Article V — Maintenance and Demolition

The owner, or other person in charge of a historic resource, has a duty to keep in good repair all of the exterior features of such resource and all interior features thereof which, if not maintained, may cause or tend to cause the exterior features of such resource to deteriorate, decay become damaged or fall into a state of disrepair.

A certificate of appropriateness shall not be issued for the demolition of a historic resource because of the failure of the owner to comply with the provisions of this section.

It shall be the duty of the director of building and safety to enforce this section with guidance from the commission.

All historic resources shall be preserved against such decay and be kept free from structural defects through the prompt repair of any of the following:

A.

Facades that may fall and injure a member of the public or property;

B.

Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports;

C.

Members of ceilings, roofs and roof supports or other horizontal members which age, split or buckle due to defective material or deterioration;

D.

Deteriorated or insufficient waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors;

E.

Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering; and

F.

Any fault or defect which renders it not properly watertight or structurally unsafe.

(Ord. 2785 Exh. A (part), 2001)

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material, or external appearance thereof.

(Ord. 2785 Exh. A (part), 2001)

A.

Any person who violates a requirement of this chapter or fails to obey an order issued by the commission or comply with a condition of approval of any certificate or permit issued under this chapter shall be guilty of a misdemeanor. Each day that such failure continues shall constitute a separate violation.

B.

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

C.

Alteration or demolition of a historic resource in violation of this chapter shall authorize the city to issue a temporary moratorium for the development of the subject property for a period not to exceed twenty-four months from the date the city becomes aware of the alteration or demolition in violation of this chapter. 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 historic resource, and to ensure measures are incorporated into any future development plans and approvals for the subject property. Mitigation measures as determined by the planning department and/or commission 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 assessed value of the historic resource 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 historic resource. Once the civil penalty has been paid, building and construction permits and/or a certificate of occupancy may be issued.

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 structure demolished, partially demolished, altered

or partially altered in violation of this chapter.

(Ord. 2785 Exh. A (part), 2001)

Demolition, wholly or partially, of a historic resource without issuance of a certificate of appropriateness is prohibited unless it is determined that an unsafe or dangerous condition exists, in which case, the secretary shall, upon an assessment and recommendation of the director of building and safety, certify to the commission that such a condition exists and cannot be rectified through the use of the California State Historic Building Code.

In such a case, a certificate of appropriateness shall not be required.

(Ord. 2785 Exh. A (part), 2001)

For non-listed, eligible or designated structures at least fifty years old, the following procedure shall be completed prior to issuance of a demolition permit.

A.

The applicant shall submit a request for review to the secretary.

B.

The secretary shall determine the potential significance of the structures and make one of the following determinations:

The structure does not qualify for designation eligibility in accordance with the provisions of this chapter; or

The structure does qualify for designation eligibility and the request is forwarded to the commission for majority consent, a determination of eligibility, or nomination, in accordance with the provisions of this chapter.

(Ord. 2785 Exh. A (part), 2001)

A.

A certificate of appropriateness shall not be issued for the demolition, in whole or in part, of a historic resource unless a plan for a replacement improvement has been approved through the appropriate development review process.

B.

No permit shall be issued for the demolition, in whole or in part, of a historic resource unless a permit has been issued for a replacement improvement, unless demolition is required in conformance with Section 18.84.400.

(Ord. 2785 Exh. A (part), 2001)

A.

New improvements constructed within a historic district shall be designed to be compatible with the architectural style, features and historic character of the district.

B.

New structures shall be compatible with the original style of the contributing resources within a historic district. The design of the new structure shall incorporate the following considerations:

The design shall incorporate the design features and details of contributing resources.

The height, width, and length of the new structure shall be consistent with the original characteristic of the contributing resources.

The average massing, setbacks and arrangement of the contributing resources shall be respected.

The exterior materials, treatment and application shall be similar to the contributing resources.

(Ord. 2785 Exh. A (part), 2001)