Loma Linda City Zoning Code
CHAPTER 17
80 HISTORIC PRESERVATION
§ 17.80.010 Title.
This chapter shall be known as the Historic Preservation Ordinance of the city.
(Ord. 482 § 1, 1992)
§ 17.80.020 Purpose.
Whereas, the city council has determined:
A.
That the character and history of the city are reflected in its cultural, historical, and architectural heritage;
B.
That these historical and cultural foundations should be preserved as living parts of community life and development to build an understanding of the city's past so that future generations may have a genuine opportunity to appreciate, enjoy, and understand the rich heritage of the city;
C.
That in the face of ever increasing pressures of modernization and urbanization, city landmarks, neighborhoods, and other areas of historical and cultural interest are threatened with demolition;
D.
That pursuant to the provisions of the National Historic Preservation Act of 1965, as amended, the city joins with private concerns, the state of California, and the United States Congress to develop preservation programs and activities to give maximum encouragement to agencies and individuals undertaking preservation of the city's unique architectural, historical, aesthetic, and cultural heritage;
E.
Therefore, the purpose of this chapter is to promote the public health, safety, and general welfare and:
1.
To safeguard the city's unique cultural heritage as embodied and reflected in the city's architectural history and patterns of cultural development,
2.
To encourage and facilitate public knowledge, understanding, and appreciation of the city's historic past and unique sense of place,
3.
To foster civic and neighborhood pride and a sense of cultural resources appropriate for the education and recreation of the people of the city,
4.
To preserve diverse architectural styles, patterns of development, and design preferences reflecting phases of the city's history and to encourage complementary contemporary design and construction and inspire a more livable urban environment,
5.
To enhance property values and to increase economic and financial benefits to the city and its inhabitants through the exploration of creative financial incentives for preservation,
6.
To protect and enhance the city's attraction to tourists and visitors thereby stimulating business and industry,
7.
To identify as early as possible and resolve conflicts between the preservation of cultural resources and alternative land uses,
8.
To integrate the preservation of cultural resources into public and private land use management and development processes,
9.
To conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment,
10.
To stabilize neighborhoods through the preservation of cultural resources and establishment of historic districts and conservation zones,
11.
To promote public awareness of the benefits of preservation,
12.
To increase the economic benefits of preservation of cultural resources to the city and its inhabitants,
13.
To encourage public participation in identifying and preserving historical and architectural resources thereby increasing community pride in the city's cultural heritage.
(Ord. 482 § 1, 1992)
§ 17.80.030 Area of application.
This chapter shall apply to all cultural resources within the city.
(Ord. 482 § 1, 1992)
§ 17.80.040 Definitions.
means any change or modification, through public or private action, to the character-defining or significant physical feature of properties affected by this chapter. Such changes may be changes to or modification of structure, architectural details, or visual characteristics, grading, surface paving, the addition of new structures, cutting or removal of trees, landscaping and other natural features, disturbance of archeological sites or areas, and the placement or removal of any significant objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings, and landscape accessories affecting the significant visual and/or historical qualities of the property.
is a certificate issued by the historic preservation commission approving such plans, specifications, statements of work, and any other information which are reasonably required by the commission to make a decision, on any proposed alteration, restoration, rehabilitation, construction, removal, relocation, or demolition, in whole or in part, of or to designated resource, resource site, or to a building or structure within an historic district.
is a certificate authorizing work described in the accompanying certificate of appropriateness granted by the commission because of extreme financial privation or adversity and in accordance with the procedures and findings of this chapter.
means an area of the city, whether commercial or residential, a majority of whose building are fifty years old or older, which the city wishes to maintain and revitalize so as to emphasize their importance to the past, present, and future of the city.
means improvements, buildings, structures, signs, features, sites, scenic areas, views and vistas, places, areas, landscapes, trees, or other objects of scientific, aesthetic, educational, cultural, architectural, or historical significance to the citizens of the city and the state of California, the Southern California region, or the nation which may be eligible for designation or designated and determined to be appropriate for historic preservation by the historic commission, and the city council, pursuant to the provisions of this chapter.
means any act or process that destroys in part or in whole an individual cultural resource or a cultural resource or other structure within the historic district.
means the principles contained in a document which illustrate appropriate and inappropriate methods of rehabilitation and construction. The purpose of using design guidelines is to aid design and decisionmaking with regard to retaining the integrity of scale, design intent, materials, feeling, patterns of development, and historical character resource or historic district.
means any improvement or natural feature that has special historical, cultural, aesthetic, or architectural character, interest, or value as part of the development, heritage, or history of the city, the state of California, or the nation and that has been nominated and designated pursuant to this chapter or nominated to the National Register of Historic Places. The designation shall specify the significant exterior and interior architectural elements and natural features which are expressly found by the commission to meet one or more of the criteria in Section 17.80.070.
means a parcel or part thereof which a cultural resource is or has been situated, and any abutting parcel or part thereof constituting part of the premises on which the cultural resource is situated, and which has been designated a cultural resource pursuant to this chapter.
means any area containing a concentration of improvements which have a special character, historical interest, or aesthetic value, which posses integrity of location, design, setting, materials, workmanship, feeling, and association, or which represent one or more architectural periods or styles typical to the history of the city, and that has been designated an historic district pursuant to this chapter or nominated to the National Register of Historic Places.
means any building, structure, place, fence, gate, landscaping, tree, wall, parking facility, work of art, or other object constituting a physical feature of real property, or any part of such feature.
means any tree, plant life, geographical or geological site or feature subject to the provisions of this chapter.
means a material thing of functional, aesthetic, cultural, symbolic, or scientific value.
means any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to a structure or any part thereof and to restore the same, to its condition prior to the occurrence of such deterioration or damage.
means an improvement or natural feature which may be nominated for consideration by the commission and may be designated under the condition that either: (1) more research becomes available regarding its eligibility; (2) the resource is restored to its original condition; or (3) the resource is one of the few remaining examples in the city of its type.
means the identification, study, protection, restoration, rehabilitation, or acquisition of cultural resources.
means the guidelines prepared by the National Park Service for Rehabilitating Historic Buildings and the Standards for Historic Preservation Projects prepared by the National Park Service with Guidelines for Applying the Standards.
means the natural or man made elements embodying style or type of cultural resource, design, or general arrangement and components of an improvement, including but not limited to, the kind, color, and texture of the building materials, and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement.
(Ord. 482 § 1, 1992)
§ 17.80.050 Historic preservation commission.
A.
There is established in the city a historic commission, hereinafter referred to as the "commission," consisting of unpaid members appointed by the city council. The number of members shall be as determined by the city council by resolution. The members shall serve at the pleasure of the city council, for such terms as shall be established by city council resolution.
B.
As many as possible of commissioners shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, or other historic preservation-related disciplines, such as urban planning, American studies, American civilization, cultural geography, or cultural anthropology, to the extent that such professionals are available in the community. The remainder commissioners shall be lay members who have demonstrated interest, competence, experience, or knowledge in historic preservation, American studies, cultural anthropology, cultural geography, or other historic preservation-related discipline.
C.
A quorum of the commission shall be defined as a majority of the appointed members for purposes of administering this chapter.
D.
The commission shall develop and adopt its own operating rules and bylaws, thereafter having the power and authority to perform all of the duties hereinafter enumerated and provided.
E.
Any vacancy in the office of any member of the commission shall be filled in like manner for the unexpired term of such office. As the term of any member of the commission expires, his or her successor shall be appointed in like manner as such member.
(Ord. 482 § 1, 1992; Ord. 765 §§ 1, 2, 2021; Ord. 767 § 1, 2021)
§ 17.80.060 Powers and duties.
The commission may engage in the following activities with respect to this chapter:
A.
Adopt procedural rules for the conduct of its business in accordance with the provisions of this chapter. In the absence of specific procedural rules the commission will use Roberts Rules of order;
B.
Establishment criteria and conduct or cause to be conducted surveys (using as a guideline state survey standards) and guidelines of cultural heritage resources within the boundaries of the city, and publicize and periodically update the survey results;
C.
Recommend in accordance with the criteria set forth in Section 7 the designation of cultural heritage resources including individual properties, districts, landmark sites, conservation zones, and historic districts;
D.
Maintain a local register of cultural heritage resources using as a guideline the National Register of Historic Places criteria including historic districts, landmark sites, and landmarks within the city including all information required for each designation;
E.
Review and comment upon the conduct of land use, housing and redevelopment, municipal improvement, and other types of planning and programs undertaken by any agency of the city, the county, or state, as they relate to the survey results and cultural heritage resources of the community;
F.
Adopt standards and/or guidelines to be used by the commission in reviewing applications for permits to construct, change, alter, modify, remodel, remove, or significantly affect any cultural resource;
G.
Make recommendations to the city council regarding the purchase by the city of fee or less-than-fee interests in property, transfer of development rights, easements, or other mechanisms for purposes of cultural heritage resources prevention;
H.
Investigate and make recommendations to the city council on the use of various federal, state, local, or private funding sources and mechanisms available to promote cultural resource preservation in the city;
I.
Approve or disapprove, in whole or on part, or approve with conditions, applications for permits pursuant to Section 17.80.090;
J.
Review all applications for permits, environmental assessments, environmental impact reports, environmental impact statements, and other similar documents as set forth in this chapter, pertaining to designated and potential cultural resources. The community development department shall forward all such documents to the commission for review and comment prior to review and approval by the city council and if applicable the planning commission as appropriate;
K.
Consider whether denial of certificates of appropriateness (permits) affecting cultural resources results in economic hardship to the property owner according to the procedures outlined in Section 17.80.100;
L.
Cooperate with local, county, state, and federal governments in the pursuit of the objectives of cultural resource preservation;
M.
Keep minutes and records of all meetings and proceedings including voting records, attendance, resolulutions, findings, determination, and decisions. All such material shall be public record;
N.
Provide opportunity for direct public participation in all responsibilities delegated to the certified local government including the survey and National Register nomination process. Commission meetings shall be open to the public with published agenda and minutes in accordance with the California Open Meeting Act. The published agenda shall be mailed in advance of meetings to individuals and citizens organizations interested in the commission's activities;
O.
Encourage and render advice and guidance to property owners or occupants on procedures for inclusion of a cultural resource on the National Register of Historic Places;
P.
Participate in, promote, and conduct public information, educational, and interpretive programs pertaining to cultural resources preservation;
Q.
Confer recognition upon the owners of landmarks or property or structures within historic districts by means of certificates, plaques, or markers, and from time to time issue commendations to owners of cultural resources who have rehabilitated their property in an exemplary manner;
R.
Undertake any other action or activity necessary or appropriate to the implementation of its powers or duties to fulfill the objectives of cultural resource preservation.
(Ord. 482 § 1, 1992)
§ 17.80.070 Cultural resource designation criteria.
For the purpose of this chapter, an improvement, natural feature, or site may be designated a cultural resource by the historic commission and any area within the city may be designated a historic district by the commission pursuant to subsection B of this section if it meets the criteria for listing on the National Register of Historic Places or any one of the following:
A.
It exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, engineering, architectural, or natural history;
B.
It is identified with persons or events significant in local, state, or national history;
C.
It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship;
D.
It is representative of the work of a notable builder, designer, or architect;
E.
It contributes to the significance of an historic area, being a geographically definable area possessing a concentration of historic or scenic properties or thematically related grouping of properties which contribute to each other and are unified aesthetically by plan or physical development;
F.
It has a unique location or singular physical characteristics or is a view or vista representing an established and familiar visual feature of a neighborhood, community, or the city;
G.
It embodies elements of architectural design, detail, materials, or craftsmanship that represent a significant structural or architectural achievement or innovation;
H.
It is similar to other distinctive properties, sites, areas, or objects based on a historic, cultural, or architectural motif;
I.
It reflects significant geographical patterns, including those associated with different areas of settlement and growth, particular transportation modes, or distinctive examples of park or community planning;
J.
It is one of the few remaining examples in the city, region, state, or nation possessing distinguishing characteristics of an architectural or historical type or specimen.
(Ord. 482 § 1, 1992)
§ 17.80.080 Cultural resource designation procedures.
Cultural resources and historic districts shall be established by the city council in the following manner:
A.
Any person or group may request the designation of an improvement as a cultural heritage resource or the designation of a historical district by submitting an application for such designation to the commission. The nomination application shall contain supplemental information indicating how the nominated resource meets the criteria for designation as indicating how the nominated resource meets the criteria for designation as indicated in this chapter. The commission or city council may also initiate such proceedings on their own motion. Notification of the nomination shall be sent to the property owner(s) and occupant(s) of the property within thirty days of the receipt or initiation of a nomination.
B.
The commission shall make a preliminary determination on nominations based on the documentation required as to whether the nomination application is appropriate for consideration. If the commission determines that the application merits consideration, but only if it so determines, it shall schedule a public hearing as soon as practically possible.
C.
The commission's decision to schedule or not to schedule a public hearing shall be in writing and shall be filed with the director of the community development department (city planning) and the city clerk. Notice of a decision not to schedule a public hearing shall be given by mail to the applicant by the community development department.
D.
No building, alteration, demolition, or removal permits for any improvement, building, or structure within the proposed historic district or relative to a nominated cultural resource shall be issued while the public hearing or any appeal related thereto is pending.
E.
In the case of a proposed cultural resource, cultural resource site, or historic district, the matter may be set for a public hearing pursuant to Government Code Section 65090 et seq.
F.
At the conclusion of the public hearing, but in no event more than thirty days from the date set for the initial public hearing the commission shall recommend approval in whole or in part, or disapproval in whole or part, of the application in writing. The commission's recommendation shall include findings of fact relating to the criteria for designation in Section 17.80.070, that constitutes the basis for its decision and shall transmit its recommendation to the city council, the property owner, and the applicant.
G.
The city council shall consider the recommendation of the commission as soon as practically possible. The city council has the authority for approval in whole or in part conditional approval, or disapproval in whole or in part. The city council may ratify the recommendation of the historic commission without setting the matter for public hearing. The city council, may at it's discretion set the matter for public hearing before rendering it's decision.
H.
Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The commission and council may also give such other notice as they may deem desirable and practicable.
I.
The commission shall not recommend that a resource be removed from the city's list of designated cultural resources unless it is discovered that the information relied on by the commission and the city council in making the original decision was erroneous or false, or that circumstances wholly beyond the owner's control have rendered the resource ineligible for designation based on the criteria listed in Section 17.80.070, and it would be infeasible to restore the resource, or for other good cause.
J.
Designations must be recorded with the county of San Bernardino, department of county clerk.
(Ord. 482 § 1, 1992)
§ 17.80.090 Certificate of appropriateness-Permits.
A.
All permits for alteration, restoration, rehabilitation, remodeling, addition, change of use, demolition removal or relocation for designated cultural resources and properties located in historic districts shall require a certificate of appropriateness from the commission and the city council.
B.
All permits for work on a designated cultural resource shall follow the procedures listed below in processing applications for obtaining certificates of appropriateness and approval of work covered by this chapter.
C.
No permits for work on a nominated cultural resource shall be awarded until eligibility for designation has been initiated in accordance with this section and a certificate of appropriateness, if applicable, has been secured.
D.
All applications for certificates of appropriateness shall be submitted to the commission for approval. The community development department (planning department) shall report any application for a permit to work on a designated cultural resource to the commission. The applicant is encouraged to confer with commission staff prior to submitting an application.
E.
The city shall prepare and publish such standards or criteria as are a necessary supplement to the provisions of this chapter to inform property owners and the general public of those standards of review by which applications for certificates of appropriateness are to be judged.
F.
In evaluating applications for certificates of appropriateness, the commission and the city council shall consider the existing and proposed architectural style, design, arrangement, texture, materials, and any other factors with regard to the original distinguishing architectural characteristics of the designated resource. Using the Secretary of the Interior's Standards for Historic Preservation Projects as a guide, the commission and city council shall approve the issuance of a certificate of appropriateness for any proposed work if and only if it makes any one of the following findings:
1.
With regards to a designated resource, the proposed work will neither adversely affect the significant architectural features of the designated resource nor adversely affect the character of historical, architectural, or aesthetic interest or value of the designated resource and its site;
2.
With regard to any property located within a historic district, the proposed work conforms to the prescriptive standards and design guidelines for the district adopted by the commission, and does not adversely affect the character of the district;
3.
In the case of construction of a new improvement, addition, building, or structure upon a designated cultural resource site, the use and exterior of such improvements will not adversely affect and will be compatible with the use and exterior of existing designated cultural resources, improvements, buildings, natural features, and structures on the site;
4.
That strict application of standards does not create an economic hardship based on testimony and evidence supplied by the applicant whereby it is judged by the commission and city council that strict application of the guidelines would deprive the owner of the property of all reasonable use of or economic return on, the property.
G.
Application for certificates of appropriateness shall be filed with the city's community development department (planning department) for processing. Applications shall include plans and specifications showing the proposed exterior appearance and texture of materials and the proposed architectural design of the exterior of the structure. Where required by the commission, applications shall also include information pertaining to scale, massing, relationship to site and streetscape, landscaping, and signage. The application shall be accompanied by any other information that the commission determines is required for them to make an informed judgment of the proposed work according to the standards of review in this section.
H.
1.
The commission shall establish guidelines for determining which types of applications for certificates of appropriateness should be set for public hearing. The community development director (planning director) or the commission may set a public hearing if of the opinion that a hearing is in the public interest.
2.
In the case of certificates of appropriateness, the matter may be set for a public hearing pursuant to Government Code Section 65090 et seq.
3.
Failure to send any notice by mail to any property owner or resident where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with an application for a certificate of appropriateness.
4.
It shall be the applicant's responsibility to supply a certified notification list of adjacent property owners.
5.
Public testimony shall be taken on any application for a certificate of appropriateness for due commission consideration.
I.
After the permit has been issued, the director of community development or his/her designee shall regularly inspect the work approved by the commission in order to assure compliance. If the work is not being performed in accordance with the certificate of appropriateness, a stop work order shall be issued and all work shall cease.
J.
A certificate of appropriateness shall become void unless a building permit is obtained or for applications not requiring a permit work is commenced within twelve months of the date of issuance. Certificates of appropriateness may be renewed for an additional twelve-month period at the discretion of the historical commission. If the building permit obtained pursuant to a certificate of appropriateness expires, a new certificate of appropriateness is required.
K.
If no building or other permit is required to pursue work on a designated resource, whoever is responsible for the work, whether it is the tenant, resident, or property owners, shall apply for a certificate of appropriateness to the commission staff directly.
L.
For any designated cultural resource, the commission may give a certificate of appropriateness on approval of the city council for a change of use of a property not otherwise permitted by zoning provided the following findings can be made:
1.
The change of use is required for an adaptive re-use of the resource and is compatible with the neighborhood in which it is located;
2.
The adaptive re-use of the resource will result in substantial restoration of the significant architectural features, facade, or structure of the resource in conformance with the Secretary of the Interior's Standards for Preservation Projects;
3.
The change of use will not impair the architectural, aesthetic, historical, or natural integrity of the resource;
4.
The change of use will occupy only the original square footage of the resource or any portion thereof. In the case of a single structure, if the structure contains more than five residential units, one unit must be retained in whole as a residential unit;
5.
The applicant has made reasonable efforts to secure the facade or other features of the resource in perpetuity;
6.
The change of use is to a use of the following types:
a.
Small-scale office uses with limited employment and visitation needs, including but not limited to offices for an architect, landscape architect, interior designer, graphic artist, real estate broker, consulting firm, attorney, and artist studios, or
b.
Retail sale of items related to local history and historic preservation, including but not limited to antiques, books, art, and handicrafts; provided that such use is clearly incidental to all other principles uses on the site and does not exceed seven hundred square feet in floor area;
M.
The commission may incorporate in any certificate of appropriateness such condition or conditions, if any, as the commission may find necessary or desirable to effect the purpose of this chapter and may specify that certain of such conditions shall be covenants running with the land.
N.
When the commission has approved a plan for the preservation of a cultural resource, historic district, or neighborhood conservation area which sets forth particular development standards, an application to the commission to do work consistent with the approved plan development standards may be approved by the staff person designated by the commission. If such staff person does not approve the application, it shall be processed as set forth in this chapter and considered by the commission.
(Ord. 482 § 1, 1992)
§ 17.80.100 Historic Building Code.
The California State Historic Building Code provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as cultural resources. The California State Historic Building Code shall be used for any designated cultural resource in the city's building permit procedure.
(Ord. 482 § 1, 1992)
§ 17.80.110 Preservation easements.
Preservation easements on the facades of buildings designated as a cultural resource may be acquired by the city or nonprofit group through purchase, donation, or condemnation pursuant to California Civil Code 815.
(Ord. 482 § 1, 1992)
§ 17.80.120 Certificate of economic hardship.
A.
Application of a certificate of economic hardship shall be made on a form prepared by the historic preservation commission. The commission may hold a public hearing pursuant to Government Code Section 65090 et seq.
B.
The commission shall review all the evidence and information required of an applicant for a certificate of economic hardship and make a determination within a timely manner of receipt of the application whether the denial of a certificate of appropriateness has deprived, or will deprive, the owner of the property of all reasonable use of, or economic return on, the property. Written notice of the determination shall be provided in the same manner as required by Section 17.80.080.
C.
If the applicant presents facts and clear evidence demonstrating to the commission that failure to approve the application for a certificate of appropriateness will cause an immediate extreme hardship because of conditions peculiar to the particular structure or other feature involved, and the damage to the owner of the property is unreasonable in comparison to the benefit conferred to the community, the commission may approve or conditionally approve such certificate even though it does not meet the standards set forth herein. The commission shall hold a public hearing in order to determine whether a certificate of appropriateness will be approved or denied. A certificate of economic hardship shall be accompanied by a written determination, based on the following findings:
1.
Denial of the application will diminish the value of the subject property so as to leave substantially no value;
2.
Sale or rental of the property is impractical, when compared to the cost of holding such property for uses permitted in this zone;
3.
An adaptive reuse study has been conducted and found that utilization of the property for lawful purposes is prohibited or impractical;
4.
Rental at a reasonable rate of return is not feasible;
5.
Denial of the certificate of appropriateness would damage the owner of the property unreasonably in comparison to the benefit conferred on the community.
D.
The commission shall be authorized to request the applicant to furnish material evidence supporting his or her request for a certificate of economic hardship or shall furnish evidence or testimony to complete the application for certificate of economic hardship including any or all of the following:
1.
Cost estimates of the proposed construction, alteration, demolition, or removal, and an estimate of the additional cost(s) that would be incurred to comply with the recommendations of the commission for issuance of a certificate of appropriateness;
2.
A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;
3.
Estimated market value of the property in its current condition; estimated market value after completion of the proposed construction, alteration, demolition, or removal; after any changes recommended by the commission; and, in the case of a proposed demolition, after renovation of the existing property for continued use;
4.
In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property for continued use;
5.
For income-producing properties, information on annual gross income, operating and maintenance expenses, depreciation deductions and annual cash flow after debt service, current property value appraisals, assessed property valuations, real estate taxes, and any other information considered necessary by the commission to determine whether substantial evidence of economic hardship exits;
6.
Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years.
(Ord. 482 § 1, 1992)
§ 17.80.130 City council approval required.
A.
All decisions of the historic commission shall be forwarded to the city council for ratification. If the city council fails to ratify a decision of the historic commission the item shall be set for a city council public hearing on the next available city council agenda.
B.
The public hearing procedures at the city council shall be the same as that for the historical commission. The city council shall use the same guidelines in rendering a decision and may consider findings of the commission and testimony offered to the commission as part of the official record of the commission hearing.
(Ord. 482 § 1, 1992)
§ 17.80.140 Duty to keep in good repair.
A.
The owner, occupant, or other person in actual charge of a cultural resource or an improvement, building, or structure in a historic district shall keep in good repair all of the exterior portions of such improvement, building, or structure, all of the interior portions thereof when subject to control as specified in the designating ordinance or permit, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.
B.
It shall be the duty of the code enforcement officer to enforce this section.
(Ord. 482 § 1, 1992)
§ 17.80.150 Ordinary maintenance repair.
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, nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such architectural feature when the community development director (planning) demonstrates to the commission that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code and when such architectural feature can be replaced according to the Secretary of the Interior's standards.
(Ord. 482 § 1, 1992)
§ 17.80.160 Enforcement.
Any person who constructs, alters, removes, or demolishes a cultural resource in violation of this chapter shall be required to restore the building object, site, or structure to its appearance or setting prior to the violation. Any action to enforce these provisions may be brought by the city. This civil remedy shall be in addition to and not in lieu of, any criminal prosecution and penalty and other remedy provided by law.
(Ord. 482 § 1, 1992)