovation, preservation, alteration, construction, or demolition of any such feature that the building inspector or similar agent of the City shall certify is required for the public safety. In emergency situations,threatening life, limb or significant property damage, work may be authorized by the City of Batesville without a Certificate of Appropriateness. Such work shall be done in accordance with the principles and specific criteria adopted under this Ordinance. When work is performed by city staff or utility companies under this emergency clause, the HDC shall be so notified by the next • business day.