§ 25.12.850. Termination of proceedings.

A.

In any case where a site, improvement, or object is nominated for designation as a landmark site or landmark and thereafter the Board fails to approve such nomination or to adopt a report approving designation of such site, improvement or object, such proceeding shall terminate and no new proceeding under this chapter may be commenced with respect to such site, improvement or object within five (5) years from the date of such termination without the written agreement of the owner, except that when the site or improvement nominated is Seattle School District property and is in use as a public school facilities, no new proceeding may be commenced within ten (10) years from the date of such termination.

B.

In any case where a site, improvement or object has been designated by the Board, in the absence of a written agreement with the owner deferring consideration of the imposition of controls or Board approval of a negotiated agreement pursuant to Section 25.12.500, such proceeding shall terminate and no new proceeding under this chapter with respect to such site, improvement or object may be commenced within four (4) years from the date of such termination without the written agreement of the owner if:

1.

The Board fails to file with the Hearing Examiner its statement of proposed controls within the time prescribed in Section 25.12.530; or

2.

The Hearing Examiner does not issue a decision which recommends controls, together with a proposed form of designating ordinance, within one hundred (100) days after the filing of the Board's recommendations on controls and incentives, or within such further time as the Board and the owner may agree to by written stipulation; provided, that if the Hearing Examiner issues a decision which does not recommend controls such proceedings shall terminate if no appeal is filed with the City Council within the time limited for filing such appeal.

C.

In any case where a designating ordinance imposing specific controls is enacted, no further proceedings under this chapter to impose other or further controls on such landmark or landmark site may be commenced within four (4) years from the effective date of such designating ordinance without the written agreement of the owner.

D.

When delays in the proceedings pursuant to this chapter result from any of the following:

1.

The owner's request for a continuance or extension; or

2.

The owner's stipulation to a continuance or extension; or

3.

The requirements of any other ordinances or any statutes; or

4.

The institution of court proceedings challenging any proceedings under any section of this chapter; then, the time limits specified in this chapter shall be extended accordingly, and in the case of the institution of court proceedings such time periods will be stayed until the termination of such court action.

(Ord. 119439 § 3, 1999; Ord. 106348 § 14.02, 1977)