The purpose of this article is to promote the public health, safety, and general welfare by providing for the identification, designation, protection, enhancement, and ongoing use of historical resources that represent the City's cultural, architectural, social, economic, and political heritage. It is the intent and purpose of the San Marino City Council in passing this article to:

   A.   Preserve, maintain, and safeguard the City's heritage and character for the enjoyment of present and future generations, by providing for the protection and thoughtful management of historic resources as defined in this article;

   B.   Foster awareness, recognition, and stewardship of the City's historic resources;

   C.   Encourage public knowledge and appreciation of the City's heritage, and foster civic and neighborhood pride and sense of identity through the recognition of historic resources;

   D.   Encourage the maintenance and preservation of cultural landscapes that contribute to the historic character of our neighborhoods and built environment;

   E.   Recognize the City's historic resources as economic assets;

   F.   Stabilize and improve property values within the City, and increase the economic and financial benefits to the City and its inhabitants through the preservation, rehabilitation, and ongoing use of historic resources;

   G.   Integrate the conservation of historic resources into the public and private development process;

   H.   Implement the General Plan by protecting the historical and culturally significant resources that contribute to community identity and a sense of history;

   I.   Facilitate the City's compliance with the National Historic Preservation Act (NHPA) and California Environmental Quality Act (CEQA) and their provisions for cultural and historical resources;

   J.   Preserve diverse and significant architectural styles and property types reflecting the City's history and encourage complementary new construction and design, to maintain the City's historic scale and character; and

   K.   Adopt and encourage the use of historic preservation incentives, both regulatory and economic, that promote the retention, rehabilitation, and protection of historic resources. (Ord. 0-18-1336, 4-11-2018)

The following words and phrases shall be defined as set forth in this section, for the purpose of this article.

ALTERATION: Means any act or process that modifies a historic landmark that either: a) requires a building permit and changes one or more of the features of a landscape or structure including, without limitation, the erection, construction, reconstruction, or relocation of any structure or any part of a structure; or b) significantly changes any feature of a landscape or exterior of a structure that relates to its status as a historic landmark, regardless of whether such act or process requires a building permit.

ARCHITECTURAL FEATURE: Means an exterior design element of a historic resource embodying the style thereof, including, but not limited to, the kind, color, texture of building materials; tile and iron work; the type, style, and arrangement of windows, doors, lights, signs and other fixtures appurtenant to such structure; and, on a larger scale, includes siting, composition and massing (the number, placement and size of improvements).

COMMISSION: Means the City of San Marino Planning Commission.

COUNCIL: Means the City Council of the City of San Marino.

DEMOLITION: Means any act or process that destroys, in whole or in part, a building, structure, or site or permanently impairs the structure's integrity or historical significance.

DIRECTOR: Means the Planning and Building Director, or his or her designee.

HISTORIC LANDMARK: Means any structure, any site, sign, building, landscape, object, area, place, or feature designated as a historic landmark pursuant to this article.

HISTORIC RESOURCE: Means any improvement, historic landmark or district, or other object of cultural, architectural or historical significance to the citizens of the City, the region, the State or the Nation, which is designated or eligible for designation and determined to be appropriate for historic preservation by the Director, the commission, or by the Council pursuant to the provisions of this article.

IMPROVEMENT: Means any structural element, architectural features, plaque, light standard, light fixture, street furniture, porch and steps, structure, sign, fence, wall, mature tree or other specified object constituting a physical feature of real property.

INVENTORY OF HISTORIC RESOURCES: Means the inventory adopted by the commission of potentially historic sites, structures, buildings, objects, and places in the City.

SECRETARY'S STANDARDS: Means the Standards for the Treatment of Historic Properties adopted by the United States Secretary of the Interior, and all guidelines adopted for the implementation of the same, as may be amended from time to time.

STATE HISTORICAL BUILDING CODE: Means California Health and Safety Code, section 18950 et seq., and the California Historical Building Code, codified at part 8, title 24 of the California Code of Regulations, as either of these may be amended from time to time. (Ord. 0-18-1336, 4-11-2018)

   A.   Automatic Designation: Any property within the City that is listed in the National Register of Historic Places or the California Register of Historic Places is automatically designated as a historic landmark for purposes of this article.

   B.   Prior Designations: Any historic landmark previously designated as such by the City on or before the effective date of this article shall continue to be a historic landmark as previously designated for purposes of this article and shall be subject to all provisions herein.

   C.   New Designations: The Council may designate any structure, property, or properties as a historic landmark or historic resource subject to criteria in this article.

   D.   Amendment Or Rescission: The Council may amend or rescind the designation of any historic landmark, for the purposes of this article, subject to the same procedures required for their designation, including without limitation, hearing and recommendation of the Director.

      1.   Criteria For Amendment: Once a historic landmark has been designated, the designation shall not be amended unless the City Council determines the findings required under section 23.18.04 of this article can still be made.

      2.   Criteria For Rescission: Once a historic landmark has been designated, the designation shall not be rescinded unless the City Council finds that: a) the evidence supporting the designation was erroneous; or b) the findings required under section 23.18.04 of this article can no longer be made. (Ord. 0-18-1336, 4-11-2018)

   A.   The Council may designate a historic resource a historic landmark if it meets the requirements of both subsections B and C of this section.

   B.   Historic landmarks must meet at least one of the following criteria:

      1.   It is or was once associated or identified with important events or broad patterns of development that have made a significant contribution to the cultural, architectural, historical, and political heritage of the City, region, State, or Nation; or

      2.   It is or was associated with an important person or persons who made a significant contribution to the history, development, or culture of the City, region, State, or Nation; or

      3.   It embodies the distinctive characteristics of a style, type, period, or method of construction; exemplifies the work of a well-recognized architect or builder, or possesses high artistic or aesthetic values; or it represents one of the last, best remaining examples of an architectural type or style in a neighborhood or the City that was once common but is now increasingly rare.

   C.   Historic landmarks must retain integrity from their period of significance with respect to its location, design, setting, materials, workmanship, feeling, association, or any combination of these factors. A proposed landmark need not retain all such original aspects, but must retain sufficient integrity to convey its historic, cultural, or architectural significance. Neither the deferred maintenance of a proposed landmark nor its dilapidated condition shall, on its own, be equated with a loss of integrity. Integrity shall be judged with reference to the particular characteristics that support the property's eligibility. (Ord. 0-18-1336, 4-11-2018)

   A.   Application: The Council, commission, Director, or the owners of the subject property or their authorized agents may apply for a historic landmark designation. A third party who believes that a property or structure should be designated may submit a written request for the commission or Director to initiate an application. In the event the Council, commission, or Director initiates the application, the Director shall complete the required application. All applications shall be made on a form prescribed by the Director and shall include the following data:

      1.   The assessor's parcel number and legal description of site;

      2.   A description of the historic landmark, including its current condition and its special aesthetic, cultural, architectural, or engineering interest, or value of a historic nature;

      3.   Sketches, drawings, photographs, or other descriptive material;

      4.   The written consent of the property owner(s) or authorized agent to the proposed historic landmark designation;

      5.   Such other information as requested by the Director; and

      6.   Required filing fees, as set by Council resolution. City initiated nominations are not subject to filing fees.

   B.   Activity: Except as necessary to correct an unsafe or dangerous condition pursuant to section 23.18.14 of this article, it shall be unlawful for any person to carry out or cause to be carried out any activity requiring a Certificate of Appropriateness on a proposed historical landmark for which an application has been filed until the Council has taken final action.

   C.   Survey: Within forty five (45) days of when a designation application is deemed complete, the Director shall conduct a survey to document all potentially historic features of the subject property and prepare a report to the commission.

   D.   Commission Review And Recommendation:

      1.   The commission shall consider each application for designation at a public hearing. The Director shall set the time and place of such hearing. Any such hearing may be continued from time to time.

      2.   The Director shall give, in writing, notice not less than ten (10) days of the time, place and purpose of such hearing to the owners and occupants of the subject and adjacent properties.

      3.   Following the hearing, the commission shall adopt a resolution to recommend to the Council approval or disapproval of the application for designation.

   E.   Council Determination: The sole authority to designate a historic resource as a historic landmark shall be vested in the Council in accordance with the following:

      1.   Within ten (10) days of the commission recommendation, the Director shall send a copy to the City Clerk. The City Clerk shall set a hearing at which the Council shall consider the recommendation of the commission. The applicant and owner of the property shall be given notice of the time and place of the Council hearing at least ten (10) days prior to the hearing date, together with a copy of the commission's recommendation to the Council.

      2.   Following the hearing, the Council shall adopt or reject the designation recommended by the commission. In the alternative, the Council may continue its consideration of the matter, or refer the proposed designation to the commission for further consideration within a period of time designated by the Council. If the Council has not taken any action on the application within one hundred eighty (180) days of the commission's recommendation, then the application shall be deemed denied.

      3.   The designation of a historic landmark shall be made by resolution of the Council.

      4.   Within ten (10) days of the Council's decision, notice thereof shall be mailed by the City Clerk to the applicant and record owner of the property proposed for designation.

      5.   The resolution designating the property as a historic landmark shall be filed with the Los Angeles County Recorder's Office by the City Clerk.

   F.   Public Agencies: The Director shall take appropriate steps to notify all public agencies and public utilities which own or may acquire property, including easements and public rights-of-way in the City, of the existence of historic landmarks. The Director shall forward a copy of any resolution approving the designation of a historic landmark to any department or agency that the Director deems appropriate.

   G.   Local Official Register: Resolutions adopting designations of historic landmark shall collectively be known as the San Marino Register of Historic Landmark. The local official register shall be kept on file with the City Clerk, who shall transmit copies, updated annually, to the Director of Planning and Building, the Director of Parks and Public Works, and the Crowell Public Library.

   H.   Designation: Upon designation by the Council, the Director shall record the location, characteristics, and significance of the historic landmark on a California Department of Parks and Recreation Historic Resources Inventory Form 523, and include therewith a description of the particular features that are to be preserved and the legal description of the historic landmark.

   I.   Marker: A designated historic landmark may be identified by an approved City marker, but such a marker is not required.

   J.   Deletion Of Demolished Or Rescinded Landmark: When a listed historic landmark has been demolished or has had its historic landmark designation rescinded pursuant to the provisions of this Code, the Director, upon notice thereof, shall cause such structure to be deleted from the San Marino official register. Upon such deletion, the provisions of this article shall have no further application to such property. (Ord. 0-18-1336, 4-11-2018)

   A.   The owner, occupant, lessee, or other person having legal custody and control of a historic landmark shall keep in good repair all exterior portions thereof, all interior portions thereof regulated by the applicable designation statement or adopted conservation plan, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.

   B.   The owner, occupant or other person having legal custody and control of a historic landmark shall promptly repair such building or structure consistent with all other applicable local, State, and Federal laws, if it is found to have any of the following defects:

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

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

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

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

      5.   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

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

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

   D.   A Certificate of Appropriateness shall not be issued for the demolition of a historic landmark because of the failure of the owner to comply with the provisions of this section. (Ord. 0-18-1336, 4-11-2018)

No person shall carry out or cause to be carried out any alteration, restoration, rehabilitation, construction, removal, relocation, or demolition of any historic landmark unless the City has first issued a Certificate of Appropriateness or Certificate of Economic Hardship in accordance with the requirements in this article. (Ord. 0-18-1336, 4-11-2018)

   A.   Application: An application for a Certificate of Appropriateness shall be filed with the Planning and Building Department upon a form prescribed by the Director and shall include the following information, excepting such information the Director deems unnecessary on a case-by-case basis in light of the proposed work:

      1.   A description of the proposed work and an explanation of how it is compatible with the Secretary's Standards and other applicable standards, where appropriate;

      2.   Detailed architectural plans and specifications, including floor plans and scaled elevations and drawings, illustrating the scale, massing, and appearance of the proposed work, including existing and proposed elevations and plans;

      3.   A description of the specifications and appearance of existing and proposed replacement materials and features;

      4.   A site plan showing all existing buildings and structures and the relationship of the proposed work to the surrounding environment;

      5.   Relationship to the existing scale, massing, architectural style, site and streetscape, landscaping, and signage for new construction in historic districts;

      6.   Any other information determined to be necessary for review of the proposed work by the Director;

      7.   Required fee(s), as set by Council resolution.

   B.   Director Review: An application for a Certificate of Appropriateness shall be eligible for Director review if the application meets either of the following requirements:

      1.   The proposed work would not result in a change of design, material, or appearance of the historic landmark's character defining features, which may include but is not limited to:

         a.   Repair or replacement of deteriorated materials with applications or materials of the same kind, type, and texture already in use for roofs, windows, siding material, chimneys and fireplaces, accessory structures, or fencing;

         b.   Addition or deletion of awnings, canopies, and similar incidental appurtenances that do not alter the integrity of the historic landmark.

      2.   The proposed work is limited to a minor addition of square footage which does not exceed one hundred fifty (150) square feet, as determined by the Director, and where such additions are on the rear elevation and not visible from the public right-of- way and would not remove, change, or obstruct any of the historic landmark's character-defining features.

      3.   Notwithstanding the above, the Director shall have the discretion to refer any application for a Certificate of Appropriateness to the commission for review.

   C.   Commission Review: The commission shall conduct a public hearing on all applications for a Certificate of Appropriateness not eligible for Director review under subsection B of this section or referred to the commission by the Director.

   D.   Findings Required:

      1.   Standard Findings: No Certificate of Appropriateness shall be approved unless the following findings are made:

         a.   The project will not cause a substantial adverse change in the significance of a historic landmark within the meaning of the California Environmental Quality Act as determined by the commission and the Council;

         b.   The project is consistent with the provisions of this article; and

         c.   The project is consistent with the Secretary's Standards and any applicable design guidelines adopted by the City.

      2.   Additional Findings For Demolitions: No Certificate of Appropriateness to allow demolition of part or all of a historic landmark shall be approved unless the following findings are made in addition to all other required findings:

         a.   All efforts to restore, rehabilitate, or relocate the historic landmark would be futile;

         b.   Restoration or rehabilitation would require extensive alterations that would render the historic landmark unworthy of preservation or make such preservation infeasible;

         c.   Failure to demolish the historic landmark would adversely affect or detract from the character of the neighborhood; and

         d.   The deterioration of the historic landmark is not the result of the failure of the owner to maintain the property in accordance with this article.

   E.   Issuance Of Certificate: Following review of an application for a Certificate of Appropriateness, the Director or commission shall adopt a resolution approving, conditionally approving, or denying the application. The applicant shall be notified of the decision by mail within ten (10) days. Upon approval, copies of the Certificate of Appropriateness shall be forwarded to the applicant, the Director, and any other department or agency that requests one.

   F.   Appeal: Decisions of the Director and commission regarding a Certificate of Appropriateness are subject to appeal in accordance with section 23.18.16 of this article. No Certificate of Appropriateness shall become effective until the time to appeal its issuance has expired. (Ord. 0-18-1336, 4-11-2018)

   A.   Hardship: The commission may issue a Certificate of Economic Hardship to allow alteration or demolition of a historic landmark where denial of a Certificate of Appropriateness would create an extraordinary and severe hardship upon the owner. No action shall be taken to demolish a historic landmark for a period thirty (30) days following the issuance of a Certificate of Economic Hardship.

   B.   Application: All applications shall be filed with the Planning and Building Department with the proscribed form. The applicant is encouraged to confer with the Planning and Building Department prior to application submittal. All applications should include:

      1.   Cost estimate of the proposed construction, addition, alteration, demolition or relocation;

      2.   Cost 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;

      3.   A rehabilitation report from a licensed engineer or architect with expertise in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;

      4.   The estimated market value of the property in its current condition;

      5.   The estimated market value of the property after completion of the proposed construction, alteration, demolition or relocation;

      6.   The estimated market value of the property after any condition recommended by the commission;

      7.   In the case of demolition, the estimated market value of the property after renovation of the existing property for continued use;

      8.   In the case of demolition, an estimate from a licensed architect, State certified appraiser and other real estate professional with experience in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property;

      9.   For income-producing properties, information on annual gross income, operating and maintenance expenses, tax deductions for depreciation and annual cash flow after debt service, current property value appraisals, assessed property valuations and Real Estate Taxes;

      10.   Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years;

      11.   All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property;

      12.   The amount paid for the property if purchased within the previous thirty six (36) months, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer;

      13.   Any listing of the property for sale, rent, price asked and offers received, if any, within the previous two (2) years;

      14.   Any other information considered necessary by the commission to determine whether or not the property does or may yield a reasonable return to the owners; and

      15.   Required fee(s), as set by Council resolution. (Ord. 0-18-1336, 4-11-2018)

If a Certificate of Economic Hardship is required for a historic resource, the procedure for a Certificate of Appropriateness shall apply, with the exception that the previous requirement for findings enumerated in section 23.18.08 of this article shall be substituted with the following findings:

   A.   Denial of the application will diminish the value of the subject property so as to leave substantially no value;

   B.   Sale or rental of the property is impractical, when compared to the cost of holding such property for uses permitted in this zone;

   C.   An adaptive reuse study has been conducted and found that utilization of the property for lawful purposes is prohibited or impractical;

   D.   Rental at a reasonable rate of return is not feasible;

   E.   Denial of the Certificate of Appropriateness would damage the owner of the property unreasonably in comparison to the benefit conferred on the community; and

   F.   All means involving City-sponsored incentives, such as transfer of development rights, tax abatements, financial assistance, Building Code modifications, changes in the zoning ordinance, loans, grants and reimbursements, have been explored to relieve possible economic disincentives. (Ord. 0-18-1336, 4-11-2018)

A Certificate of Appropriateness or Economic Hardship shall lapse and become void one year from the date of approval, unless a building permit (if required) has been issued and work authorized by the certificate has commenced prior to such expiration date and is diligently pursued to completion.

Upon request of the property owner, the Director shall have discretion to extend a Certificate of Appropriateness or Certificate of Economic Hardship provided such extension shall not exceed one year. In the event a Certificate of Appropriateness or Certificate of Economic Hardship lapses, a new application shall be required. (Ord. 0-18-1336, 4-11-2018)

Whenever any decision under this article by the Council, commission, or Director to approve an application has the potential to diminish or destroy the historic, cultural, or architectural value of a historic landmark, the Council, commission or Director may impose conditions to mitigate the loss of a historic landmark. Such conditions may include, but shall not be limited to the following:

   A.   Documentation of the historic features of the property including, but not limited to, site plans, floor plans, elevations, detailed drawings of character defining features, photographic records of the exterior, interior, and any character defining features, title deed of the original owners, any historical information of person and events associated with the site.

   B.   Requiring salvage, relocation, donation, or adaptive reuse of significant items or features within or on the property. (Ord. 0-18-1336, 4-11-2018)

   A.   Demolition, in whole or in part, of a historic landmark without issuance of a Certificate of Appropriateness or Certificate of Economic Hardship is prohibited.

   B.   A Certificate of Appropriateness or Certificate of Economic Hardship shall not be issued for the demolition, in whole or in part, for a historic landmark unless a plan for a replacement has been approved through the appropriate development review process.

   C.   No permit shall be issued for the demolition, in whole or in part, of a historic landmark unless a permit has been issued for a replacement improvement, unless demolition is required in conformance with section 23.18.14 of this article because of unsafe or dangerous conditions. (Ord. 0-18-1336, 4-11-2018)

   A.   None of the provisions of this article shall be construed to prevent any construction, alteration, removal, demolition or relocation of a historic landmark necessary to correct unsafe or dangerous conditions of any structure or feature, or part thereof where the Director has declared such condition unsafe or dangerous and the proposed construction, alteration, removal, demolition or relocation necessary to correct the unsafe or dangerous condition. Only such work as is necessary to correct the unsafe or dangerous condition may be performed pursuant to this section.

   B.   Prior to the City authorizing any work pursuant to this section, the Director shall inform the commission unless he or she determines that such work is immediately necessary to correct the unsafe or dangerous condition; in which case, the Director shall report his or her actions to the commission at its next regular meeting. (Ord. 0-18-1336, 4-11-2018)

If any action required or taken pursuant to this article is subject to the provisions of the California Environmental Quality Act, the time in which such action must be taken shall be extended in order to allow time to comply with said Act, provided, however, that such action is taken within the time limits imposed by the Permit Streamlining Act. (Ord. 0-18-1336, 4-11-2018)

   A.   Any interested party may appeal any decision by the Director under this article to the commission, and any decision by the commission to the Council, not later than fifteen (15) days following the giving of notice of decision. Such appeal shall be taken by filing a written notice of appeal with the Director, along with an appeal fee as set by Council resolution.

   B.   The Director shall cause the appeal to be set for hearing before the commission or Council within sixty (60) days of receipt of the notice of appeal. The City Clerk shall give the appellant and all persons requesting the same at least ten (10) days' written notice of the time and place of the appeal hearing.

   C.   All appeals shall be decided de novo following a public hearing. (Ord. 0-18-1336, 4-11-2018)

To encourage owners to designate, maintain, preserve, rehabilitate, and improve historic landmarks, the City provides the incentives set forth in this section. Only properties designated as historic landmarks are potentially eligible to apply for preservation incentives.

   A.   Mills Act Contracts: Pursuant to and consistent with California Government Code, section 50280, the Council may enter into Mills Act contracts with the owner of a historic landmark for the purpose of preservation, rehabilitation, and maintenance of designated historic landmark, which shall allow the owner to receive a reduction in Property Taxes in exchange for a commitment to specific repair, restoration, or rehabilitation improvements and satisfactory maintenance of the property. The agreement shall include, but not be limited to, the contract provisions required under State law, and shall extend for a minimum period of ten (10) years, renewed annually, until and unless a notice of non-renewal or cancellation is filed. The application process, review procedures, and required contract provisions for Mills Act agreements shall be established at the sole discretion of the Council based on the recommendations of the commission in a form to be approved by the City Attorney. The program shall be implemented by the Director or his or her designee. The Council may adopt a policy by resolution governing which properties are eligible for Mills Act contracts.

   B.   Public Recognition: The commission or Council may establish a program to publicly recognize historic resources with plaques, signage, and other appropriate forms of recognition.

   C.   State Historical Building Code (SHBC): Any alteration made for preservation, rehabilitation, restoration or relocation of historic resources may be made according to the requirements of the State Historical Building Code. The SHBC shall be used for any historic resource in the City's building permit procedure.

   D.   Fee Relief And Waivers: Historic landmarks are eligible for the following fee waivers, refunds, and reductions provided that the work is consistent with the historic criteria under which the property was designated a historic landmark.

      1.   A fifty percent (50%) refund of applicable building permit fees at time of issuance for projects found to be in compliance with the Secretary's Standards.

   E.   Preservation Easements: Preservation easements on the facades of buildings designated as historic resources may be acquired by the City, or on the City's behalf, by a nonprofit group designated by the City through purchase, donation, or condemnation pursuant to California Civil Code 815. (Ord. 0-18-1336, 4-11-2018)

The Director, with the advice and consent of the City Manager, shall have the authority to enforce the provisions of this article. (Ord. 0-18-1336, 4-11-2018)

   A.   It is unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of these requirements of this article. Any person, firm, partnership, or corporation that violates a requirement of this article or fails to obey a resolution issued by the commission or Council comply with a condition of approval of any certificate or permit issued under this article shall be guilty of a misdemeanor pursuant to section 01.04.01 of this Code. Each day that such failure continues shall constitute a separate violation.

   B.   Any alteration or demolition of a historic resource in violation of this article is expressly declared to be a nuisance pursuant to section 01.04.10 of this Code 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 article, shall be liable for a civil penalty.

   C.   Alteration or demolition of a historic resource in violation of this article shall authorize the City to issue a temporary moratorium for the development of the subject property for a period not to exceed twenty four (24) months from the date the City becomes aware of the alteration or demolition in violation of this article. The purpose of the moratorium is to provide the City an opportunity to study and determine appropriate mitigation measures to restore the historic resource, and to ensure measures are incorporated into any future development plans and approvals for the subject property are followed pursuant to Code. Mitigation measures as determined by the Planning and Building 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 an unauthorized demolition, the civil penalty shall be equal to the assessed value or the cost of reconstruction, restoration, or repair of the historic resource prior to the demolition. In the case of alteration, the civil penalty shall be equal to 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 article. In any civil action brought pursuant to this article, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. (Ord. 0-18-1336, 4-11-2018)

Before accepting for filing any application described in this article, the Director shall charge and collect such administrative fees as may be set by resolution of the Council. (Ord. 0-18-1336, 4-11-2018)