Fayette Property Owner Objection or Concurrence ordinance (§ 415.230)

A. The FHPC shall give owners of private property an opportunity to object to or concur with the designation of their property. As part of the nomination process, the FHPC will notify in writing the property owner(s) of the intent to bring the nomination before the Planning and Zoning Commission. The list of owners shall be obtained from either official land recordation records or tax records, whichever is more appropriate. The FHPC is responsible for notifying only those owners whose names appear on the list consulted. Where there is more than one (1) owner on the list, each separate owner shall be notified. The FHPC shall send the written notification by certified mail at least thirty (30) days before the date of the public hearing on the nomination scheduled by the FHPC. The notice shall give the owner(s) at least thirty (30) days to submit written comments and object to or concur by way of a notarized statement to the designation of such property.

B. The commenting period can be waived when all property owners have advised the Planning and Zoning Commission in writing that they agree to the waiver.

C. If a property owner objects to the designation of his/her property, the FHPC shall consider said objection and make a recommendation as to whether the property should be so nominated despite the owner's objection. If the FHPC nominates the property over the owner's objection, the owner may file with the City Administrator a written appeal requesting that the matter be decided by the Board of Aldermen. The Board of Aldermen shall then conduct a hearing into the matter within sixty (60) days of receiving the owner's appeal, and shall give the property owner, the FHPC, and any other interested party the opportunity to be heard. After hearing, the Board of Aldermen shall vote on the matter and for the property to be designated over the objection of the property owner. the vote must be carried by a majority of the Board of Aldermen.