Truckee Municipal Code Ch. 3.36 Historic Property Preservation (mills Act) Contracts

The purpose of this Chapter is to implement the California Mills Act, pursuant to California Government Code Section 50280 et seq., permitting the approval of historic property preservation contracts by establishing uniform procedures for the owners of qualified historic properties within the Town of Truckee to enter into contracts with the Town.

The Town Council finds and determines that entering into historic property preservation contracts will provide a financial incentive for owners of designated historic resources to maintain, preserve, renovate, restore, and rehabilitate their properties. The Council further finds that such preservation, restoration, and rehabilitation will assist in maintaining the Town's existing housing and support the goals and objectives of the Historic Resources Element of the Downtown Specific Plan.

For the purposes of this Chapter, the following terms and phrases shall have the meaning ascribed to them in this Section:

Historic Property Preservation Contract. A contract between an owner(s) of a qualified historical property and the Town of Truckee, meeting all requirements of California Government Code Section 50280 et seq. and this Chapter.

Maintain. The act or process of keeping the building or structure in good working condition by initiating preventive maintenance prior to noticeable deterioration or by repairing features as soon as deterioration becomes apparent, using procedures that retain the original character and finish of the features.

Preserve. The act or process of applying measures to sustain the existing form, integrity and material of a building or structure.

Qualified historical property. A privately owned property which is not exempt from property taxation and which includes an historic resource designated as Category A (Essential), Category B (Contributing), or Category C (Supporting) in the Truckee Historic Resources and Architectural Inventory, adopted by Council Resolution No. 2003-18 as amended.

Rehabilitate. The act or process of returning a property to a state that makes a contemporary use possible while still preserving those portions or features of the property which are significant to its historical, architectural and cultural values.

Renovate. The act or process of improving the building or structure by repair.

The mandatory provisions of a historic property preservation contract shall include, but not be limited to, the following:

(a) The property shall be a qualified historical property as defined in Section 3.36.020.

(b) The term of the contract shall be 10 years.

(c) The initial term of the contract shall be automatically renewed as prescribed in Section 50282(a) of the California Government Code.

(d) The owner shall preserve, maintain and, when necessary, renovate or rehabilitate the property to protect and preserve the historically significant and character-defining features and characteristics of the property and to ensure that the property retains its historic resource category rating. Any such work to the property shall conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, the State Historical Building Code, and the Town Municipal Code. The Town may require specific actions or work of the owner as a condition of approval of the contract.

(e) The owner agrees to permit, by prior appointment, periodic examination of the interior and exterior of the premises by the County Assessor, the California Department of Parks and Recreation - Office of Historic Preservation, the State Board of Equalization, and the Town, with proper notice and as may be necessary to verify the owner's compliance with the contract, and to provide any information requested to ensure compliance with the contract.

(f) The benefits and burdens of the contracts shall be binding upon, and inure to the benefit of, all successors in interest of the owner. Successors in interest shall have the same rights and obligations under the contract as the original owner who entered into the contract.

(g) The procedure for notice of non-renewal by the owner or the Town shall be as prescribed in Section 50282(a), (b), and (c) of the California Government Code.

(h) The procedure for cancellation by the Town shall be as prescribed in Sections 50284, 50285, and 50286 of the California Government Code.

(a) An owner of a qualified historical property may file an application for a historic property preservation contract with the Town. The application shall include a complete legal description of the property and any information required by the Community Development Director.

(b) There shall be no application fee for the filing and processing of an application. In addition, the Town shall pay all fees for recordation of the contract in the Nevada County Office of the Recorder.

(c) In order for a contract to be recorded in the Nevada County Office of the Recorder by December 31st and for the enforceable restrictions of the contract to become effective for the next tax year, a complete application shall be submitted to the Community Development Department by no later than September 1st.

(d) The Community Development Department shall review the application for completion and compliance with the provisions of this Chapter and Sections 50280 et seq. of the Government Code and forward a recommendation to the Council.

(e) If the application complies with the provisions of this Chapter and Sections 50280 et seq. of the Government Code, the Council may approve the application, with or without conditions, and authorize the preparation and execution of a historic property preservation contract. Any such action is at the discretion of the Council, and the Council is not obligated to approve an application even if such application complies with the provisions of this Chapter.

(f) If the application is approved, the application must be signed and executed by the owner and submitted to the Community Development Department by December 1st. A contract not signed and executed by December 1st of a given year shall be carried over for execution and recording in the following year.

(g) Upon receipt of a signed and executed contract on or before December 1st, the Town Clerk shall cause a copy of the executed contract to be recorded in the Nevada County Office of the Recorder on or before December 31st. The Town Clerk shall also provide written notice of the contract to the Office of Historic Preservation within six months of the Town entering into the contract.

(ORD 2004-05 08-19-2004)