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AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, BY AMENDING SECTIONS 40-109, 40-114, AND 40-115 PERTAINING TO THE PROCEDURE FOR APPEALS FROM THE BOARD OF ARCHITECTUR~ REVIEW IN HISTORIC DISTRICTS. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That Section 40-109 of the Code of the City of Portsmouth, Virginia, 1973, be amended and reordained to read as follows: Section 40-109. Appeals. Appeals may be taken from any action or decision of the Commission in granting or refusing to grant a cer- tificate of appropriateness or a permit pursuant to the pro- visions of this Article, as provided in Article X of Chapter 40 of the Code of the City of Portsmouth, 1973, to the Circuit Court~ or any other provision of law. 2. That Section 40-114 of the Code of the City of Portsmouth, Virginia, 1973, be amended and reordained read as follows: to Section 40-114. Approval of Application. In the event the Commission reco~uends approval of the application to remove an official marker or to demolisk or alter a building as provided for in Section~40-tl3, the Commission shall immediately so advise the owner. 3. That Section 40-115 of the Code of the City of Portsmouth, Virginia, 1973~ be amended and reordained to read as follows: Section 40-115. Procedure upon Denial of Application. In the event the recommendation of the Commission is to deny the application to remove an official marker or to demolish or alter a building as provided for in Section 40-113, it shall, at the same time, recommend whether or not the building should be acquired, leased, or otherwise dealt with in accordance with law. The Commission shall for%~ard immediately such report to the City Manager for transmittal to the Council at its next regular meeting to- gether with any co~ents which he may deem appropriate. At the same time, the Commission shall notify the owner of such action, and the owner shall not remove the official