A. Inspection by Code Enforcement Officer; report to the Town Board. When in the opinion of the Code Enforcement Officer, a property having a Limited Historic Commercial Overlay District designation is deemed as not in compliance with the preservation plan because:
(1) The preservation plan is not being implemented and repairs are being neglected and deterioration of the property is visibly occurring, or
(2) The preservation plan is not being implemented because exterior building alterations, additions, reconstructions, or repairs jeopardize the historical significance and designation of the structure, the Code Enforcement Officer shall report in writing to the Town Board the officer's findings and recommendations.
B. The Town Board will consider the report and, if it finds from the report that there are grounds to believe that the preservation plan is not being followed the Town Board, by resolution, shall order dissolution of the Limited Historic Commercial Overlay District, at which time the property will revert to its underlying zoning designation. The Town Board shall further order that a notice of the order and of the related upcoming public hearing shall be served on the owner or some one of the owner's executors, legal representatives, or any other person having a vested or contingent interest in the property, either personally or by registered mail addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in same, as shown by the records of the receiver of taxes and/or in the office of the County Clerk or County Register.
C. Contents of notice. Said notice shall contain the following information:
(1) A description of the premises.
(2) A statement describing how the preservation plan is not being followed.
(3) The Town Board's order requiring compliance with the preservation plan pursuant to a specified timetable.
(4) A statement that a hearing will be held before the Town Board at a time and place specified in the notice, at which hearing the owner and such persons having an interest in the property or structure may contest the order, and that in the event such owner or persons having an interest shall fail to contest successfully such order or fail or refuse to comply with same or with any amended order that the Town Board may issue after the hearing, the Town Board will dissolve the Limited Historical Commercial Overlay District, and the property will revert to its underlying zoning designation.
D. Hearing. At the time and date specified in the notice to repair or restore the property the Town Board shall conduct the public hearing. It may adjourn from time to time until the hearing is completed and until all interested parties that make reasonable attempts to participate are heard. At the conclusion of the hearing, the Town Board shall determine to revoke the order; or continue or amend said order and direct the owner and other persons to complete the work within a specified time which shall be reasonable as to the time needed to perform the work.
