Chula Vista Municipal Code Ch. 21.09 Maintenance and Repair of Historical Resources

MAINTENANCE AND REPAIR OF HISTORICAL RESOURCES

Sections:

21.09.010 Minimum maintenance and repair. 21.09.020 Required maintenance for historical resources.

• 21.09.030 Hazardous or unsafe conditions.

In order to prevent any physical deterioration, loss of historic integrity and other negative impacts to historical resources, the General Plan (Policy LUT 12.10) promotes the maintenance, repair, stabilization, rehabilitation, restoration, and preservation of historical resources in a manner consistent with federal and state standards. (Ord. 3196 § 3, 2011).

A. All property owners of historical resources shall have the responsibility to preserve and maintain the historical resource, and to avoid neglect by preventing decay and deterioration. Where necessary and feasible to protect the historical resource, the property owner shall be required to restore and rehabilitate the resource, in accordance with the rules and regulations published by the Secretary of the Interior and as amended from time to time. (Also see the City’s HPP Section 5.0, Design Guidelines – Secretary of the Interior Standards for Treatment of Historical Properties.)

B. Owner shall maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the historical resource or the immediate neighborhood. The following are prohibited, which may include but not be limited to:

1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows;

2. Scrap lumber, junk, trash or debris;

3. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items;

4. Stagnant water or excavations, including pools or spas;

5. Any device, decoration, design, structure or vegetation which diminishes the historic character due to its height, unsightly condition, or its inappropriate location.

6. In the case that a property owner fails to maintain a historical resource, or historically significant elements thereof, the City shall have the authority to enforce conditions to ensure that maintenance is completed to prevent any further deterioration pursuant to CVMC 21.11.010. The property owner shall be responsible for all costs associated with enforcement of the provisions herein. (Ord. 3196 § 3, 2011).

Regulations established in this chapter shall not prevent alterations, demolition, or removal of a historical resource or historical landscape if the current conditions of said historical resource or historical landscape result in a threat to public safety or public infrastructure or if a distinct hazard, as defined in the California Fire Code, is found to exist. Threats to public safety are to be certified by the City’s Building Official pursuant to CVMC 15.18.010 and shall be provided in the form of a written notification to the HPC. The Director of Public Works has such authority over historical landscapes pursuant to CVMC 12.32.160 and the Fire Marshal has authority to certify if a distinct fire hazard exists. In those cases where the hazardous or unsafe condition does not pose an immediate threat to public safety, the HPC shall provide additional input on any proposed alterations or relocation of the subject historical resource. (Also see the City’s HPP Section 4.0, Historic Preservation Projects – Fire Protection of Historical Resources.) (Ord. 3196 § 3, 2011).