January 1991 - Laserfiche WebLink

Home Browse Search

District designation would also permit the use of tax credits in an area where little other such funding is available. 5. Historic Landmarks a. 1028 E. Wayne Street Mrs. Dennen inquired about the status of the landmark and the Commission's petition to Code Enforcement. In response to Mr. Oxian's question of whether a letter had been sent, Mr. Pastor reported that a letter had been sent some time ago. Mr. Oxian stated that the letter should be sent to the legal department. Ms. DeRose stated that the problem the legal department has is that Code Enforcement does not have the authority to enforce preservation standards. Violations must be a health or safety threat. The legal department is concerned that, if Code Enforcement is required by them to enforce the preservation standards, that the courts might say Code Enforcement is outside of their jurisdiction. Mrs. Dennen asked Ms. DeRose if she knew, for a fact, that the owners had been contacted. Ms. DeRose stated that they had, or at least the attorney representing Code Enforcement had authorized a letter to go out. She wasn't certain that they could go much further than that. Mr. Oxian stated that David Chapleau, formerly of the City Attorney's office, had stated at one time that the Commission could go through the city's legal department to take the owner to court when they are in violation of the standards, since the standards are a part of the ordinance. Mr. Newburn asked how Code Enforcement's current work differed from enforcing preservation standards as a part of the code. Ms. DeRose explained that, unless the property is in violation of health and safety standards, Code Enforcement is not within its power to write up a violation notice. If Code sends a letter