In regard to application to demolish or move an historic building, landmark, place, or structure, the following matters shall be considered:

a. Its historical, architectural and aesthetic significance.

b. Its use.

c. Its importance to the City and the extent to which its historical or architectural value is such that its removal will be detrimental to the district and/or to the public interest.

d. The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty.

e. The extent to which its retention would promote business, create new positions, attract tourists, students, writers, historians, artists or artisans, encourage study and interest in American history, stimulate interest and study in architecture and design, educate citizens in American culture and heritage or make the City a more attractive and desirable place in which to live.

f. The probable impact of its removal upon the ambience of the Historic District.

g. The structural soundness and integrity of the building and the economic feasibility of restoring or rehabilitating the structure so as to allow for a reasonable use of same.

h. Whether there is any threat to the public health and safety as a result of deterioration or disrepair of the building or structure.

i. The technological feasibility of rehabilitating the structure.

j. The intended use of the property.

k. Whether interference with the charitable purposes of any nonprofit or charitable organization will result if the building is not demolished.

l. The use for which the building was designed and the feasibility of utilizing same for its design use. (Ord. #89-24)

All permits or actions requiring a Certificate of Appropriateness and all applications for development in historic districts or for historic sites shall be governed by the design guidelines for historic districts and sites entitled "Guidelines and Recommendations For Architectural Review in the Ocean City Historic District 1992" which are set forth in Schedule B annexed to this Article. The guidelines are an integral part of the Article and are incorporated as if set forth at length. (Ord. #93-2, 12)

Issuance of an approval of a permit shall be deemed to be final approval pursuant to this Article. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other City Ordinance to be made prior to undertaking the action requested concerning the historic site or the structure in an Historic District. (Ord. #89-24)

Denial of a permit shall be deemed to preclude the applicant from undertaking the activity applied for. (Ord. #89-24)

The granting or denial of a permit may be appealed to the Board of Adjustment in the same manner as an appeal is taken pursuant to N.J.S.A. 40:55D-70(a). Nothing herein shall be deemed to limit the right of judicial review of the City action after an appeal is concluded by the Board of Adjustment. If the Board of Adjustment determines there is an error in the decision made by the Administrative Officer pursuant to the report submitted by the Commission, the Board of Adjustment shall include the reasons for its determination in the findings of its decisions thereon. (Ord. #89-24; Ord. #93-2, 13)

In the event the Commission grants an application for demolition, or in the event an appeal is taken to the Zoning Board of Adjustment whose decision is to grant an application for demolition, no demolition permit shall be issued for a period of seven (7) days following the later date of the decision by the Commission or the Zoning Board of Adjustment, if an appeal is taken to the Board of Adjustment. (Ord. #01-14, 1)

In the event that the Commission disapproves an application for a permit to demolish an historic building, place or structure, the owner shall, nevertheless, as a matter of right, be entitled to raze or demolish such building, place or structure provided that all of the following requirements have been fully met:

a. The owner has applied for the necessary permit and has received notice of denial of same from the Commission and has appealed said denial to the Zoning Board of Adjustment, which has affirmed the denial.

b. The owner has met the following notice requirements:

1. Notice of the proposed demolition has been posted on the premises of the building, place or structure throughout the notice period in a location such that it is clearly readable from the street.

2. Applicant has published a notice in the official newspaper of the City within the first ten (10) days of the notice period, within not less than ten (10) nor more than fifteen (15) days prior to the expiration of the notice, and at least once each ninety (90) days between the above first and last notifications, if the notice period is six (6) months or longer.

c. The period of time during which notice must be given in the manner herein set forth shall be known as the Notice. It shall commence on the tenth (10th) day following the date of the notice of denial received from the Zoning Board of Adjustment after an appeal has been decided and such notice period shall run for a period of time of six (6) months.

d. The owner has during the notice period, and at a price reasonably related to its fair market value, made a bona fide offer to sell such building, place or structure and the land pertaining thereto to any person or organization, government or agency thereof or political subdivision or agency thereof, which gives reasonable assurance that it is willing to preserve the building, place or structure and the land pertaining thereto.

e. The owner shall not have been a party to any bona fide contract binding upon all parties thereto for the sale of any such building, place or structure and the land pertaining thereto executed prior to the expiration of the notice period except a contract made in accordance with paragraph d. above.

f. The Commission may, at any time, during such notice period if a significant change in circumstances occurs approve a permit for demolition, in which event the permit shall be issued within ten (10) days thereafter. During the notice period the Commission shall consult with the City Council, the New Jersey Department of Environmental Protection or other similarly qualified organizations to ascertain how the City may preserve the premises to be demolished. The Commission shall be empowered to assist the owner in developing plans to preserve the structure when moving or demolition thereof would be a loss to the City. The Commission shall be empowered to negotiate with the applicant to see if an alternative to demolition can be found and may require the applicant to prepare a financial analysis which may include any or all of the following:

1. Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased;

2. Assessed value of the land and improvements thereon according to the most recent assessment;

3. For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record;

4. All appraisals obtained by the owner in connection with his purchase or financing of the property, or during his ownership of the property;

5. Bona fide offers for the property for sale or rent, price asked, and offers received, if any, and

6. Any consideration given by the owner as to profitable, adaptive uses for the property.

The Commission shall study the question of undue hardship for the applicant and shall determine whether the site or the property in the Historic District can be put to reasonable beneficial use without the approval of the demolition application. (Ord. #89-24; Ord. #93-2, 14)

Any person violating any of the provisions of this Article shall upon conviction thereof be subject to the penalties herein. (Ord. #89-24)

A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. #89-24)

Any person who shall undertake any activity without approval required by this Ordinance, shall be deemed to be in violation of this Article. (Ord. #89-24)

Upon learning of the violation, the Administrative Officer shall personally serve upon the owner of the property whereon the violation is occurring a notice describing the violation in detail and giving the owner ten (10) days to abate the violation by restoring the site or improvement to the condition it was in prior to the violation. If the owner cannot be personally served within the City with said notice, a copy shall be posted on the site and copy sent to the owner at his or her last known address. (Ord. #89-24)

In the event that the owner does not begin to abate the violation as set forth in Section 25-1800.11.4, the Administrative Officer shall cause to be instituted any appropriate action or proceeding to prevent such unlawful activity, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises. (Ord. #89-24; Ord. #93-2, 15)

If any person shall undertake any activity requiring a permit and report of the Commission without first having obtained approval, he or she shall be required to immediately stop the activity, apply for approval, and take any necessary measures to preserve the affected historic site or improvement pending a decision. If the work is denied, he or she shall immediately restore the affected historic site or improvement to its preactivity status. The Administrative Officer is hereby authorized to seek injunctive relief regarding a stop action or restoration in the Superior Court, not less than ten (10) days after the delivery of notice pursuant to Section 25-1800.11.4 hereof. (Ord. #89-24)

In the event that any action which would permanently and adversely change an historic site or Historic District, or a demolition or removal of an historic site or improvement is about to occur without approval having been issued, the Administrative Officer is empowered to apply to the Superior Court of New Jersey for injunctive relief as is necessary to prevent such actions. (Ord. #89-24)

In addition to the remedies provided above, a person convicted of a violation of this Article before a court of competent jurisdiction shall be subject to a penalty as follows:

a. For each day up to ten (10) days, not more than twenty-five dollars ($25.00) per day.

b. For each day between eleven (11) to twenty-five (25) days, not more than fifty dollars ($50.00) per day.

c. For each day beyond twenty-five (25) days, not more than seventy-five dollars ($75.00) per day.

d. For each day beyond twenty-five (25) days, a jail term, not to exceed ninety (90) days may be imposed. (Ord. #89-24)

Recognizing the need for preventive maintenance to insure the continued useful life of landmarks and structures in Historic Districts, the City Council hereby declares that Code enforcement for such landmarks and structures in Historic Districts is a high municipal priority. (Ord. #89-24)

In the event that any landmark or improvement in an Historic District deteriorates to the point that in the best estimate of the Administrative Officer, the cost of correcting the outstanding Code violations equals more than twenty-five percent (25%) of the cost of replacing the entire improvement on which the violation occurs, the Administrative Officer shall serve personally or by certified mail, return receipt requested, a notice on the owner of the property listing the violations, the estimate for their abatement, and the replacement cost of the improvements, and stating that if the owner does not take all necessary remedial action within sixty (60) days, or such extensions as the Administrative Officer shall for good cause grant, the City of Ocean City's designated official may, at the expiration of said sixty (60) days enter upon the property and abate such violations and cause the cost thereof to become a lien on the property. (Ord. #89-24)

Upon receipt of such notice, the owner may within ten (10) days after such receipt notify the Administrative Officer of his or her intentions to have a hearing as to the allegations and estimates set forth in the notice. Such hearing shall be conducted by the Commission and shall, so far as possible, be a formal adversary proceeding in which the Administrative Officer shall establish the matters alleged in the notice by a preponderance of the evidence. (Ord. #89-24)

If the owner does not request a hearing, the procedure set forth in the above Section shall be binding. If a hearing is requested, the Administrative Official will within ten (10) days following the hearing, serve on the owner an opinion in writing setting forth his conclusions and the reasons therefor. Such opinion shall be deemed to be a first notice pursuant to this Section. (Ord. #89-24)

Thereafter, if the owner does not comply, the Administrative Officer may enter onto the premises and by use of municipal labor or outside contractors or both, perform such work as is necessary to abate all violations. (Ord. #89-24)

The Administrative Officer shall then certify to City Council the cost of such work plus all administrative, clerical and legal costs and overhead attributable thereto and shall present the same to City Council. (Ord. #89-24)

City Council may by resolution vote to cause the sum so certified to become a lien upon the property, payable with the next quarter's property taxes and if not then paid, bearing interest at the same rate as delinquent taxes. (Ord. #89-24)

It shall be the duty of all municipal officials of the City of Ocean City reviewing all permit applications involving real property or improvements thereon to determine whether such application involves any activity which should also be the subject of an application for a permit, and if it should be to inform both the Secretary of the Commission, the Administrative Officer and the applicant of same. (Ord. #89-24)

This Article shall be liberally construed to affect the purposes set forth herein. In the event that this Ordinance conflicts with State law, State law shall take precedence. (Ord. #89-24)

In the event that any portion of this Article is found to be invalid for any reason by any court of competent jurisdiction, such judgment shall be limited in its affect only to the portion of the Article actually adjudged invalid and shall not be deemed to affect the operation of any other portion hereof. (Ord. #89-24)

No duties or powers of the Commission shall supersede or infringe on the powers of other City Boards or Committees. (Ord. #89-24)

All ordinances and all provisions thereof inconsistent or conflicting with the provisions of this Article are hereby repealed to the extent of such conflict or inconsistency. (Ord. #89-24)

This Article shall take effect upon final passage and publication as required by law. (Ord. #89-24)