§ 2.12.1024. Wichita Register Listed Property-Demolition, moving or damage or destruction of historic features.  


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  • (a)

    If an application is received by the Office of Central Inspection for demolition or moving of any Wichita Register Historic Property, or any building, site, land, area, object, or structure within a Wichita Register Historic District, the applicant shall be referred to the preservation staff for a Certificate of Appropriateness application. Review of such application and required notification for a Certificate of Appropriateness shall be as provided in Section 2.12.1023.

    (b)

    For a project which involves demolition or which will or has the potential to damage or destroy historic features of a Wichita Register Historic Property, or a building, site, land, area, object, or structure within a Wichita Register Historic District, the proponent of such project shall, before doing any of the demolition or work in furtherance of such project, submit a Certificate of Appropriateness for review as provided for in Section 2.12.1023.

    (c)

    Bond requirement for demolition. A bond shall be placed on deposit with the Office of Central Inspection for the purpose of insuring completion of the demolition, or in the case of noncompletion, to insure that funds are available to pay for project completion by the city. Such bond will be in an amount equal to ten percent of the estimated cost of the demolition. Completion of the project by the applicant, with final inspection approval by the Office of Central Inspection will cause the deposit to be returned to the applicant in its entirety. Bond money shall be placed on deposit by the city for the express purpose of holding cash bond/deposit funds.

    (d)

    Completion date for demolition. All demolition work shall be completed by the applicant within ninety (90) days of issuance of the Certificate of Appropriateness. When circumstances beyond the certificate holder's control prevent completion of the work, the individual may request an extension, in writing, to the Historic Preservation Board prior to expiration of the permit. Requests for extension must indicate why the extension is required.

    (e)

    Final inspection is to be made by the Office of Central Inspection when all demolition related debris, contaminated soil, paving, concrete, foundations, and utilities have been removed from the property and disposed of properly.

    (f)

    Failure to complete. In the event the certificate holder fails to complete the demolition within the time established by the date set by subsection (d), or abandons the project site, the Office of Central Inspection shall inspect the demolition site to determine the extent of work yet to be completed. The Superintendent of Central Inspection may issue an order to complete, as provided for in subsection (g).

    (g)

    Order to complete. An order to complete may be issued by the Superintendent of Central Inspection in the event a demolition project is either abandoned or not completed in the allotted time. This order shall be posted on site and copies sent to owner of record, contractor, and lienholder. For the purpose of this section, lienholder shall include the bonding company and insurer, if any. An order to complete shall be issued in accordance with provisions for unsafe buildings or structures in the Uniform Building Code.

    (h)

    If the order to complete is not complied with within the allotted time, the Superintendent of Central Inspection shall forfeit the bond, the proceeds of such bond shall be paid into the general fund.

    (i)

    The City Council, on appeal of the decision of the Historic Preservation Board, may approve the Certificate of Appropriateness if it determines that feasible and prudent alternatives do not exist to the alteration, demolition or moving of the proposed project.

    (j)

    The City Council may deny the Certificate of Appropriateness if it determines that in the interest of preserving historical values, the Wichita Register Historic Property, or building, site, land, area, object, or structure within a Wichita Register Historic District should not be demolished, moved or altered.

    (k)

    In the event of an emergency demolition of a Wichita Register Historic Property, or a building, site, land, area, object, or structure within a Wichita Register Historic District, Office of Central Inspection staff shall notify the preservation staff as soon as possible.

(Ord. No. 42-645; Ord. No. 48-301, § 11, 3-24-09)