Palm Desert Municipal Code Ch. 29.80 Enforcement and Penalties

A. Any person who violates a requirement of this title or fails to obey an order issued by the administrator or committee or comply with a condition of approval of any certificate or permit issued under this title shall be guilty of a misdemeanor.

B. Any alteration or demolition of a cultural resource in violation of this title is expressly declared to be a nuisance and shall be abated by restoring or reconstructing the resource to its original condition prior to the violation. Any person or entity who demolishes or substantially alters or causes substantial alteration or demolition of a cultural resource, in violation of the provisions of this article, shall be liable for a civil penalty.

C. Alteration or demolition of a cultural resource in violation of this article shall authorize the city to issue a temporary moratorium for the development of the subject property for a period not to exceed sixty months (five years) from the date the city becomes aware of the alteration or demolition in violation of this title. The purpose of the moratorium is to provide the city an opportunity to study and determine appropriate mitigation measures for the alteration or removal of the cultural resource, and to ensure measure are incorporated into any future development plans and approvals for the subject property. Mitigation measures as determined by the administrator or committee shall be imposed as a condition of any subsequent permit for development of the subject property.

D. In the case of demolition, the civil penalty shall be equal to one-half the fair market value of the property prior to the demolition. In the case of alteration, the civil penalty shall be equal to one-half the cost of restoration of the altered portion of the cultural resource based on an estimate obtained by the city at the cost of the offender. Once the civil penalty has been paid, building and construction permits and/or a certificate of occupancy may be issued. This penalty is in addition to and not in lieu of the moratorium set forth in Subsection C of this section.

E. The city attorney may maintain an action for injunctive relief to restrain a violation or cause, where possible, the complete or partial restoration, reconstruction or replacement of any cultural resource demolished, partially demolished, altered or partially altered in violation of this article. The city attorney may also pursue any other action or remedy authorized under the Palm Desert Municipal Code, state statutes and/or in equity for violation of this title. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty or other remedy provided by law.

(Ord. 1168, 2008)