Chapter 2.40 — HISTORIC STRUCTURES

Editor's note— Ord. 360 §§2, 3, adopted Oct. 5, 2015, repealed the former Ch. 2.40, §§2.40.010— 2.40.070, and enacted a new Ch. 2.40 as set out herein. The former Ch. 2.40 pertained to similar subject matter and derived from Ord. 155 §§1—9, adopted 1986; Ord. 196 §§1, 2, adopted 1978; Ord. 315 §1, adopted 2006; and Ord. 316 § 1, adopted 2006.

State Law reference— For the statutory provisions authorizing municipalities to provide for and regulate places having special historical interest or value, see Gov. Code §37361.

The purpose of this chapter is to ensure that properties constructed with structures featuring the mother lode style of architecture within the city are not demolished or removed without adequate prior review, and issuance of a permit, by the city.

(Ord. 360 §3, 2015)

This chapter applies to all historic structures as defined below, wherever located within the city.

(Ord. 360 §3, 2015)

No presently existing building of special historic or esthetic value or of the mother lode type style of architecture within the city shall be torn down, demolished or otherwise destroyed without a permit first having been obtained from the city.

(Ord. 360 §3, 2015)

For the purpose of this chapter, the mother lode style of architecture incorporates and embodies the recognized architectural styles, forms and elements employed within Sutter Creek prior to about 1940.

(Ord. 360 §3, 2015)

In the event that any building exhibiting the mother lode style of architecture or any other building of esthetic or historic value or interest is damaged by fire, act of God, or in any other manner or becomes unsafe or in such state of disrepair or dilapidation as to be untenable by reason of any cause that it cannot

with reasonable diligence be repair and restored, the same may be removed upon issuance of a permit for removal as hereinafter provided.

(Ord. 360 §3, 2015)

No permit for demolition or removal of any building of mother lode style of architecture of special historic or esthetic interest shall be issued without the approval of the city in accordance with the standards set forth in and promulgated pursuant to chapter 18.45.

(Ord. 360 §3, 2015)

Any person or entity which alters, demolishes, or removes an historic structure within the city without first obtaining the permit required by this chapter shall be subject to a civil penalty equal to three times the fair market value of the structure. The civil penalty may be assessed following a hearing conducted by the city manager or his/her designee which provides the property owner notice and opportunity to be heard. Any such civil penalty shall be enforceable by lien against the real property or in any other manner authorized by law for civil judgment in the State of California.

In addition, and notwithstanding the above, violations of this chapter shall be a misdemeanor punishable by a fine of up to one thousand dollars and imprisonment of up to six months. Further, the city attorney is authorized to pursue any and all legal remedies available, including but not limited to injunctive and declaratory relief.

(Ord. 360 §3, 2015)