§ 26-7. Demolition permits.

(a)

If the city council passes a motion authorizing a demolition permit to be issued for an existing structure located within the NCD, the applicant shall obtain the demolition permit within one year of the passage of the city council motion. If the applicant fails to do so, the authorization shall be deemed null and void.

(b)

If the city council passes a motion denying authorization for a demolition permit to be issued for an existing structure located within the NCD, no new application for a demolition permit may be filed for the same structure within six months of the original application.

(c)

If demolition occurs or commences on structures subject to sections 26-2 through 26-12 without all necessary and proper permits, the director of the department of safety and permits shall issue a post-demolition permit. Such permit shall cost 15 percent of the building value as recorded by the tax assessor. Failure to obtain said permit shall result in the city issuing a permit at its expense; in which event the city may file an affidavit by the director of the department of safety and permits to this effect in the office of the Recorder of Mortgages for Orleans Parish, which notice shall constitute a lien and privilege against the property. Any lien and privilege recorded against an immoveable property pursuant to this section shall be included in the next annual ad valorem tax bill.

i.

An application for an appeal of the assessment of a post-demolition permit fee must be made to the NCDAC within 30 days of the assessment of said fee.

ii.

The NCDAC shall recommend approval or denial of the application for fee modification by a majority vote of the members present.

iii.

If the NCDAC does not recommend approval or denial of the application for fee modification within 60 calendar days of the first hearing date set for the application, the NCDAC shall be deemed to have recommended denial of the application to the city council. This recommendation shall be delivered to the clerk of council within 14 days of the vote.

iv.

Upon receipt of an NCDAC recommendation by the clerk of council, the city council shall uphold or overrule the recommendation by city council motion within 60 calendar days, or the failure of the city council to uphold or overrule the recommendation within this time frame shall be deemed a denial of the application.

(Ord. No. 19,791, § 1, 8-3-00; M.C.S., 23005, § 1, 2-21-08; M.C.S., Ord. No. 26037, § 1, 9-18-14)