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2009-04-02
CITY-OF-BATESVILLE
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2009-04-02
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® (c) Any building or demolition permit that has been issued before enactment <br /> of this ordinance but in compliance with which no substantial construction <br /> or demolition has begun shall be null and void upon enactment of this <br /> ordinance, and a new permit shall be requested. <br /> SECTION 12—APPLICABILTY TO CITYAND UTILITIES: Work done by the City <br /> of Batesville and by public utility companies within historic districts shall be subject to <br /> the provisions of this Ordinance. The HDC shall consider these certificates in accordance <br /> with the procedures and standards applicable to individual certificates. <br /> SECTION 13 -APPEALS: The HDC may adopt,within its own rules,procedures for <br /> addressing aggrieved applicants or reconsidering prior decisions. Any applicant still <br /> aggrieved by the determination of the HDC may, within thirty (30) days after the making <br /> of such decision, appeal the determination of the HDC to the Circuit Court of <br /> Independence County,Arkansas. <br /> SECTION 14- ENFORCEMENT: In the event that work being performed is found not <br /> to be in accordance with the Certificate of Appropriateness or upon notification of such <br /> fact by the Historic District Commission and/or City staff,the building inspector shall <br /> issue a stop work order and all work shall immediately cease. No further work shall be <br /> undertaken on the project as long as a stop work order is in effect. Stop work orders and <br /> penalties for non-compliance with such will be enforced according to other applicable <br /> • laws. A decision shall be made by the HDC concerning the stop work order within five <br /> (5)business days. <br /> Any person who violates any of the provisions of this Ordinance shall be guilty of a <br /> misdemeanor, and upon conviction thereof shall be fined in accordance with Ordinance <br /> 2005-11-1, as amended from time to time. <br /> In addition,the violation of this Ordinance may result in the revocation of any business <br /> and privilege licenses issued by the City of Batesville. <br /> The City Council may, at the request of the HDC, in lieu of or in addition to penalties <br /> provided in this chapter, apply for any appropriate remedy for the purpose of restraining <br /> or abating any violation of this chapter. <br /> SECTION 15—OTHER ORDINANCES: All Ordinances and parts of Ordinances in <br /> conflict herewith are hereby repealed. This Ordinance is amendatory to the Batesville <br /> Municipal Code. <br /> SECTION 16—STATE LAW: It is the legislative intent of the Batesville City Council <br /> to grant to the Batesville Historic District Commission authority to the extent allowed <br /> under the Arkansas Historic Districts Act,Act 484 of 1963 as amended and codified at <br /> Arkansas Code Annotated §14-172-101 et seq. Should Arkansas law hereafter be <br /> ® amended,this Ordinance shall conform to state law. <br />
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