Ord 2019-019/Ordinance on Emergency, establishing a waiting period for issuance of demolition permits for historic structures.

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located within 400 feet of the tract of land or lot on which the building, or part of or addition to such building, subject to demolition or removal is situated as determined by the most recent published tax roll of the county tax assessor - collector; C. sending written notice by regular mail, or by email if requested, to the Council of Neighborhood Associations ("CONA") and any individual neighborhood or property owners' associations registered with the city to receive such notices; d. sending written notice by regular mail, or by email if requested, to any other persons registered with the city to receive such notices; and e. sending written notice by email to the members of the city's Historic Preservation Commission, the members of the Hays County Historical Commission, and the President of The Heritage Association. SECTION 5. The person or applicant requesting the demolition or removal shall pay in advance all costs associated with providing the notices required under section 4. The costs associated with providing such notices shall be waived for applications to demolish homestead property. SECTION 6. The city shall not issue a permit authorizing the demolition or removal of any building described in Section 2, or part of or addition to such building, until at least 90 days have passed since the date that the last notice required under Section 4 was posted or sent. For purposes of this section, the date notice is placed in the mail or that the sender enters the send command for email shall be considered the date notice is sent. SECTION 7. The requirements of this ordinance shall not apply to the demolition of a building, or part of or addition to such building, the condition of which is determined by the Chief Building Official or the Fire Marshal to be an imminent threat to public safety. SECTION 8. It is a violation of this ordinance to demolish or remove a building described in Section 2, or part of or addition to such building, without having been issued a permit from the city specifically authorizing the demolition or removal. A person who violates this ordinance shall be subject to a fine not to exceed $2,000.00. A culpable mental state is not required to establish a violation of this ordinance. SECTION 9. In addition to the assessment of any criminal penalties, the city may pursue any remedies available at law or in equity, including injunctive relief, to enforce the provisions of this ordinance. SECTION 10. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion.