§ 2-144. Public safety exclusion.

None of the provisions of this article shall be construed to prevent any action of construction, alteration, or demolition necessary to correct or abate the unsafe or dangerous condition of any resource, or part thereof, where such condition has been declared unsafe or dangerous by the City of Tupelo 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 only such work as is necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. In the event any resource designated as a landmark or located within a historic district, 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 normal permit procedures and applicable laws, provided that:

(1)

The City of Tupelo building official concurs with the property owner that the resource cannot be repaired and restored and so notifies the commission in writing.

(2)

The preservation commission, if in doubt after receiving such notification from the City of Tupelo building official, shall be allowed time to seek outside professional expertise from the state historic preservation office and/or an independent structural engineer before issuing a certificate of appropriateness for the demolition. The commission may indicate in writing by letter to the City of Tupelo building official that it will require a time period of up to thirty (30) days for this purpose, and, upon such notification to the City of Tupelo building official, this section shall be suspended until the expiration of such a delay period.

(Ord. of 4-19-05(1), § XIV)