§ 17.62.120. Demolition or Alteration of a Historic Resource without a Permit

A.

Failure to comply with this Chapter.  

1.

Demolition, including demolition by neglect, or alteration of any designated historic resource, including designated historic resources within the Central District, without compliance with this Chapter is expressly declared to be a nuisance, and shall be abated by reconstructing or restoring the property to its condition before the performance of work in violation of this Chapter, or in the case of demolition by neglect, by completing the work as required to stabilize and arrest further deterioration of the property.

2.

The owner of the property shall begin the corrective work identified in Subparagraph 1., above, within 30 days of receiving notice from the Director about an illegal alteration, demolition, or a citation of demolition by neglect in violation of this Chapter. The corrective work shall be diligently pursued and completed within 12 months of the date of the Director's notice.

3.

The property owner may apply to the Historic Preservation Commission to extend the 12-month deadline.

4.

The Historic Preservation Commission may extend the time period if it finds that the corrective work cannot reasonably be performed within 12 months.

5.

If the owner fails to complete the necessary work as described above, then the City may, after a noticed public hearing before the Historic Preservation Commission, cause the stabilization, reconstruction, or restoration to be done, and the owner shall reimburse the City for all costs incurred in doing the work.

6.

The cost of the work performed by the City shall constitute a lien against the property on which the work is performed.

7.

Restoration or reconstruction may only be required when plans or other evidence are available to effect the reconstruction or restoration to the satisfaction of the Director.

B.

Penalty for demolition without a Certificate of Appropriateness.  

1.

Designated historic resource. If a designated historic resource is demolished without a Certificate of Appropriateness as required by this Chapter or a Demolition Permit, and is not restored or reconstructed as required by Subsection A., above, no building or construction-related permits shall be issued, and no permits or use of the property shall be allowed, from the date of demolition for a period of five years.

2.

Eligible historic resource. If an eligible historic resource is demolished without a Certificate of Appropriateness as required by this Chapter or a Demolition Permit, and is not restored or reconstructed as required by Subsection A., above, no building or construction-related permits shall be issued for a period of four years.

3.

All other structures. If a structure not classified as a designated or eligible historic resource, or noncontributing building in a landmark district, is demolished without a Certificate of Appropriateness as required by this Chapter, or a Demolition Permit, no building or construction-related permits shall be issued for a period of 12 months. This penalty applies solely to illegal demolition of primary structures on a site and does not apply to accessory structures.

4.

Date of actual demolition. For purposes of this Section, the demolition shall be presumed to have occurred on the date the City has actual knowledge of the demolition. The owner shall have the burden of proving a different date if one is claimed.

C.

Director shall provide notice.  

1.

The Director shall provide notice by certified mail of the applicability of this Section to the owner, as shown on the rolls of the County Tax Assessor, and any other person known to have an interest in the property, as soon as practicable after having knowledge that the provisions of this Section are applicable to the subject property.

2.

The date the City first had actual knowledge of the demolition shall be stated in the notice.

D.

Director's decision may be appealed to the Historic Preservation Commission.  

1.

Appeal in compliance with Chapter 17.72. The decision of the Director that this Section is applicable to the subject property may be appealed by the property owner to the Historic Preservation Commission in compliance with Chapter 17.72 (Appeals).

2.

Historic Preservation Commission's action to grant relief. The Historic Preservation Commission may grant relief from the requirements of this section:

a.

If the violation of this Section did not involve a designated historic resource (excluding noncontributing structures in districts) or a historic resource that was eligible for landmark designation either individually or as part of a district or listing in the National Register of Historic Places either individually or as part of a listed district or district eligible for listing; or

b.

If it finds that the new construction serves an overriding public benefit and will not be detrimental or injurious to property or improvements in the vicinity of the project site, or to the public health, safety, or general welfare.

3.

Council's consideration of an appeal.  

a.

The applicant and/or property owner may appeal the decision of the Historic Preservation Commission regarding either Subparagraphs 1. or 2., above, to the Council.

b.

The Council shall consider the appeal at a public hearing noticed and conducted in compliance with Chapter 17.76 (Public Hearings).

c.

The Council's action on the appeal shall be final.

4.

All property shall be maintained in an orderly state. All property subject to the provisions of this Section shall be maintained in an orderly state.

5.

Installation and maintenance of landscaping required. The owner shall maintain all existing trees and landscaping on the property where the demolition occurred, and, when appropriate, shall sod and seed the property or otherwise install planting and landscaping materials in a manner satisfactory to the Director.

6.

Design review of new construction. Any new construction on the subject property after the time period within which building and other development permits may not be issued shall be subject to Design Review by the Historic Preservation Commission, if located outside of the Central District.

E.

Additional requirements for compliance.  

1.

Determination of previous appearance or condition. Restoration or reconstruction may only be required when plans or other evidence are available to the City from which the prior appearance or condition of the structure can be determined. In the event the appearance of the structure before the unapproved work cannot be determined, the owner shall obtain all required permits for the alteration or new construction.

2.

Compliance with Secretary's Standards or applicable design guidelines. For an alteration or new construction in a landmark or historic district, all work authorized by the permits shall comply with the Secretary's Standards or applicable guidelines, and shall be reviewed by the Director for compliance with this Chapter.

3.

Shall constitute a separate offense. In compliance with Section 1.24.030 of the Municipal Code, each day the alteration exists without approval or a valid Building Permit shall constitute a separate offense.

F.

Violations.  

1.

May be charged as misdemeanors. In compliance with City Charter Section 512, and Municipal Code Chapter 1.24, a violation of this Chapter may be charged by the City prosecutor as a misdemeanor and be punished accordingly.

2.

Penalties are cumulative and not exclusive. The criminal penalties are cumulative and not exclusive to any legal or equitable remedies for the violations.

G.

Public safety exceptions.  

1.

Preservation of the health and safety of the public. Notwithstanding any other provision of this Chapter, the Director may authorize permits to demolish, relocate, remove, or significantly alter a designated or eligible historic resource if a permit is necessary for the preservation of the health and safety of the public.

2.

Limited to work necessary to protect the public. Approval in compliance with this Subsection shall be limited to the work necessary to protect the public.

(Ord. 7009 § 28, 2005)