§ 30-930.9. Additional rights of owners to demolish certain properties.

(a)

Procedures. The following are procedures entitling owners to demolish properties:

(1)

In addition to the right of appeal set forth in Section 30-930.8, the owner of a building or structure, the razing or demolition of which is subject to review under this division, shall, as a matter of right, be entitled to raze or demolish such building or structure provided that:

a.

The owner has applied to the Commission of Architectural Review and, if denied, to the City Council for such right;

b.

The owner has, for the period of time set forth in the time schedule established in Subsection (b) of this section and at a price reasonably related to its fair market value, made a bona fide offer to sell such landmark, building or structure and the land pertaining thereto to the City or to any person, any other government body, firm or corporation which gives reasonable assurance that it is willing to preserve and restore the landmark, building or structure and the land pertaining thereto; and

c.

No bona fide contract binding upon all parties thereto shall have been executed for the sale of any such landmark, building or structure and the land pertaining thereto prior to the expiration of the applicable time period set forth in the time schedule contained in Subsection (b) of this section.

(2)

Any appeal which may be taken to the court from the decision of the City Council, whether instituted by the owner or by any other proper party, notwithstanding the sections of this division relating to a stay of the decision appealed from, shall not affect the right of the owner to make the bona fide offer to sell referred to in this section. No offer to sell shall be made more than 12 months after a final decision by the City Council, but thereafter the owner may renew the request to the City Council to approve the razing or demolition of the historic landmark, building or structure.

(b)

Time schedule. The time schedule for offers to sell pursuant to this section shall be as follows:

(1)

Three months when the offering price is less than $25,000.00;

(2)

Four months when the offering price is $25,000.00 or more but less than $40,000.00;

(3)

Five months when the offering price is $40,000.00 or more but less than $55,000.00;

(4)

Six months when the offering price is $55,000.00 or more but less than $75,000.00;

(5)

Seven months when the offering price is $75,000.00 or more but less than $90,000.00; and

(6)

Twelve months when the offering price is $90,000.00 or more.

(c)

Notice required. Before making a bona fide offer to sell as provided for in this section, an owner shall first file a statement with the Secretary of the Commission of Architectural Review, and the owner shall publish the notice twice, not less than seven days apart, in a daily newspaper of general circulation in the City. The statement shall identify the property, shall state the offering price, and shall state the date that the offer for sale is to begin and the name of the real estate agent, if any. No time period set forth in this section shall begin to run until the statement has been both filed and published.

(Code 1993, § 32-930.9; Code 2004, § 114-930.9)

(Code 1993, § 32-930.9; Code 2004, § 114-930.9)