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r LEGAL DEPARTMENT INTEROFFICE MEMORANDUM TO: John Oxian, Rhonda Saunders Department of Historic Preservation FROM: Cheryl A. Greene, Assistant City Attorney DATE: March 15, 2001 RE: Petition to Rescind Landmark Designation 14297 S.R. 23, St. Joseph County, Indiana This memo is in response to your request for an opinion concerning the process for rescinding landmark status and the appeal process related to same. I. Process for Revoking Landmark Designation Under Municipal Code § 21-117.2(d), the Historic Preservation Commission ("Commission") has the implied authority to revoke, alter or amend its designation of a landmark. In the instant case, the property owner has presented the Commission with a Petition to Rescind the Landmark Designation ("Petition"). Initially, the Legal Department incorrectly advised the Commission that the Petition should be presented as a Certificate of Appropriateness. However, upon further review, legal counsel determined that revocation of landmark designation is treated in the same manner as the origination of a landmark designation. Accordingly, the property owner should be given the opportunity to present its Petition to the Commission under New Business as soon as possible. As stated above, the procedure for revoking landmark designation is the same as the procedure for designating a new landmark: 1. The Commission recommends the revocation, alteration or amendment of the landmark designation; and 2. The Commission's recommendation is sent to either the Common Council or the County Council (hereinafter the "Council"), as appropriate; and 3. The landmark designation is revoked, altered or amended by the Council through the passage of an ordinance. The submission and passage of a revocation ordinance to the Council includes the requirement for a public hearing. 1