Santa Clara County Municipal Code Art. VI General Provisions

The owner, person or persons having legal custody and control of a designated landmark or historic resource listed in the heritage resource inventory shall be encouraged to implement preventative maintenance in order to prevent deterioration and decay of such designated landmark or historic resource.

(Ord. No. NS-1100.96, 10-17-06)

Any person who violates any provision of this chapter without being subject to the following penalties:

A. Any person or entity which violates the provisions of this chapter may be liable civilly for an amount in the court's discretion.

B. Any action or development undertaken without the issuance of a landmark alteration permit or in violation of the terms and conditions of a landmark Alteration permit may be subject to a stop work notice issued by the building official. Failure to stop work after issuance of a stop work notice shall constitute a misdemeanor.

C. A court may order injunctive relief to restrain, enjoin or cause correction or removal of any violation of this chapter.

D. Remedies under this article are cumulative and do not supersede or limit any and all other remedies, civil or criminal. Judgment or settlement shall include expenses including administrative and attorney's fees in the full amount needed to reimburse the County for any enforcement costs related to the violations.

E. No further development of a landmark which is the subject of demolition in violation of this chapter may be permitted in excess of the floor area of the landmark itself existing at the time of violation, or the dwelling unit density, for a period of three years from the unlawful demolition.

F. Civil fines in excess of attorney's fees and administrative costs which are collected for violations of this chapter shall be placed in a county trust fund to be utilized for designated Landmark and historic resource protection and historic preservation education.

(Ord. No. NS-1100.96, 10-17-06)

None of the provisions of this chapter shall prevent the construction, reconstruction, alteration, restoration, stabilization or demolition of a designated landmark, or any exterior feature thereof, which the Building Official or designee has declared necessary to correct an unsafe or dangerous condition where there is a threat to public health and safety. Only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed pursuant to this subsection.

(Ord. No. NS-1100.96, 10-17-06)

The Board of Supervisors, by resolution, may adopt fees for the costs of processing applications and appeals pursuant to this chapter.

(Ord. No. NS-1100.96, 10-17-06)

Should any section or other portion of this chapter be determined to be unlawful or unenforceable by a court of competent jurisdiction, the remaining section(s) and portion(s) of this chapter shall be considered severable and shall remain in full force and effect.

(Ord. No. NS-1100.96, 10-17-06)

There are many other laws, regulations and ordinance that apply to land use, development, and construction activities. The provisions of this Historic Preservation Ordinance are intended to be in addition to and not in conflict with these other laws, regulations and ordinances. If any provision of this Historic Preservation Ordinance conflicts with any duly adopted and valid statutes of the federal or state government of the State of California, the federal and state statutes shall take precedence.

(Ord. No. NS-1100.96, 10-17-06)