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BILL TAYLOR COUNCILMAN-AT-LARGE City of Bay Saint Louis, Mississippi
(REVISED 8/22/03)
insuring lawful notice, a hearing may be continued to a new date and time. The Commission shall receive evidence on the issue of whether the subject landmark or landmark site should be repaired and the owner or owners may present evidence in rebuttal thereto. If, after such hearing, the Commission shall determine that the landmark or landmark site is being demolished by neglect, it may direct the City Building Official to bring misdemeanor charges against the owner or owners if the necessary repairs are not completed within ninety (90) days of the determination by the Commission that the subject building or structure is being demolished by neglect.
SECTION XIV PUBLIC SAFETY EXCLUSION
None of the provisions of this ordinance shall be construed to prevent any action of construction, alteration, or demolition necessary to correct or abate the unsafe or dangerous condition of any landmark or landmark site, or part thereof, where such condition has been declared unsafe or dangerous by the City Building Official or the Fire Department and where the proposed actions have been declared necessary by such authorities to correct the said condition; provided, however, that such work as is necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. In the event any landmark or landmark site shall be damaged by fire or other calamity to such an extent that it cannot be repaired and restored, it may be removed in conformity with the normal permit procedures and applicable laws, provided that the City Building Official concurs with the property owner that the landmark or landmark site cannot be repaired and restored and so notifies the Commission in writing.
SECTION XV ENFORCEMENT AND PENALTY
The following civil and criminal penalties may be imposed upon those persons, firms, or corporations found to have violated requirements or prohibitions contained within this ordinance.
A.	Civil Penalty: (ask John about criminal penalty)
1.	Any person who constructs, alters, relocates or demolished any landmark or landmark site in violation of this ordinance shall be required to restore the landmark or landmark site to its appearance or setting prior to the violation. Any action to enforce this provision shall be brought by the City of Bay Saint Louis. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty.
2.	If construction, alteration, relocation, or demolition of any landmark or landmark site
occurs without a certificate of appropriateness, then the license of the company, individual, principal owner, or its or his successor in interest performing such construction, alteration, relocation, or demolition shall be revoked for a period of three (3) years.
3.	If demolition of a landmark or landmark site occurs without a certificate of appropriateness, then any permits on subject property will be denied for a period of three (3) years. In addition, the applicant shall not be entitled to have issued to him by any City official a permit allowing any curb cuts on subject property for a period of three (3) years from and after the date of such demolition.
4.	If demolition of a landmark or landmark site occurs without a certificate of appropriateness, then the license of the company, individual, principal owner, or its or his successor in interest performing such demolition shall be revoked for a period of five (5) years.
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