San Rafael Municipal Code Ch. 2.18 Historic Preservation

The city council of San Rafael finds that structures, sites and areas of special character or special historical, architectural or aesthetic interest or value have been and continue to be unnecessarily destroyed or impaired, despite the feasibility of preserving them. It is further found that the prevention of such needless destruction and impairment is essential to the health, safety, economy and general welfare of the public. The purpose of this chapter is to promote the health, safety, economy and general welfare of the public through:

(a) The protection, enhancement, perpetuation and use of structures, sites and areas that are reminders of past eras, events and persons important in local, state or national history, or which provide significant examples of architectural styles of the past or are landmarks in the history of architecture, or which are unique and irreplaceable assets to the city and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived;

(b) The development and maintenance of appropriate settings and environment for such structures, and in such sites and areas;

(c) The stabilization and enhancement of property values, the stabilization of neighborhoods and areas of the city, the increase of economic and financial benefits to the city and its inhabitants, and the promotion of visitor trade and interest in the city of San Rafael;

(d) The preservation and encouragement of a city of varied architectural styles, reflecting the distinct phases of its history: cultural, social, economic, political and architectural;

(e) The enrichment of human life in its educational and cultural dimensions in order to serve spiritual as well as material needs, by fostering knowledge of and civic pride in the living heritage of the past; and

(f) Tax reductions to owners of designated historic buildings and sites through appropriate state and federal laws.

(Ord. 1297 § 1 (part), 1978; Ord. 1191 § 1 (part), 1975).

The planning commission shall have and exercise the powers and shall perform the duties set forth in this section and elsewhere in this chapter with respect to historic preservation.

The commission:

(1) Shall recommend to the city council, after public hearing, on the designation of landmarks and historic districts, as more fully set forth in Section 2.18.043 of this chapter;

(2) Shall, in appropriate cases, after public hearing, review and decide on applications for construction, alteration, demolition and other applications pertaining to landmark sites and historic districts, as more fully set forth below in this chapter;

(3) May take steps to encourage or bring about preservation of structures or other features;

(4) May establish and maintain a list of structures and other features deemed deserving of official recognition although not designated as landmarks or historic districts, and take appropriate measures of recognition, as more fully set forth in Section 2.18.069 of this chapter;

(5) May carry out, assist and collaborate in studies and programs designed to identify and evaluate structures, sites and areas worthy of preservation;

(6) May consult with and consider the ideas and recommendations of civic groups, public agencies, and citizens interested in historic preservation;

(7) May inspect and investigate structures, sites and areas which they have reason to believe worthy of preservation;

(8) May disseminate information to the public concerning those structures, sites and areas deemed worthy of preservation, and may encourage and advise property owners in the protection, enhancement, perpetuation and use of landmarks, property in historic districts, and other officially recognized property of historic interest;

(9) May consider methods other than those provided for in this chapter for encouraging and achieving historic preservation, and make appropriate recommendations to the city council and to other bodies and agencies, both public and private;

(10) May establish such policies, rules and regulations, as it deems necessary to administer and enforce this chapter; and

(11) May request the assistance of experts in evaluating proposals for alteration, demolition or designation of historic structures, the cost of which shall be borne by applicants.

(Ord. 1838 § 2, 2005: Ord. 1191 § 1 (part), 1975).

(a) Pursuant to the procedures set forth in this chapter:

(1) The city council may, by resolution, designate an individual structure or other feature or an integrated group of structures and features on a single lot or site having a special character or special historic, architectural or aesthetic interest or value as a landmark, and shall designate a landmark site for each landmark; and

(2) The city council may, by ordinance, designate an area containing one or more structures having a special character or special historic, architectural or aesthetic interest or value and constituting a distinct section of the city as a historic district.

(b) Each such designating resolution shall include a description of the characteristics of the landmark or historic district which justifies its designation and a descrip tion of the particular features that should be preserved, and shall include the location and boundaries of the landmark site or historic district. Any such designation shall be in furtherance of and in conformance with the purposes of this chapter and the standards set forth in it.

(c) The property included in any such designation shall upon designation be subject to the controls and standards set forth in this chapter. In addition, the property shall be subject to the following further controls and standards if imposed by the designating resolution:

(1) For a publicly owned landmark, review of proposed changes in major interior architectural features;

(2) For a historic district, such further controls and standards as the city council deems necessary or desirable, including, but not limited to, facade, setback and height controls.

(d) The city council may amend or rescind a designation at any time, subject to all of the procedures set forth in this chapter for an original designation; provided, however, that in the event that a landmark is accidentally destroyed or is demolished or removed in conformity with the provisions of Section 2.18.067, or is legally demolished or relocated after compliance has been had with the provisions of Section 2.18.062, the commission may recommend to the city council that the designation be amended or rescinded, and in such case the procedures for an original designation set forth in Sections 2.18.041, 2.18.042 and 2.18.043 shall not apply.

(Ord. 1191 § 1 (part), 1975).

Initiation of designation shall be by the city council or by the commission, or by owners of the property or their authorized agents, or by any governmental body or organization with a recognized interest in historic preservation. Any such application shall be filed by or with the commission upon forms prescribed by it and shall be accompanied by all data required by the commission.

(Ord. 1297 § 1 (part), 1978: Ord. 1191 § 1 (part), 1975).

The proposed designation or application shall be promptly referred to the commission for review, hearing and report to the city council as to conformance with the purpose and standards of this chapter.

(Ord. 1838 § 3, 2005: Ord. 1191 § 1 (part), 1975).

The commission shall set a public hearing on the proposal to be held within forty-five (45) days after the referral to it by the city council or after application for designation is filed. A record of pertinent information presented at the hearing shall be made and maintained as a permanent record, as required by the California Government Code.

(a) Notice of Hearing. Notice of the time, place and purpose of such hearing shall be given by at least one publication in a newspaper of general circulation in the city not less than fifteen (15) days prior to the date of hearing. Notice shall also be mailed not less than ten (10) days prior to the date of hearing to the owners of all properties included in the proposed designation, to owners of immediately adjacent properties and to homeowners' associations within the neighborhood. In addition, notice shall be posted in at least three (3) locations within two hundred feet (200') of the affected property, using for this purpose the names and addresses of the last known owners, as shown on the records of the assessor.

(b) Time Limitation. The commission shall consider the conformance or lack of conformance of the proposed designation with the purposes and standards of this chapter, and shall approve, disapprove or modify the proposal at the conclusion of the public hearing, which may be continued from time to time. Failure to act within said time shall constitute recommendation for approval.

(c) Notice of Action Taken. The commission shall promptly provide the property owner with written notice of action taken. If the commission approves or modifies the proposed designation in whole or in part, it shall transmit the proposal, together with a copy of the resolution of approval, to the city clerk. Either the planning commission or the city council may extend its hearing past the forty-five (45) day requirement of this section.

(Ord. 1838 § 4, 2005: Ord. 1264 § 1, 1977; Ord. 1220 § 2, 1976; Ord. 1191 § 1 (part), 1975).

The city council shall hold a public hearing on any proposal so transmitted to it, after notice to the affected parties in the same manner set forth in Section 2.18.043(a), and such other notice as the council may deem necessary. The city council may approve, or modify and approve or deny the designation by a majority vote of all its members.

(Ord. 1911 § 1 (part), 1975).

If the commission disapproves the proposed designation, such action shall be final except upon the filing of a valid appeal to the city council within thirty (30) days by an appeal subscribed by the owners of the property proposed to be designated, or by any governmental body or agency, or by an organization with a recognized interest in historic preservation, or by any interested person; provided, however, that if the proposal was initiated by the city council, the city clerk will be notified immediately of the disapproval without the necessity for an appeal.

(a) Hearing. The city council shall hold a public hearing on any such proposal appealed to it or initiated by it, after due notice to the owners of the property included in the proposal, and such other notices as the council may deem necessary.

(b) Decision. The city council may overrule the commission and approve, or modify and approve or deny the designation by a majority vote of all its members.

(c) Resubmission. If a proposal initiated by application has been approved by the commission or by the city council on appeal, no subsequent application that is the same or substantially the same may be submitted or reconsidered for at least one year from the effective date of final action on the original proposal, unless waived by the city council.

(Ord. 1191 § 1 (part), 1975).

When a landmark or historic district has been designated by the city council as provided in this chapter, the city clerk shall promptly notify the owners of the property included herein. The city clerk shall cause a copy of the designating resolution, or notice thereof, to be recorded in the office of the county recorder.

(Ord. 1191 § 1 (part), 1975).

When a landmark or historic district designation has been amended or rescinded, the city clerk shall promptly notify the owners of the property included therein. The city clerk shall cause a copy of the appropriate resolution, or notice thereof, to be recorded in the office of the county recorder.

(Ord. 1191 § 1 (part), 1975).

The criteria that shall be applied by the cultural affairs commission and by the city council in designating buildings, places, and areas as historic landmarks or historic districts shall include the following:

(a) Historical, Cultural Importance.

(1) Has significant character, interest, or value as part of the development, heritage or cultural characteristics of the city, state or nation; or is associated with the life of a person significant in the past;

(2) Is the site of a historic event with a significant effect upon society; or

(3) Exemplifies the cultural, political, economic, social or historic heritage of the community.

(b) Architectural, Engineering Importance.

(1) Portrays the environment in the era of history characterized by a distinctive architectural style;

(2) Embodies those distinguishing characteristics of an architectural type or engineering specimen;

(3) Is the work of a designer whose individual work has significantly influenced the development of San Rafael or its environs;

(4) Contains elements of design, detail, materials or craftsmanship which represent a significant innovation; or

(5) The work of a designer and/or architect of merit.

(c) Geographic Importance.

(1) By being part of or related to a square, park or other distinctive area, should be developed or preserved according to a plan based on a historic, cultural or architectural motif; or

(2) Owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood, community or city.

(d) Archaeological Importance. Has yielded information important in prehistory or history.

(Ord. 1191 § 1 (part), 1975).

(a) No person shall carry out or cause to be carried out, nor shall any officer or employee of the city issue any permit therefor, on a designated landmark site or in a designated historic district, any material change in the exterior appearance thereof, removal or demolition of a structure except in conformity with the provisions of this chapter. In addition, no such work shall take place unless all other applicable laws and regulations have been complied with, and a permit has been issued for the work.

(b) Where so provided in the designating resolution for a historic district, any or all exterior changes visible from a public street or other public place shall require approval in accordance with the provisions of this chapter regardless of whether a city permit is required for such exterior changes. Such exterior changes may include, but shall not be limited to, painting and repainting, landscaping, fencing, and installation of lighting fixtures and other building appendages.

(c) The building division shall maintain a current record of designated landmarks and historic districts. Upon receipt of an application for a permit to carry out any construction, alteration, removal or demolition of a structure on a landmark site or in a historic district, the city engineer or his designee shall, unless the structure or feature concerned has been declared unsafe or dangerous pursuant to Section 2.18.067 of this chapter, promptly forward such permit application to the commission.

(d) After receiving a permit application from the building official in accordance with the preceding subsection, the commission shall ascertain whether Section 2.18.060 requires a certificate of appropriateness for the work proposed in such permit application. If such certificate is required and has been issued, and if the permit application conforms to such certificate, the permit application shall be processed without further reference to this chapter. If such certificate is required and has not been issued, or if in the sole judgment of the commission the permit application does not so conform, the permit application shall be disapproved or held by the commission until such time as conformity does exist; the decision and action of the commission shall be final. Provided, however, that in the following cases, the commission shall in any event process the permit application without further reference to this chapter:

(1) When the application is for a permit to construct on a landmark site where the landmark has been lawfully demolished and the site is not within a designated historic district;

(2) When the application is for a permit to make interior alterations only on a privately owned structure, or on a publicly owned structure unless the designating resolution requires review of such alterations pursuant to Section 2.18.040(c) hereof.

(e) If the initiation of designation as historical landmark has been commenced pursuant to Section 2.18.041, no permit to construct, alter, or demolish any structure or other feature of that site may be approved except in accordance with a certificate of appropriateness pursuant to Section 2.18.060; provided, however, that after ninety (90) days have elapsed from the date of initiation of said designation, the permit application may be approved if final action has not been completed; except that the time may be extended by action of the city council.

(Ord. 1297 § 1 (part), 1978; Ord. 1191 § 1 (part), 1975).

In the case of: (1) any removal, demolition or construction or alteration causing a material change in the exterior appearance of a structure on a landmark site or in a historic district, or (2) exterior changes in a historic district visible from a public street or other public place, where the designating resolution requires approval of such changes pursuant to the provisions of this chapter, a certificate of appropriateness shall be required and shall govern review of permit applications as provided in Section 2.18.030, except in the specific cases set forth in Section 2.18.050(d). The procedures, requirements, controls and standards in Sections 2.18.060 through 2.18.066 shall apply to all applications for certificates of appropriateness; provided, however, that the designating resolution for historic district may modify or add to these procedures, requirements, controls and standards.

(Ord. 1191 § 1 (part), 1975).

A verified application for a certificate of appropriateness may be filed by the owner, or authorized agent for the owner, of the property for which the certificate is sought, with the planning commission.

The content of applications shall be in accordance with the policies, rules and regulations of the commission, and shall be upon forms prescribed therefor, and shall contain or be accompanied by all information required to assure the presentation of pertinent facts for proper consideration of the case and for the permanent record. In general, the application shall be accompanied by plans and specifications showing the proposed exterior appearance, including, but not limited to, color, texture of materials, and architectural design and detail; drawings or photographs showing the property in the context of its surroundings may also be required. The applicant may be required to file with his applications the information needed for the preparation and mailing of notices, as specified in Section 2.18.063 of this chapter.

(Ord. 1838 § 5, 2005: Ord. 1191 § 1 (part), 1975).

(a) Cases Other Than Construction, Removal or Demolition.

(1) In the case of any alteration of a structure or exterior changes in a historic district visible from a public street or other public place, where a certificate of appropriateness is required, the application for the certificate shall be reviewed by the commission, which shall determine within twenty (20) days after the application is accepted for filing, whether or not the proposal would have a significant impact upon, or is potentially detrimental to, the landmark site or historic district; and the commission shall notify the applicant of the determination made. If it is determined that there would be no such significant impact or potential detriment, the commission shall issue a certificate of appropriateness to the applicant.

(2) If it is determined that the proposal may have a significant impact upon, or is potentially detrimental to, the landmark site or historic district, the commission shall hold a public hearing on the application.

(b) Construction, Removal or Demolition. The commission shall hold a public hearing, which may be continued from time to time, on the application for a certificate of appropriateness for any construction, removal or demolition of a structure, except as may be otherwise provided in the designating ordinance for a historic district.

(Ord. 1191 § 1 (part), 1975).

When an application for a certificate of appropriateness has been filed and Section 2.18.062 provides that the commission shall hold a public hearing thereon, the commission shall set a time and place for the hearing within a reasonable period not to exceed forty-five (45) days. Notice of the time, place and purpose of the hearing shall be given as follows:

(a) By mail not less than ten (10) days prior to the date of the hearing to the owners of all real properties that is the subject of the application and, if said property is in a historic district, to the owners of all real properties within the historic district, using for this purpose the names and addresses of the owners as shown on the latest equalized assessment roll. Failure to send notice by mail to any such property owner where the address of such owner is not shown on such assessment roll shall not invalidate any proceedings in connection with such action.

(b) By publication at least once in a newspaper of general circulation in the city not less than fifteen (15) days prior to the date of the hearing.

(c) In the event the application is for demolition, by posting notice of the hearing on the property for a period of at least ten days prior to the hearing.

(d) Such other notice as the commission deems appropriate.

(Ord. 1191 § 1 (part), 1975).

(a) Decision. The decision of the commission shall be rendered at the conclusion of the hearing which may be continued from time to time; failure of the commission to act within the prescribed time shall be deemed to constitute disapproval of the application. The decision in either approving or disapproving the application shall be final except upon the filing of a valid appeal to the city council as provided in Section 2.18.066. If the commission, or the city council on appeal, approves the application, the commission shall issue a certificate of appropriateness to the applicant.

(b) Reconsideration. Whenever an application has been disapproved by the commission, or by the city council on appeal as described in Section 2.18.066, no application, the same or substantially the same as that which was disapproved, shall be resubmitted to or reconsidered by the commission within a period of one year from the effective date of final action upon the earlier application, unless waived by the city council.

(Ord. 1191 § 1 (part), 1975).

(a) Preservation, Generally. A designated historic building or landmark, or any part thereof, or any appurtenance related thereto, shall only be moved, reconstructed, altered or maintained in a manner that will preserve the historical and architectural character of the building, structure or appurtenance thereto.

(b) Destruction, Generally. Whenever a property owner demonstrates that the building classified as historic is incapable of earning a reasonable economic return on its value, as appraised by a qualified real estate appraiser whose fee shall be paid by the property owner, and selection to be approved by city staff, and the commission fails to approve the issuance of a certificate of appropriateness, such building may be demolished.

(c) Relocation, Generally. A historic building shall not be relocated on another site unless it is shown that the preservation on its existing site is not consistent with the purposes of this section, or such building will not earn a reasonably economic return for the owner of such building on such site.

(d) Protective Maintenance. Historic buildings shall be maintained to preserve their architectural character and integrity.

(e) Construction, Alteration. The construction of new buildings or structures, in any historic district, and the moving, reconstruction, alteration, major maintenance or repair involving a color change materially affecting the external appearance of any existing historic building, structure or appurtenance thereof shall be generally of such design, form, proportion, mass, configuration, building material, texture, color and location on a parcel as will be compatible with other buildings in the historic district and particularly with buildings designated as historic and with squares and places to which they are visually related, and as will conform to the intent and purpose of this chapter.

(f) Visual Compatibility Factors. All new construction and existing buildings and structures and appurtenances thereof which are moved, reconstructed, materially altered, repaired or changed in color shall be visually compatible with buildings, squares and places to which they are visually related generally in terms of the following factors:

(1) Height. The height of proposed building shall be visually compatible with adjacent buildings.

(2) Proportion of Building's Front Facade. The relationship of the width of building to the height of the front elevation shall be visually compatible to buildings, squares and places to which it is visually related.

(3) Proportion of Openings Within The Facility. The relationship of the width of the windows in a building shall be visually compatible with buildings, squares and places to which the building is visually related.

(4) Rhythm of Solids to Voids in Front Facades. The relationship of solids to voids in the front facade of a building shall be visually compatible with buildings, squares and places to which it is visually related.

(5) Rhythm of Spacing of Buildings on Streets. The relationship of a building to the open space between it and adjoining buildings shall be visually compatible to the buildings, squares and places to which it is visually related.

(6) Rhythm of Entrance and/or Porch Projection. The relationship of entrances and porch projections to sidewalks of a building shall be visually compatible to the buildings, squares and places to which it is visually related.

(7) Relationship of Materials, Texture and Color. The relationship of the materials, texture and color of the facade of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.

(8) Roof Shapes. The roof shape of a building shall be visually compatible with the buildings to which it is visually related.

(9) Walls of Continuity. Appurtenances of a building such as walls, fences, landscape masses, building facades shall, if necessary, form cohesive walls of enclosure along a street, to insure visual compatibility of the building to the buildings, squares and places to which it is visually related.

(10) Scale of a Building. The size of a building, the building mass of a building in relation to open spaces, windows, door openings, porches and balconies shall be visually compatible with the buildings, squares and places to which it is visually related.

(11) Directional Expression of Front Elevation. A building shall be visually compatible with the buildings, squares and places to which it is visually related in its directional character whether this be vertical character, horizontal character or nondirectional character.

(g) Conformance to Codes. All preservation, maintenance, restoration and rehabilitation work performed on historic buildings shall be in conformance with applicable building and fire codes; provided, however, that the commission, or the city council, on appeal, may waive such provisions thereof as it deems necessary to avoid unnecessary hardship to the applicant; provided further, that no such provision shall be waived which waiver would result in a safety or health hazard to any occupant of the building or to any neighboring property.

(Ord. 1297 § 1 (part), 1978; Ord. 1191 § 1 (part), 1975).

(a) Right of Appeal. The action of the commission in approving or disapproving in whole or in part an application for a certificate of appropriateness may be appealed by any interested person to the city council in accordance with this section. An action of the commission so appealed from shall not become effective unless and until approved by the city council in accordance with this section.

(b) Notice of Appeal. Any appeal under this section shall be taken by filing written notice of appeal with the city council within thirty days after the date of action by the commission.

(c) Hearing. Upon the filing of such written notice of appeal so subscribed, the city council shall set a time and place for hearing such appeal, which shall be not less than ten nor more than forty-five days after such filing. The hearing may be continued from time to time.

(Ord. 1191 § 1 (part), 1975).

None of the provisions of this chapter shall be construed to prevent any measures of construction, alteration or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the building official and where the proposed measures have been declared necessary, by such official, to correct the said condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire, or other calamity, or by act of God, to such an extent that in the opinion of the building official it cannot reasonably be repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws.

(Ord. 1191 § 1 (part), 1975).

The owner, lessee or other person in actual charge of a landmark, or of a structure in a historic district, shall comply with all applicable codes, laws and regulations governing the maintenance of the property, except to the extent of the waivers provided for in Section 2.18.065(g). It is the intent of this section to preserve from deliberate or inadvertent neglect the exterior portions of such landmark or structure, the interior portions thereof when subject to control as specified in the designating ordinance, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion.

(Ord. 1191 § 1 (part), 1975).

(a) The commission may approve a list of structures of historic, architectural or aesthetic merit which have not been designated as landmarks and are not situated in designated historic districts. The said list may be added to from time to time. The purpose of this list shall be to recognize and encourage the protection, enhancement, perpetuation and the use of such structures. The commission shall maintain a record of historic structures in the city which have been officially designated by agencies of the state or federal government, and shall cause such structures to be added to the aforesaid list.

(b) Nothing in this chapter shall be construed to impose any regulations or controls upon such structures of merit included on the said list and neither designated as landmarks nor situated in historic districts.

(c) The commission may authorize such steps as it deems desirable to recognize the merit of, and to encourage the protection, enhancement, perpetuation and use of any such listed structure, or of any designated landmark or any structure in a designated historic district, including but not limited to the issuance of a certificate of recognition and the authorization of a plaque to be affixed to the exterior of the structure; and the commission shall cooperate with appropriate state and federal agencies in such efforts.

(d) The commission may make recommendations to the city council and to any other body or agency responsible, to encourage giving names pertaining to San Rafael history to streets, squares, walks, plazas and other public places.

(Ord. 1191 § 1 (part), 1975).

Before accepting for filing any application mentioned in this chapter, the commission or other designated office shall charge and collect the fees the city council may from time to time establish by resolution for this purpose.

(Ord. 1191 § 1 (part), 1975).

The city council shall have the authority to acquire fee title or such lesser ownership rights or easements, including scenic easements, as it deems necessary or expedient to carry out the purposes of this chapter and to assist to reduce the tax assessment on property whose owners desire to convey to the city such ownership rights or easements.

(Ord. 1191 § 1 (part), 1975).

(a) Duty to Administer and Enforce. It shall be the duty of the city manager, or his or her designee, to administer and enforce the provisions of this chapter. Upon request, the chief building official shall assist the city manager in the performance of this duty.

(b) Inspection of Premises. In the performance of their duties, the city manager, or his or her designee, shall have the right to enter any building or premises for the purpose of investigation and inspection; provided, that such right of entry shall be exercised only at reasonable hours, and that in no case shall entry be made to any building in the absence of the owner or tenant thereof without the written order of a court of competent jurisdiction.

(c) Nuisance. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter or any permit issued hereunder, and any use of land, building or premises established, conducted, operated or maintained contrary to the provisions of this chapter or any permit issued hereunder is unlawful and a public nuisance. The city attorney shall, upon order of the council, commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and the ordinances of this city, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using such building or structure, or using property contrary to the provisions of this chapter. The remedies provided for in this chapter shall be cumulative and nonexclusive. All costs relating to the enforcement of the provisions of this chapter shall be borne by and recoverable from the person or persons in violation thereof.

(d) Penalties. Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned for a period not exceeding six (6) months or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punished as such hereunder.

(Ord. 1838 § 6, 2005: Ord. 1191 § 1 (part), 1975).

If, prior to July 21, 1975, the enactment date of the ordinance codified in this chapter or its application in any given case, there has been issued a permit to construct, alter or demolish any structure or other feature on a landmark site or in a historic district, and the permittee has obtained a vested right thereunder, the provisions of this chapter shall not apply so as to abrogate that vested right. A permittee shall have such vested rights if, prior to July 21, 1975, the date of the enactment of the ordinance codified in this chapter or its application, he has in good faith, and in reliance upon such permit, diligently commenced construction, alteration or demolition and performed substantial work on the development and incurred substantial liabilities for work and materials necessary therefor. Expenses incurred in obtaining the issuance of a permit shall not be liabilities for work or material.

(Ord. 1191 § 1 (part), 1975).