§ 36-7-11-14 — Demolition of buildings following failure to secure certificates of appropriateness; notice

(a) The purpose of this section is to preserve
historic buildings that are important to the education, culture,
traditions, and economic values of the unit, and to afford the unit,
historical organizations, and other interested persons the opportunity
to acquire or to arrange for the preservation of these buildings.
(b) If a property owner shows that a historic building is incapable of
earning an economic return on its value, as appraised by a qualified
real estate appraiser, and the commission fails to approve the issuance
of a certificate of appropriateness, the building may be demolished.
However, before a demolition permit is issued or demolition proceeds,
notice of proposed demolition must be given for a period fixed by the
commission, based on the commission's classification on the approved
map but not less than sixty (60) days nor more than one (1) year. Notice
must be posted on the premises of the building proposed for demolition
in a location clearly visible from the street. In addition, notice must be
published in a newspaper of general local circulation at least three (3)
times before demolition, with the first publication not more than fifteen
(15) days after the application for a permit to demolish is filed, and the
final publication at least fifteen (15) days before the date of the permit.
(c) The commission may approve a certificate of appropriateness at
any time during the notice period under subsection (b). If the certificate
is approved, a demolition permit shall be issued without further delay,
and demolition may proceed.
[Pre-Local Government Recodification Citation: 18-7-22-11
part.]
As added by Acts 1981, P.L.309, SEC.30. Amended by
P.L.227-1997, SEC.15.