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<br />Sec. 40-54.5. Appeals. <br /> <br />(a) Either an applicant or the planning director may appeal to the city council <br />any final decision of the historic preservation commission regarding a certificate of <br />appropriateness, provided such appeal is filed in writing with the commission secretary <br />within 30 days of the commission's decision. The written appeal shall set forth any <br />alleged error in the commission's action or decision. The appeal shall state with <br />specificity the nature of the error allegedly committed by the commission in finding that <br />the proposed erection, alteration, reconstruction or restoration of a structure would not be <br />architecturally compatible with the historic properties, buildings or structures within the <br />historic district. A conclusory statement of error without any allegations of specific facts <br />shall be insufficient to meet the requirements of this paragraph. <br /> <br />(b) An appeal review committee consisting of the planning director and the <br />city attorney or their designees shall initially review the written appeal. In the event that <br />the planning director initiates an appeal, the city manager shall designate a city employee <br />not employed in the department of planning to serve on the committee in place of the <br />planning director. The committee shall determine whether the written appeal meets the <br />requirements of paragraph (a) above. If the appeal fails to meet the requirements, the <br />committee will deny the appeal on the grounds of insufficiency and so notify the <br />applicant in writing. The notification shall provide the reasons for the denial. The <br />applicant may appeal the committee's decision to the circuit court. If the committee finds <br />that the applicant's appeal has stated sufficient grounds for an appeal, the appeal shall be <br />forwarded to the city clerk who shall place it on the city council's agenda. The applicant <br />shall be notified in writing when an appeal is forwarded to the city clerk. <br /> <br />(c) The filing of an appeal shall stay the commission's decision pending the <br />outcome of the appeal, except that such filing will not stay the Commission's decision if <br />such decision denies the right to raze or demolish a building or structure. <br /> <br />(d) The city council shall reverse the commission's decision only upon a <br />finding of error in the commission's actions or findings. If the city council affirms the <br />commission's decision, the applicant may appeal the city council's decision to the circuit <br />court within 30 days after the final decision is rendered by the city council. <br /> <br />(e) The timely filing of appeal in the circuit court shall stay the city council's <br />decision pending outcome of the appeal to the court, except that the filing of such petition <br />shall not stay the decision if such decision denies the right to raze or demolish a building <br />or structure. <br /> <br />Sec. 40-54.6. Certificate of appropriateness; violations; criminal penalties. <br /> <br />Failure to either obtain a required certificate of appropriateness prior to <br />commencement of work or failure to proceed with a project as approved or failure to <br />