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H. Denial of Certificate of Approval. "A.ppeal to City Council" The Commission shall provide a written findings of facts for the grounds of denial of the Application for Certificate of Approval. The applicant shall be provided with a written statement of the grounds of denial and be provided with the procedures for appealing the decision to deny the Certificate of Approval. The permits applicant or any party aggrieved by the decision of the Heritage Preservation Commission shall, within ten (10) business days of the date of the Heritage Preservation Commission's order and decision, have a right to appeal such order and decision to the City Council. The appeal shall be made by delivering to the City Clerk t'NO copies of a Notice of Appeal and statement of reasons setting forth the grounds for the appeal. The City Clerk shall transmit one copy of the Notice of Appeal and statement to the City Council andaad one copy to the Heritage Preservation Commission. The Heritage Preservation Commission, in any written order denying a permit application, shall advise the applicant ofthis right to appeal to the City Council and include this paragraph in all such orders. Appeals on the grounds of economic hardship will be considered by City Council under the procedures and guidelines adopted by City Council. Consideration will be given to clear cases of economic hardship that meet the criteria for unreasonable use of property to be determined and set forth by Council. SUBD.7. PENAL TV FOR VIOLATION. An owner or occupant of any area, place, building, structure, or other object within a duly designated Heritage Preservation Site or protected by an Interim Protection Order who violates the provision of this chapter shall be guilty of a misdemeanor. Any architect, builder, contractor, agent, person or corporation who assists in the commission of a violation of this chapter shall be guilty of a misdemeanor for each day an owner or occupant of any area, place, building, structure, or other object within a duly designated Heritage Preservation Site or protected bv an Interim Protection Order allows any work to be performed on any area, place, building, structure or other object in violation of Section 6 herein, it shall constitute a separate violation of this chapter, and it shall be punishable as such. A Heritage Preservation Site on which there exists any remodeling, repairing, construction, or a building moved in violation of this chapter, is hereby declared a nuisance, and the imposition of the penalties herein prescribed shall not prevent the City of Hastings from instituting an appropriate action or proceeding to prevent an unlawful remodeling, repair, construction, building, building moving or demolition, or to restrain, correct or abate a violation. A. The City Council shall authorizes e the Hheritaae PJ:}reservation staff and the 8uildina Official or his desianee Code Enforcement Inspector to enforce this chapter. These officials may make inspections and take such action as may be required to enforce the provisions of this chapter. B. Riaht of Entry. Whenever the official has reasonable cause to believe that there may exist in any buildina or on any property any condition that is in violation of this chapter. the official may enter the area. place. buildina. structure or other obiect within a duly desianated site or protected by an Interim Protection Order at reasonable times to make inspections or to perform any duty required to administer the ordinance. The official shall first present proper credentials and request entry. If the property is unoccupied. the official shall mail notice to the owner of record by certified mail seven J:\HPC\Sec.2.18 amendment 4-15-05.docC:' '.vIN~IT1PreHl6s\JMaheAa't'IJ.{y DeeUIR6Ats\erElUJIIAeeamcMmentiuGy3.EleeDeeumetlt2