(A) If a historic landmark or a property within a residential historic district has been determined by the Historic Preservation Board to be the subject of demolition by neglect, the Historic Preservation Board or Planning Services shall provide the owner of record with a written notice specifying the conditions of deterioration and the minimum items of repair or maintenance necessary to correct or prevent further deterioration.

(B) Such notice shall be sent by certified mail, return receipt requested, addressed to the owner of the property, contract purchaser, if applicable, at his or her last known address, or the address shown on the real property tax records maintained by Johnson County, Kansas. Such notice, when so addressed and deposited with the Postal Service with proper postage prepaid, shall be deemed complete and sufficient. In the event that notification cannot be accomplished, as aforesaid, after reasonable efforts, notice shall be accomplished by posting a public notice on the property.

(C) The notice shall provide that corrective action shall commence no later than thirty (30) days from the receipt or posting of said notice, unless an extension is granted by the Historic Preservation Board. The owner or contract purchaser, if applicable, shall demonstrate continual progress and all repairs shall be completed within a reasonable period of time. The notice shall state that the owner(s) of record of the subject property may within ten (10) days request a hearing before the Historic Preservation Board challenging the finding of demolition by neglect and/or the notice to repair. If such request for a hearing is received within this time period, a hearing will be held at the next regular meeting of the Historic Preservation Board. The Historic Preservation Board shall review all evidence of demolition by neglect at the scheduled hearing.

(D) In the event that the Historic Preservation Board finds that, notwithstanding the necessity for such improvements, corrective action would impose a substantial hardship on the owner or any or all persons with any right or title in the subject property, then the Board shall establish a period of forty-five (45) days and direct Planning Services to seek alternative methods to preserve the historic landmark or property located within a historic district.

(E) If no alternative is found to preserve the structure without undue hardship to the owner and any or all persons with any right or title in the subject property, and the structure is determined a threat to human safety and is in violation of City code, a demolition permit may be issued. (Ord. 10-82 § 11, 2010; Ord. 10-07 § 10, 2010; Ord. 07-54 § 1, 2007.)