New Orleans |
Code of Ordinances |
Chapter 84. HISTORIC PRESERVATION |
Article II. HISTORIC DISTRICT AND LANDMARKS |
Division 4. REGULATIONS |
§ 84-107. Landmarks designation.
(a)
Procedure. The following procedure shall be adhered to in designating any building, structure, site, monument, or other landmark that is worthy of preservation:
(1)
The commission shall consider for landmark designation any property proposed by motion of any commission member and seconded by two additional commission members, or by the owner of the proposed property.
(2)
Notice of a proposed designation shall be sent by registered mail to the owner of property proposed for landmark designation, describing the property proposed and announcing a public hearing by the commission to consider the designation.
(3)
The commission shall also send notice of a proposed designation to all city agencies that have previously requested such notification, in whose area the proposed landmark is located, if any exists, and to other parties customarily informed by the commission of such proceedings.
(4)
The commission shall also cause notice of the proposed designation to be published at least once at least 30 days prior to the public hearing in the official journal of the parish and shall post notice of the hearing in the place where the commission meets, and in addition, such notice may be also published in a newspaper having general circulation in the parish.
(5)
The commission may solicit expert testimony regarding the historic and architectural importance of the building, structure, site, monument, area, or other landmark under consideration for designation.
(6)
The commission may present testimony or documentary evidence of its own to establish the importance of the proposed landmark property.
(7)
The commission shall afford to the owner of the property reasonable opportunity to present testimony or documentary evidence regarding the historic and architectural importance of the proposed landmark property.
(8)
The owner of property proposed for landmark designation shall be afforded the right of presentation by counsel and reasonable opportunity to cross-examine witnesses presented by the commission.
(9)
Any interested party may present testimony or documentary evidence regarding the proposed landmark designation at the public hearing and may submit to the commission documentary evidence within three days after the hearing.
(10)
Within not more than 45 days after a public hearing, the commission shall render a final decision regarding the proposed designation and shall give written notice of its decision to the owner of the property proposed for designation setting forth the reasons therefor.
(11)
The commission shall maintain a record of all testimony and documentary evidence submitted to the commission for consideration of a proposed landmark designation.
(12)
In accord with subsection(a)(2) of this section, the city council may ratify the determination of the commission prior to the classification of a property as a landmark at a regular or special meeting of the city council.
(13)
Within 30 days of the date on which the commission designates or the city council ratifies, as the case may be, any building, structure, site or monument as a landmark worthy of preservation, the commission shall cause to be filed in the conveyance office of the parish a certificate of notification that such property is designated a landmark, and the certificate of notification shall be maintained on the public record until such time as the landmark designation may be withdrawn by the commission or the city council.
(b)
Plaque. At such time as a landmark or landmark site has been finally established in accordance herewith, the commission may cause to be prepared and erected on the landmark or landmark site a suitable plaque declaring that such is a landmark or landmark site.