Fillmore Municipal Code Ch. 2.29 Cultural Heritage Board

There is established in the city a cultural heritage board, consisting of five members, who shall be the members of the city parks and recreation commission, serving ex officio as members of the cultural heritage board. Notwithstanding the foregoing, the council may designate by resolution or minute action the board of directors of the Fillmore Historical Museum, from time to time sitting, to be the city's cultural heritage board, with all of the authority provided to such board by the provisions of this chapter.

(Ord. 576 § 1, 1985: Ord. 475 § 1 (part), 1975)

The powers of the city cultural heritage board shall be as follows:

(a) Preservation of Landmarks and Monuments. The board shall take the steps necessary to preserve such landmarks and monuments not in conflict with the public health, safety and general welfare. Such steps may include the creation of civic landmarks and monuments and the recommendation that such landmarks and monuments be acquired by a governmental agency where private acquisition is not feasible. All such actions shall be first submitted to and approved by the council, except as otherwise provided in this chapter.

(b) Public Hearings. The board shall hold public hearings for the purpose of identifying historical landmarks and monuments and such hearings shall be held fifteen days or more after the property owner has been notified by registered mail.

(c) If, after hearing, the cultural heritage board concludes that an historical monument or landmark does exist, it shall make its recommendation to the city council. No more than ninety days shall elapse from the recommendation of the cultural heritage board to the city council for a declaration that the historical monument or landmark exists until the council's action, on that recommendation. During the said period, the property owner shall be prohibited from defacing, demolishing, adding to, altering or removing the landmark or monument. The property owner shall file any objections to the declaration of the landmark or monument with the city council no later than fifteen days following mailing of notice to the property owner by registered mail of the cultural heritage board's recommendation to the council. The council shall set a public hearing and if it determines after such hearing that the historical significance of the historical landmark or monument justifies the expenditure of public funds, it may initiate acquisition proceedings. If the council after hearing finds the landmark or monument to be of historical significance, but that public funds are not available, private funds may be used for acquisition or other arrangements made satisfactory to the property owner and to the convenience of the city.

(d) Registration with the State. The board shall register with the appropriate state agency a landmark or site which has historical significance and where the registration would assist in preservation. The board may find that a landmark or site has local historical significance but does not warrant state registration. The decision to register or not register with the state shall be exercised exclusively by the board.

(Ord. 497 §§ 1, 2, 3, 1978: Ord. 475 § 1 (part), 1975)

Board members may be removed from office, upon the recommendation of any member of the city council, and with the concurrence of a majority of the city council, for breach of duty, for conduct unbecoming a public official of the city, for violation of the city's code of ethics, or for any cause deemed warranted by a majority of the city council.

(Ord. No. 13-837, § 2, 5-14-2013)