A. Commission Created: There is hereby created and established an historic preservation commission which shall consist of five (5) members who shall be appointed by the mayor.
B. Composition of Commission: The mayor shall select to the extent available at least two (2) members of the commission who shall be professionals in the fields of history, architecture, architectural history, archaeology, planning, urban planning, American studies, American civilization, cultural geography or cultural anthropology, as those professions are defined by National Park Service regulations.
C. Terms of Office: The members of the commission shall serve overlapping terms of four (4) years. Initially, one (1) member shall be appointed for a term of one (1) year, one (1) member shall be appointed for a term of two (2) years, one (1) member shall be appointed for a term of three (3) years, and two (2) members shall be appointed for a term of four (4) years. Thereafter, all appointments shall be made for a term of four (4) years. Members may be reappointed for consecutive terms. If a member represented a designated profession and ceases to be a member of that profession, or if a vacancy occurs for some other reason, a new appointment shall be made by the mayor for the unexpired term.
D. Compensation: Members of the commission shall serve without pay but shall be reimbursed by the city for necessary expenses incurred in connection with their duties.
E. Organization – Officers – Rules – Meetings: At their first meeting, the appointed commissioners shall elect officers who shall serve for terms of one (1) year. The commission may establish any rules necessary for the orderly conduct of its business. All meetings of the commission shall be open to the public. The commission shall meet at least twice each year and shall keep minutes of its resolutions, proceedings and actions which shall be made available for public inspection.
F. Powers and Duties:
1. Survey of Historic Resources: The commission shall conduct or cause to be conducted a survey of historic, architectural and archaeological resources within the community. Such survey shall result in an inventory which is able to be readily integrated into statewide comprehensive historic preservation planning and be compatible with the Utah inventory of historic and archaeological sites. The resulting inventory shall be open to the public and shall be updated at least every ten (10) years;
2. Other Duties: The commission shall review and comment to the State Historic Preservation Officer on all proposed national register nominations for properties within boundaries of the city. In addition, it shall provide information to government officials and citizens of the area regarding historic and archaeological resources and history of the community. The commission shall be considered as an interested individual property owner for the purpose of making application to the planning commission for recommendation of landmark sites under this chapter. Enforcement of all state laws relating to historic preservation shall be supported by the commission with violations being brought to the attention of the appropriate authority.
G. Public Hearing: Upon recommendation by the commission that property be nominated for inclusion on the national register, or upon recommendation by the planning commission that a site be designated as a landmark site pursuant to this chapter, the city council shall hold a public hearing preceded by giving sufficient written notice to the owners and occupants of the affected property and by publication in a newspaper of general circulation at least five (5) but not more than fifteen (15) days prior to the date of the public hearing. The notice shall designate whether the subject property is nominated for inclusion on the national register or whether it is being proposed as a landmark site because of its historical, architectural and cultural significance. The owners, occupants and any party known to be affected by a proposed historic landmark shall be given written notification of such recommendation or nomination as herein provided by utilizing the most current city and county records to obtain current addresses.
H. Notice of Alteration: While a site nominated for the National Register of Historic Places shall be subject to federal and state regulations affecting the same, properties designated as landmark sites pursuant to this chapter may be demolished, materially altered, remodeled, relocated or put to a different use only after one hundred twenty (120) days’ written notice of the owner’s proposed action has been given to the commission. During this one hundred twenty (120) day period, the commission may negotiate with the owner of the landmark and with any other parties in an effort to find a means of preserving the property. The commission may reduce the waiting period required by this section in any case where the owner would suffer extreme hardship, not including loss of profit, unless a reduction in the required period were allowed. On the other hand, where application for landmark site designation has been submitted to the planning commission and before decision by the city council, the commission may cause an additional waiting period to be imposed prohibiting demolition, material alteration, remodeling or relocation until there has been action of nonrecommendation by the planning commission or action by the city council.
I. Maintenance: Neither the owner nor occupant of a structure nominated for inclusion on the national register or designated as a landmark site pursuant to this chapter shall permit such structure or landmark to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce, in the judgment of the commission, a detrimental effect upon the life and character of the landmark or structure in question, including, but not limited to:
1. The deterioration of exterior walls or other vertical supports;
2. The deterioration of roofs or other horizontal members;
3. The deterioration of exterior chimneys;
4. The deterioration or crumbling of exterior plaster or mortar;
5. The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors; or
6. The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe conditions.
J. Penalty: Any person who violates any provision of this chapter shall be guilty of a class C misdemeanor or lesser offense, as determined by the city attorney and, upon conviction, subject to penalty as provided in section 1-4-1. Any person who filed with the commission and who refused to furnish, upon demand by the commission, any information relating to such application or request, or who willfully makes any false statement in such application or request, shall be also liable for such misdemeanor or lesser offense. For the purpose of this chapter, each day during which there exists any violation of any provision herein shall constitute a separate violation of such provision. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2021-06-006, 6-3-2021)