This ordinance seeks to do two things: (1) amend Title 8 to ensure compliance with I.C. 36-7-11; and (2) amend Title 8 to alleviate problems with noncompliance and enforcement. The ordinance suggests major changes to ensure Title 8 complies with Indiana Code. First, it changes the manner in which conservation districts are established and maintained. Second, it changes the manner in which a property owner continues his/her quest to demolish a protected building if the Commission fails to issue a certificate of appropriateness. Third, it establishes the exclusive method by which a property or district designated as historic may remove said designation. Additionally, the ordinance suggests three major changes to alleviate problems the Commission has recently experienced. First, the word "moving" is defined so as to exclude from review those instances where a disgnated property is only lifted from its foundation to make repairs to said foundation. Second, a new definition is created to define the phrase "substantial removal" to better advise property owners of how much of a structure can be removed without having to first obtain Commission approval. Third, the penalty provisions of the Title have been enhanced in the following manner: (1) demolition of a protected structure shall result in an initial fine of $2,500 and increase up to $7,500.00 per day until the violation is corrected-which does not occur until an acceptable application is submitted to the Commission; and (2) a reference is made to Title 20 putting property owners on notice that a demo delay violation may result in the City's refusal to issue occupancy permits for no more than two years.

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