Sec. 30-08. - Applicability and enforcement.

(a)

Applicability.

1.

No application for a permit to construct, alter, demolish or remove any landmark in a proposed historic district, filed subsequent to the date of initiation of proceedings to designate the landmark to or historic district, shall be approved while the proceedings are pending; provided, however, that if final action on the designation has not been completed one hundred eighty days after initiation of designation proceedings, the permit application may be approved.

2.

The provisions of this article shall be inapplicable to the construction, alteration, demolition or removal of any structure or other feature on a landmark site or in a historic district, where a permit for the performance of such work was issued prior to initiation of proceedings for designation of the landmark or historic district, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently prosecuted to completion in accordance with the building code.

(b)

Unsafe or Dangerous Conditions. None of the provisions of this article shall prevent any measures of construction, alteration, or demolition necessary to correct the said condition, provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the building official or the fire marshal, and where the proposed measures have been declared necessary, by such official, to correct the unsafe and dangerous condition and as is done with due regard for preservation of

the appearance of the structure involved may be performed pursuant to this section. In the event any structure or other feature shall be damaged to such an extent that if, in the opinion of the aforesaid officials, it cannot reasonably be repaired and restored, it may be removed in conformity to normal permit procedures and applicable laws.

(c)

Duty to Keep in Good Repair. The owner, lessee, and other person in actual charge or possession of a landmark or of a structure in a historic district, shall keep in good repair all of the exterior portions of such landmark or structure, all of the interior portions thereof when subject to control as specified in the designating ordinance, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion.

(d)

Enforcement.

1.

Duty to Administer and Enforce. It shall be the duty of the planning director, or authorized delegate, to administer and enforce the provisions of this article. Upon request, the building official shall assist the director of planning in the performance of this duty.

2.

Inspection of Premises. In the performances of his duties, the planning director and authorized employees of the planning department shall have the right to enter any building or premises for the purposes of investigation and inspection; provided, that such methods of investigation and inspection shall comply with all current laws including section 12C-6.

(e)

Methods of Enforcement. In addition to the regulations of this article, the other portions of the zoning ordinance and this Code governing the approval or disapproval of applications for building permits or other permits or licenses affecting the use of land or buildings, the planning director shall have the authority to implement the enforcement thereof by serving notice requiring the removal of any violation of this article upon the owner, agent, tenant or occupant of the building or land, or upon the architect, builder, contractor or other person who commits or assists in any such violation.