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HomeMy WebLinkAboutD-2463-19 Historic Preservation Commission Notice to Property Owners SPONSOR(S): Councilors Finkam. Worrell, Campbell, Green, Rider ORDINANCE NO.D-2463-19 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA, AMENDING CHAPTER 2, ARTICLE 5,SECTION 2-188(c)(2) OF THE CARMEL CITY CODE Synopsis: Ordinance requires that prior to adding properties to the Carmel/Clay Township Historic Properties Survey,the Carmel Historic Preservation Commission must provide notice to the affected property owners. WHEREAS, in 2011 the Common Council established the Carmel Historic Preservation Commission(the "Commission") to preserve and protect the historic or architecturally worthy buildings, structures, sites, monuments, streetscapes, squares, and neighborhoods of designated historic districts located within the City's corporate limits; and WHEREAS, in order to identify historic or architecturally worthy structures that may be worthy of preservation, the Commission conducts the Carmel/Clay Township Historic Properties Survey (the "Survey")of properties within the City; and WHEREAS, it is in the public interest to provide notice to affected property owners of the proposed inclusion of their property on the Survey before those properties are officially added to the Survey. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Cannel, Indiana, that: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. Chapter 2, Article 5, Section 2-188(c)(2) of the Cannel City Code is hereby amended to read as follows: "(c) Powers and duties of the Commission. (2) Surveys. The Commission shall conduct surveys and establish historic districts in accordance with the provisions of division(d)below. The Commission may conduct additional surveys, and draw and submit additional maps for approval by the Cannel City Council, as it considers appropriate. Not less than ten(10)days prior to the Common Council meeting at which proposed additions to the Carmel/Clay Township Historic Property Survey will be considered,the Commission shall notify the property owners of their property's proposed inclusion on the survey by certified mail. Upon submission to the Common Council of proposed additions to the Survey,the Commission shall include proof of notification." Section 3. The remaining provisions of Cannel City Code Section 2-188 are not affected by this Ordinance and shall remain in full force and effect. Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed,to the extent of such inconsistency only, as of the effective date of this Ordinance. However,the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or liabilities accrued,penalties incurred or proceedings begun prior to the effective date of This Ordinance was prepared by Jon Oberlander,Cannel Assistant City Attorney,on 4/3/19 at 1:04 p.m.No subsequent revision to this Ordinance has been reviewed by Mr.Oberlander for legal sufficiency or otherwise. SPONSOR(S): Councilors Finkam,Worrell, Campbell,Green, Rider this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. Section 5. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 6. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. I 4A-ki krSED by the Common Council of the City of Carmel, Indiana this l' day of E 2019,by a vote of ] ayes and nays. ON COUNCIL FOR THE CITY O�ARMEL Je ell,President An on re C-- (-7 Laura D. Campbell, Vice-President H. Bru Ki all R . Carter Kevin D. Rider S F' A 1"1' ST: C lir stine S. Pauley, Jerk-Treasurer iPresented by me to the Mayor of a Ci Carmel, Indi this , t day of D f i 1 2019, at 9-0 M. ` / V Christine S auley, Clerk-Trea., er Approved by me, Mayor of the City of el, Indiana, this A day of 4fez 2019, at t1 .i i . /../ 77-------> ' __A �_ I es Brainard, Mayor Al" ST: / i. C st' e S. Pauley, C rk-Treasurer dif Ordinance D-2463-19 Page Two of Two This Ordinance was prepared by Jon Oberlander,Carmel Assistant City Attorney,on 4/3/19 at 1:04 p.m.No subsequent revision to this Ordinance has been reviewed by Mr.Oberlander for legal sufficiency or otherwise. I