HomeMy WebLinkAbout1047 Ord (Building Demolition) ORDINANCE NO. 1047
AN ORDINANCE AMENDING THE STILLWATER CITY CODE
CHAPTER 34, ENTITLED BUILDING DEMOLITION
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
1. Amending. City Code Chapter 34 - Building Demolition, shall be restated and replaced
with the following:
"Chapter 34 BUILDING DEMOLITION
Sec. 34-1. Purpose of chapter.
This chapter is adopted for the purpose of protecting the historic and aesthetic qualities of the
city by preserving, rehabilitating or restoring, when reasonable, buildings or structures which
constitute or reflect distinctive features of the architectural or historical resources of the city,
thereby promoting the public welfare and preserving the cultural heritage of the city.
Sec. 34-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this subdivision, except where the context clearly indicates a different
meaning:
Building or structure of potential historic significance means a building or structure or
portion of a building or structure built on or prior to December 31, 1945.
Commission means the Heritage Preservation Commission.
Community Development Director means the Stillwater Community Development
Director or his or her designee.
Demolition means one of the following:
(1) Razing a building.
(2) Removal of fifty (50) percent or more of the total façade.
(3) Removal of more than twenty (20)percent of the exterior front facade of a
structure including the front facing roof. The amount of front façade that is
required to be removed for a front porch shall not be counted toward the 20%.
(4) Demolition by neglect.
A demolition shall not mean any of the following:
(1) A structure required to be demolished in accordance with Minn. Stats. ch. 463.
(2) Destruction by fire that has been determined to be a total loss by the
Community Development Director. However, a fire that is caused by arson and
was proven to be started by an act of the owner or the owner's agent shall be
considered a demolition.
(3) Destruction by a natural disaster or other similar event and which has been
determined to be a total loss by the Community Development Director.
Items that are consider maintenance in the opinion of the Community
Development Director.
1
(4) Items that are consider maintenance in the opinion of the Community
Development Director.
Historic Resource means any building or structure that is not currently designated as a
Heritage Preservation Site but which is worthy of such designation because of its
historical, cultural, architectural, archaeological or engineering significance for one of the
following reasons:
(1) The property is associated with significant events or with periods that
exemplify broad patterns of cultural, political, economic or social history.
(2) The property is associated with the lives of significant persons or groups.
(3) The property contains or is associated with distinctive elements of city or
neighborhood identity.
(4) The property embodies the distinctive characteristics of an architectural or
engineering type or style, or method of construction.
(5) The property exemplifies a landscape design or development pattern
distinguished by innovation, rarity, uniqueness or quality of design or detail.
(6) The property exemplifies works of master builders, engineers, designers,
artists, craftsmen or architects.
(7) The property has yielded, or may be likely to yield, information important in
prehistory or history.
Historically significant building or structure means any building or structure or portion
of a building or structure on the National Historic Register, a designated local heritage
preservation site or a contributing structure or building in a designated national register
historic district.
Nonhistoric structure or building means a structure or building built on or after January
1, 1946, or is not on the National Historic Register, or is not a designated local heritage
preservation site, or is a noncontributing structure or building in a designated national
register historic district.
Sec. 34-3. Perm it required.
No building or structure may be demolished without obtaining a demolition permit. An
application for a demolition permit must be filed with the city building official.
Sec. 34-4. Procedure.
The building official must forward a copy of each demolition permit application to the
community development director.
Subd 1. Community Development Director Review. The community development
director shall review the permit, conduct an on-site visit of the property with the
applicant, make one of the following determinations, and take the associated action:
(1) The building or structure is historically significant. If the building or structure
is found to be historically significant, then the application will be sent to the
commission for review according to Section 34-4, Subd. 2.
2
(2) The building or structure is a historic resource. If a building or structure is
potentially historic due to being built on or prior to December 31, 1945, and it is
determined to be a historic resource,then the application will be sent to the
commission for review according to Section 34-4, Subd 2.
(3) The building or structure is potentially historic but not historically significant
or not a historic resource. If a building or structure is found to be potentially
historic, but it is determined that it does not meet the definition of a historic
resource, then the application for a demolition permit will be referred to the
building official for issuance of a demolition permit.
(4) The building or structure is Nonhistoric. If a building or structure is
nonhistoric, then the application for a demolition permit will be referred to the
building official for issuance of a demolition permit.
Subd.2. Heritage Preservation Commission Review.
If the community development director determines that a building or structure is
historically significant or a historic resource, then the commission must review the
demolition request to determine whether a demolition permit may be issued.
(1). Required demolition permit application materials. An application form and 15
copies for commission review must be submitted to the city in order to place the
demolition request on a commission agenda for consideration. The demolition
permit application must include the following information:
(a) A map showing the location of the building or structure to be
demolished on its property and with reference to neighborhood properties;
(b) A legal description of property and owner of record;
(c) Photographs of all building elevations;
(d) A description of the building or structure or portion of building or
structure to be demolished;
(e) The reason for the proposed demolition and data supporting the
reason, including, where applicable, data sufficient to establish any
economic justification for demolition to determine why restoration or
reuse is not economically feasible;
(f) Proposed plans and schedule for reuse of the property on which the
building or structure to be demolished is located. The HPC may apply the
standards set out in the Neighborhood Conservation Design Guidelines
when appropriate;
(g) Relation of demolition and future site use to the comprehensive plan
and zoning requirements; and
(h) A description of alternatives to the demolition.
(2). Public hearing. The commission must hold a public hearing according to
chapter 31-204, subdivision 3 of this Code. Additionally, twelve (12) days prior
3
to the public hearing,the applicant shall cause a sign to be installed at the street
frontage of the property stating a notification message as prescribed by city staff
that is intended to notify the public of the proposed demolition.. The commission
will conduct the public hearing, review the demolition request, and decide upon
one of the following courses of action:
(a) For a historically significant building or structure
(i)No feasible alternative to demolition. If the commission
determines that the owner has made a reasonable effort to sell or
preserve the structure and after finding that there is no available
feasible alternative to demolition, then the commission shall notify
the building official that a demolition permit may be issued, as
provided in subdivision 3 below.
(ii) Feasible alternative to demolition. If the commission
determines that there is a feasible alternative to demolition, the
permit must be denied.
(b) For a historic resource
(i)Negative finding. If the commission finds that the property is
not a historic resource, then the commission shall notify the
building official that a demolition permit may be issued, as
provided in subdivision 3 below.
(ii) Positive finding with no feasible alternative to demolition. If
the commission finds that the property is historically significant or
a historic resource, but that there is no feasible alternative to
demolition, then the commission shall notify the building official
that a demolition permit shall be issued, as provided in subdivision
3 below.
(iii)Positive finding with feasible alternative to demolition. If the
commission finds that the property is historically significant or a
historic resource, and that there is a feasible alternative to
demolition, then the commission shall deny the demolition permit
and direct the community development director to prepare a
designation study of the property, as provided in section 22-7,
subdivision 4 [Procedures for the designation of heritage
preservation sites].
(1) Failure to designate property. If the city council does
not approve the preparation of the designation study within
30 days of the commission determination, or if the
completed designation study is not approved within 180
days of the commission determination, or if the city council
denies implementation of the designation after completion
of the designation study, then the building official shall
issue the demolition permit.
(3). Commission findings and conditions. While reviewing the demolition permit
request, the commission shall consider the following findings and conditions:
4
(a) Destruction of a building or structure. Before approving the demolition
of a building,the commission shall make findings that the demolition is
necessary to correct an unsafe or dangerous condition on the property, or
that there are no reasonable alternatives to the demolition. In determining
whether reasonable alternatives exist, the commission shall consider, but
not be limited to, the significance of the property, the integrity of the
property and the economic value or usefulness of the existing structure,
including its current use, costs of renovation and feasible alternative uses.
The commission, with the approval of the City Council, may delay a final
decision for up to one hundred eighty (180) days to allow parties
interested in preserving the historic resource a reasonable opportunity to
act to protect it.
(b) Mitigation plan. The commission may require a mitigation plan as a
condition of any approval for demolition of a building. Such plan may
include the documentation of the property by measured drawings,
photographic recording, historical research or other means appropriate to
the significance of the property.
(c) Demolition delay. With the approval of the City Council,the
commission may stay the release of the building, wrecking or demolition
permit for up to one hundred eighty (180) days as a condition of approval
for a demolition of a building that has been found to contribute to a
potential historic district to allow parties interested in preserving the
historic resource a reasonable opportunity to act to protect it. The release
of the permit may be allowed for emergency exception as required in
section 34-5.
Sec. 34-5. Emergency demolition.
If a historically significant building or structure or historic resource poses an immediate threat to
health or safety due to its deteriorated condition, the owner of the building or structure may
request issuance of an emergency demolition permit. If both the community development
director and building official find that the condition of the building or structure poses a serious
and imminent threat to public health and safety and that there is no reasonable alternative to the
immediate demolition, together the community development director and building official may
g Y p
issue an emergency demolition permit.
Sec. 34-6. Fee.
For purpose of reimbursing the city of administration of this chapter, the City will by resolution,
from time to time, fix the amount of fees to be charged for processing all applications and
appeals.
Sec. 34-7. Injunction.
In addition to any other relief provided by this chapter, the city attorney may apply to a court of
competent jurisdiction for an injunction to prohibit the continuation of any violation of this
5
chapter. This application for relief may include seeking a temporary restraining order, temporary
injunction and permanent injunction.
Sec. 34-8. Violation of chapter.
Any person violating any provision of this chapter shall be guilty of a misdemeanor, and a
separate offense shall be deemed committed on each day during on which a violation occurs or
continues."
2. Savings. In all other ways City Code shall remain in full force and effect.
3. Effective Date. This Ordinance will be in full force and effect from and after its passage
and publication according to law.
Enacted by the City Council of the City of Stillwater this 5th day of June, 2012.
CITY OF STILLWATER
aL
Ke • ar • i, Mayor
• TTEST:
a, i()amc
Diane Ward, City Clerk
6
ES ORDAIN*
shall be
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chapter, shall
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MTN AVIT
STATE OF
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NESOTA
COUNTY OF WASHINGTON
(b) A legal description of property and owner of record;
(c) Photographs of all building elevations
(d) A description of the building or structure or portion of building or rue-
ture to be demolished;
i(e) The reason for the proposed demolition and data supporting the rea-
son, including, where .applicable, data sufficient to establish any economic)
justification for demolition to determine why restoration or reuse is not eco-
nomically feasible;
(f) Proposed plans and schedule for reuse of the property on which the
building or structure to be demolished is located. The HPC may apply the
standards set out in the Neighborhood Conservation Design Guideli es
when appropriate; n
(g) Ftelation of demolition and future site use to the comprehensive plan
and zoning requirements; and
(h) A description . of alternatives to the demolition.
(2). Public hearing, The commission must hold a public hearing according
to chapter 31-204, subdivisicin 3 of this Code. Additionally, twelvf) (12) days
prior to the public hearing, the applicant shall cause a sign to be installed
at the street frontage of the property stating a notification message as pre-
scribed by city staff that is intended to notify the public of the proposed
demolition.. The commission will conduct the public hearing, review the
demolition request, and decide upon one of the following courses of action;
(a) For a historically significant building or structure
(i) No feasible alternative to demolition. If the commission determines that
the owner has made a reasonable effort to sell or preserve the structure
and after finding that there is no available feasible alternative to demolition,
then the commission shall notify the buildirig official that a demolition per-
mit may be issued, as provided in subdivision 3 below.
n. If the corn n de
o ition commission
r ative to dem , the
historic resource
his-
toric re It
(i)Negative finding.
t(hbe, r...e is a f.easailbtelernaltteiven to dembliti.0 notifypteherminiotimituat pteerdimeneloionnwtieetasdhathhtiaat
eirriro°1ritsiaobnhurt,ce, then the (ii) Feasible
commission f' s that the property is
00 Pos. finding m
property is alter
but that thaet tbhnuegif
provided
shall notif
at there feasible e
visiori 3 b&
ow.
ti r ityhhget bh ece, 4ssr br r alternative t ae n finds dt tve to d
no feesiki OribPari°1 provided *
...e pro
in suebdipiuviiisdioinng3°ffbicial s"
shall be *
i°ns* tlof rtinc'res e*
Positive sfiunbdd, official that e to demolition, r a Ili cornisrns,,,:)ns
that hat there is ,p,,f!)rpinapgseiwbiiitsi,letleisfietet,arts:too. ar dea--nive°t10 daj the
that that alternatly significant
source
subdivi re a d vetrnit Iva tit or a nid, n* If the COMm*
to IF the
prepare de diltion ISL 1011 ite
designation t istori( commission
ion studd'4"1.0a1 demolition permit n the coismsmue.durcae,
hen the
site sir)11 4 [Procedures on)rhuilits„ d .r)ornrhissib , and
en
9. shall
evelopment direct°
determination,
preparation t
(implementation i ) Failure sl' t o 0 fdesignate l ,,,,, designation property. f ° r lh uedl f gemtydesignation
shieinegwsanci ti gPtai city ,kteit ror va tin,, 3 0°°' study a snu ' . }, ,4°cPallri ,:dheritage avo',17' i provided
ets d tnoli on t sPaerpceptsi approve Irv' ' preservation
the
ermination, or li the completed St t approved within
ion
y of the pro ty
of the designation n, or if the not
ceouncmilmdieh'iees
determination,
study, thYesn°tfhtehebuilding c°mnitosffs:07ei shalt issue the demolition permit.
180 days
after completion of the designation
per.mCornmission findings and conditions. While
II con * review* i ion
request, the commission sha siderthe l'ollowing findie;ilTig:i.ta'nd
reviewing the d
conditions:
(a) (a) Destruction of a building or structure. Before approving the demolition
ofa building, the commission shall make findings that the demolition is nec-
essary to correct an unsafe or dangerous condition on the property, or that
there are no reasonable alternatives to the demolition In determining
whether reasonable alternatives exist, the commission shall consider, but
not be limited to, the significance of the property, the integrity of the prop,
rty and the economic value or usefulness of the existing structure, includ-
ing its current use, costs of renovation and feasible alternative uses. Thi9
commission, with the approval of the City Council, may delay a final deci-
sion for up to one hundred eighty (180) days to allow parties interested .
preserving the historic resource a reasonable opportunity to act to protect
nt pattern .
design- i(dhit)ii:;in of' any approval for dernolition of a building. Such plan may inrcluhci.e
Mitigation plan. Tli! commissi.9n may redLi.ire a mitigation' plan as a con-
n or detail.
the docunlentation of the property by rileasured drawings, rihotog ap .i.c
ation impor-
carice of the property.
recording, historical research or other means approprialte to the s,
ue„tjuerse
uild-
ur or
ibutin
on or
is not
truc-
demolition
th the city
applica-
commission
may Demolition delay. With the approval of the City the
°f a building
neeYhsut!nYdtrheed reeilgehatsyei( f8t0h)edhauyeild,ng, wrecking or deCm°0uotehlitniotianipheisrmtoirticfodriu.stprolteton
as a condition of approval for . a demolition
to Ellipw parties intes been found to contribute to e. P
tha! has
opportunity to act to protect it. The release of the Permsit°runracyabae r:laloaw°ehda7olar
in preserving the historic re
emergency exception as required in section 34-5.
Sec. 34-5. Emergency demolition,
If a historically significant building or structure or historic resource . .ses an
rninediate threat to health or safety due to its deteriorated condition, the
owner of the building or structure may request issuance of an emergency
demolition permit. If both the community development director and building
ca'ttnic7iiarin mf d ne tnht at ht rtehaet ctoonpduibtillocn hoefatIthheat)nuclisdai ntegtyoranstdr ut hetat!t rteh eproesiessn 0a rseearsloouns.
able alternative to the immediate demolition, together the community devel-
opment director and building official may issue an emergency demolition
permit.
unit f the div ro iel-
-
Sec. 34-6, Fee.
y
For purpose of reimbursing the city of admini ation o this chapter, the
pri
City will by resolution, from time to time, fix °The amount of fees to be
and take charged for processing all applications and appeals.
building or Sec, 34-7. Injunction.
In addition to any other relief provided ion will be by this chapter, the city attorney may
ubd. apply to a..court of competent jurisdiction for an injunction to prohibit the
continuation of any violation of this chapter. This application for relief may
cture include sisielcing a temporary restraining order, temporary injunction and
,945, permanent injunction,
Julie Athey,
being duly sworn on oat says that she is,
and during all times herein st tes has een
Clerk of Sun Newspapers
Publisher of the newspaper known as the
Stillwater Gazette, a newspaper of
general circulation within the City of
Stillwater and the County of Washington.
That the notice hereto attached was cut from
the columns of said newspaper and was
printed and published therein on the
following date(s):
7Lfl of June 2012
Newspaper Ref./Ad 1111361
Subscribed and sworn to before me this
7th day of June 2012
Mark Be
NO ARY iC
Washington Cou ty Minnesota
My comniission expires January
016
MARK E. BERRIMAN
NOTARY PUBLIC
MINNESOTA
omniiasion Expires Jan. 31, 2016
1. Amending. City Code Chapter 34 - Building Demolition, shall be
restated and replaced with the following:
"Chapter 34 BUILDING DEMOLITION
Sec. 34 -1. Purpose of chapter.
This chapter is adopted for the purpose of protecting the historic and aes-
thetic qualities of the city by preserving, rehabilitating or restoring, when
reasonable, buildings or structures which constitute or reflect distinctive
features of the architectural or historical resources of the city, thereby pro-
moting the public welfare and preserving the cultural heritage of the city.
Sec, 34 -2. 'Definitions.
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this subdivision, except where the
context clearly indicates a different meaning:
Building or structure of potential historic significance means a building or
structure or portion of a building or structure built on or prior to December
31, 1945.
Commission means the Heritage Preservation Commission.
Community Development Director means the Stillwater Community
Development Director or his or her designee.
Demolition means one of the following:
(1) Razing a building.
(2) Removal of fifty (50) percent or more of the total facade.
(3) Removal of more than twenty (20) percent of the exterior front facade
of a structure including the front facing roof. The amount of front facade
that is required to be removed for a front porch shall not be counted toward
the 20 %.
(4) Demoliti,, by neglect
A demolition shall not mean any of the following :
(1) A structure required to be demolished in accordance with Minn. Stets.
ch. 463.
(2) Destruction by fire that has been determined to be a total loss by the
Community Development Director. However, afire that is caused by arson
and was proven to be started by an act of the owner or, the owner's agent
shall be considered a demolition.
(3) Destruction by a natural disaster or other similar event and which has
been determined to be a total loss by the Community Development
Director.
items that are consider maintenance in the opinion of the Community
Development Director.
(4) Items that are consider maintenance in the opinion of the Community
Development Director.
Historic Resource means any building or structure that is not currently des-
ignated as a Heritage Preservation Site but which is worthy of such desig-
nation because of its historical, cultural, architectural, archaeological or
engineering significance for one of the following reasons:
(1) The property is associated with significant events or with periods that
exemplify broad patterns of cultural, political, economic or social history.
(2) The property is associated with the :lives of significant persons or
groups. „ -
(3) The property contains or is associated with distinctive elements of city
or neighborhood identity.
(4) The property embodies the distinctive characteristics of an architectur-
al or engineering type or style, or method of construction.
(5) The property exemplifies a landscape design or development pattern
distinguished by innovation, rarity, uniqueness or quality of design or detail.
(6) The property exemplifies works of master builders, engineers, design-
ers, artists, craftsmen or architects.
(7) The property has yielded, or may be likely to yield, information impor-
tant in prehistory or history.
Historically significant building or structure means any building or structure
or portion of a building or structure on the National Historic Register, a des-
ignated local heritage preservation site or a contributing structure or build -
ing in a designated national register historic district.
Nonhistoric structure or building means a structure or building built on or
after January 1, 1946, or is not on the National Historic Register, or is not
a designated local heritage preservation site, or is a noncontributing struc-
ture or building in a designated national register historic district.
Sec. 34 -3. Permit required.
No building or structure may be demolished without obtaining a demolition
permit. An application for a demolition permit must be filed with the city
building official.
Sec. 34 -4. Procedure.
The building official must forward a copy of each demolition permit applica-
tion to the community development director.
Subd 1. Community Development Director Review. The community devel-
opment director shall review the permit, conduct an on -site visit of the prop-
erty with the applicant, make one of the following determinations, and take
the associated action:
(1) The building- or structure is historically• significant. If the building or
structure is found to be historically significant, then the application will be
sent to the commission for review according to Section 34 -4, Subd. 2.
(2) The building or structure is a historic resource. If a building or structure
is potentially historic due to being built on or prior to December 31, 1945,
and it is determined to be a historic resource, then the application will be
sent to the commission for review according to Section 34 -4, Subd 2.
(3) The building or structure is potentially historic but not historically signif-
icant or not a historic resource. If a building or structure is found to be
potentially historic, but it is determined that it does not meet the definition
of a historic resource, then the application for a demolition permit will be
referred to the building official for issuance of a demolition permit.
(4) The building or structure is Nonhistoric, If a building or structure is non-
historic, then the application for a demolition permit will be referred to the
building official for issuance of a demolition permit,.
Subd.2. Heritage Preservation Commission. Review.
If the community development director determines that a building or struc-
ture is historically significant or a historic resource, then the commission
must review the demolition request to determine whether a demolition per-
mit may be issued.
(1). Required demolition permit application materials. An application form
and 15 copies for commission review must be submitted to the city in order
to place the demolition request on a commission agenda for consideration.
The demolition permit application must include the following information:
(a) A map showing the location of the building or structure to be demol-
ished on its property and with reference to neighborhood properties;
(f) Proposed plans and schedule for reuse of the property on which the
building or structure to be demolished is located The HPC may apply the
standards set out in the Neighborhood Conservation Design Guidelines
when appropriate;
(g) Relation of demolition and future site use to the comprehensive plan
and zoning requirements; and
(h) A description of alternatives to the demolition.
(2). Public hearing. The commission must hold a public hearing according
to chapter 31 -204, subdivision 3 of this Code. Additionally, twelve (12) days
prior to the public hearing, the applicant shall cause a sign to be installed
at the street frontage of the property stating a notification message as pre-
scribed by city staff that is intended to notify the public of the proposed
demolition.. The commission will conduct the public hearing, review the
demolition request, and decide upon one of the following courses of action:
(a) For a historically significant building or structure
(i) No feasible alternative to demolition. if the commission determines that
the owner has made a reasonable effort to sell or preserve the structure
and after finding that there is no available feasible alternative to demolition,
then the commission shall notify the building official that a demolition per-
mit may be issued, as provided in subdivision 3 below.
(ii) Feasible alternative to demolition. If the commission determines that
there is a feasible alternative to demolition, the permit must be denied.
(b) For a historic resource
(i)Negative finding. If the commission finds that the property is not a his-
toric resource, then the commission shall notify the building official that a
demolition permit may be issued, as provided in subdivision 3 below.
(ii) Positive finding with no feasible alternative to demolition. If the commis-
sion finds that the property is historically significant or a historic resource,
but that there is no feasible alternative to demolition, then the commission
shall notify the building official that a demolition permit shall be issued, as
provided in subdivision 3 below.
(iii) Positive finding with feasible alternative to demolition. If the commission
finds that the` property is historically significant or a historic resource, and
that there is a feasible „alternative to demolition, then the commission shall
deny the demolition omit and direct the community development director
to prepare a designation study of the property, as provided in section 22 -7,
subdivision 4 [Procedures for the designation of heritage preservation
sites].
(1) Failure to designate property. if the city council does not approve the
preparation - of-the designation study within 30 clays of the commission
determination, or if the completed designation study is not approved within
180 days of the commission determination, or if the city council denies
implementation of the designation after completion of the designation
study, then the building official shall issue the demolition permit.
(3). Commission findings and conditions. While reviewing the demolition
permit request, the commission shall consider the following findings and
conditions:
(a) Destruction of a building or structure. Before approving the demolition
of a building, the commission shall make findings that the demolition is nec-
essary to correct an unsafe or dangerous condition on the property, or that
there are no reasonable alternatives to the demolition. In determining
whether reasonable alternatives exist, the commission shall consider, but
not be limited to, the significance of the property, the integrity of the prop-
erty and the economic value or usefulness of the existing structure, includ-
ing its current use, costs of renovation and feasible alternative uses. The
commission, with the approval of the City Council, may delay a final deci-
sion for up to one hundred eighty (180) days to allow parties interested in
preserving the historic resource a reasonable opportunity to act to protect
it.
(b) Mitigation plan. The commission may require a mitigation plan as a con-
dition of any approval for demolition of a building. Such plan may include
the documentation of the property by measured drawings, photographic
recording, historical research or other means appropriate to the signifi-
cance of the property.
(c) Demolition delay. With the approval of the City Council, the commission
may stay the release of the building, wrecking or demolition permit for up to
one hundred eighty (180) days as a condition of approval for a demolition
of a building that has been found to contribute to a potential historic district
to allow parties interested in preserving the historic resource a reasonable
opportunity to act to protect it. The release of the permit may be allowed for
emergency exception as required in section 34 -5.
Sec. 34 -5. Emergency demolition.
If a historically significant building or structure or historic resource poses an
immediate threat to health or safety due to its deteriorated condition, the
owner of the building or structure may request issuance of an emergency
demolition permit. If both the community development director and building
official find that the condition of the building or structure poses a serious
and imminent threat to public health and safety and that there is no reason-
able alternative to the immediate demolition, together the community devel-
opment director and building official may issue an emergency demolition
permit.
Sec. 34 -6. Fee.
For purpose of reimbursing the city of administration of this chapter, the
City will by resolution, from time to time, fix "the amount of fees to be
charged for processing all applications and appeals.
Sec. 34 -7. Injunction.
In addition to any other relief provided by this chapter, the city attorney may
apply to a court of competent jurisdiction for an injunction to prohibit the
continuation of any violation of this chapter. This application for relief may
include seeking a temporary restraining order, temporary injunction and
permanent injunction.
Sec. 34 -8. Violation of chapter.
Any person violating any provision of this chapter shall be guilty of a mis-
demeanor, and a separate offense shall be deemed committed on each
day during on which a violation occurs or continues."
2. Savings. In all other ways City Code shall remain in full force and
effect.
3. Effective Date. This Ordinance will be in full force and effect from and
after its passage and publication according to law.
Enacted by the City Council of the City of Stillwater this 5th day of June,
2012.
CiTY OF STILLWATER.
is/ Ken Harycki
Ken Harycki, Mayor
ATTEST:
/s/ Diane Ward
Diane Ward, City Clerk
(Jun. 7, 2012) Ordinance 1047