B.
Any structure or sign erected, moved, altered,
enlarged, or maintained, and any use of a site contrary to the provisions
of this title shall be and is declared to be unlawful and a public
nuisance, and the city attorney shall immediately institute necessary
legal proceedings for the abatement, removal and enjoinment thereof
in the manner provided by law, shall take such other steps as may
be necessary to accomplish these ends, and shall apply to a court
of competent jurisdiction to grant such relief as will remove or abate
the structure, sign or use, and restrain or enjoin the person, firm,
corporation or organization from erecting, moving, altering or enlarging
the structure or sign or using the site contrary to the provisions
of this title.
C.
All remedies provided for in this section
shall be cumulative and not exclusive.
(Prior code §2-12.22; Ord. 1168 § 3, 1984)
Any deed of conveyance, sale or contract
to sell made contrary to the provisions of this title shall be voidable
at the sole option of the grantee, buyer or person contracting to
purchase, his or her heirs, personal representative, or trustee in
insolvency, or bankruptcy, within one year after the date of execution
of the deed of conveyance, sale or contract to sell; but the deed
of conveyance, sale or contract to sell is binding upon any assignee
or transferee of the grantee, buyer, or person contracting to purchase
other than those above enumerated, and upon the grantor, vendor, or
person contracting to sell or his or her assignee, heir, or devisee.
(Prior code § 2-12.23)
A.
Any property owner who demolishes, or causes to be demolished, any historic building in the city is subject to fines and restrictions on future development unless the owner received prior written city approval: in conjunction with a new development application or other code provision; or the chief building and safety official made a determination of a dangerous building pursuant to Chapter 20.32.
1.
A "historic building" is a building
which meets the eligibility criteria for the National Register of
Historic Places or the California Register of Historical Resources;
is listed as a historic resource in the Pleasanton General Plan; or
is a historic resource determined by the city in other documents.
2.
"Demolition" means: dismantlement, tear down, or deconstruction of buildings, structures and their components, or portions thereof; removal of a historic building from its original site (unless approved by the city); and demolition by neglect (see Sections 9.28.025 and 18.74.200). Alterations to a historic building beyond the approvals granted by the city can also be a demolition.
B.
Fines. In the reasonable determination
of the director of community development, the fine for an unpermitted
demolition shall be based on an amount up to the greater of: (1) the
appraised value of the building, or altered portions of the building,
before demolition, using a licensed appraiser selected by the city;
or (2) the replacement value of the demolished building, or altered
portion[ of the building.
C.
Restrictions on Future Development. New
or replacement development on the property shall not exceed the demolished
historic building's original:
1.
Square footage;
2.
Floor area ratio;
3.
Height; and
4.
Location (e.g., setbacks and separation
between structures).
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If the original historic building's
size, height, or location does not comply with current zoning (i.e.,
it was legal nonconforming), a new or replacement development shall
not be allowed to continue such noncompliance, unless otherwise approved
by the city.
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New or replacement construction shall
be built in the same or another appropriate historical style as described
in the Pleasanton Downtown Historic Context Statement (2015) or other
city document; and shall be of the same or better quality of design
and level of architectural detail as the building that was altered
or demolished.
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These restrictions shall be in place
for a period of 20 years from the date of the unlawful demolition;
and shall be recorded against the title of the property as a Notice
of Violation and Covenant of Future Development Restrictions.
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An owner may be relieved of these
restrictions in conjunction with a subsequent zoning approval from
the zoning administrator, planning commission or city council.
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(Ord. 2204 §
3, 2019)
