Number
230005
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. BAUMAN
Title
A substitute ordinance relating to issuance of certificates of repose to owners of properties subject to the city’s historic preservation code provisions.
Sections
320-21-3-a rn
320-21-3-a cr
320-21-3-b rn
320-21-3-c rn
320-21-3-d rn
320-21-3-e rn
320-21-3-f rn
320-21-3-g rn
320-21-3-h rn
320-21-3-i rn
320-21-3-j rn
320-21-8-h rn
320-21-8-h cr
320-21-8-i rn
320-21-8-j rn
320-21-11.5 cr
Analysis
The ordinance authorizes the historic preservation commission to issue a certificate of repose to a property owner whose property is in violation of the city’s historic preservation code provisions, and the violation occurred before the current owner obtained ownership. Currently, there are no provisions providing an exemption for an owner in possession of a historic property with violations of the historic preservation code where the violations occurred before the current owner obtained ownership. The certificate of repose exempts an owner from remediating the violations, provided each of the following criteria is met:
1. A minimum of one deed of transfer as an arm’s length transaction between the current owner and previous owner occurred prior to service of an order to correct the violation under ch. 200.
2. The current owner provides proof that a minimum of 3 years has elapsed since the work that violated the ordinance was performed.
3. The violation does not violate ch. 200 or 275 of the code, and presents no safety hazards as determined by the department of neighborhood services.
4. The current owner is able to demonstrate that the cost to remedy the violation exceeds $1,000, provided the remedy requires materials beyond paint.
5. No citation relating to the violation, performed without a certificate of appropriateness under s. 320-21-11, has been issued against the prior owner.
Finally, the ordinance provides that unresolved, previous violations of the historic pre...
Click here for full text