Atherton Municipal Code Art. III Enforcement and Fees

In the event of accidental damage to a historical artifact, no fines or penalties shall be imposed. Repairs shall be subject to review as described in Article II of this chapter. In the event the damage to the artifact creates an unsafe situation, the property owner may mitigate the hazard and bring the artifact to a safe situation without the issuance of a permit. Such work must be reported to the town within seventy-two hours. In the event the artifact is damaged by an act of nature, the property owner shall not be required to fully restore the artifact beyond bringing the artifact to a safe condition. Failure to adequately protect the artifact from accidental damage does not relieve the property owner from the duty to restore the artifact. (Ord. 567 § 1, 2007)

A. Any person causing the alteration of a historical artifact in a manner which exceeds “preventive maintenance” as defined in Section 8.14.020(O) without an alteration permit shall submit a penalty in the amount of five

thousand dollars to be deposited into a fund reserved for projects that preserve, restore or enhance historical artifacts on the official inventory of historical artifacts as a civil penalty in addition to the penalties as outlined in Chapter 1.20.

B. Any person causing a historical artifact to be removed or demolished without a demolition permit shall submit a penalty in the amount of ten thousand dollars to be deposited into a fund reserved for projects that preserve, restore or enhance historical artifacts on the official inventory of historical artifacts as a civil penalty in addition to the penalties as outlined in Chapter 1.20.

C. In the event the historical artifact can be restored to its appearance at the time of its designation or at the time of the most recent alteration permit or demolition permit, no civil penalty shall be imposed. Otherwise, as part of a civil action brought by the town, a court may assess against any person who commits, allows, or maintains a violation of any provision of this chapter, the civil penalties as described in subsections A and B of this section.

D. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of violation of any provision of this chapter. In a civil action brought pursuant to this chapter in which the town prevails, the court may award to the town all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action and reasonable attorneys’ fees.

E. Upon any guilty plea of judgment or conviction, in any criminal proceeding brought for the violation of this chapter, where the defendant is entitled by law to probation, then the court may require the payment to the town of the costs and expenses as described above as one of the conditions of such probation. (Ord. 567 § 1, 2007)

The following fees shall not apply to action taken by a property owner on his/her property:

(Ord. 567 § 1, 2007)