A. 
It is unlawful for any person to alter, tear down, demolish, construct, remove, or relocate any nominated historic resource, historic resource, or any property located within a historic district without first obtaining a permit from the city as provided by this chapter. An application fee may be required if so specified in the city's master fee schedule.
B. 
Exceptions.
1. 
Ordinary maintenance and repair. No permit shall be necessary for ordinary maintenance and repair.
2. 
Public health and safety. No permit shall be necessary for work on an improvement when the city's building division certifies that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified using the California Historical Building Code.
3. 
Economic hardship. The owner of a historic resource may request to be exempted from the permit requirement and carry out work that may adversely affect the authenticity, integrity, value and/or importance of the historic resource on the basis of extreme financial hardship or adversity. Such request shall be submitted by the property owner and considered by the Commission (and City Council if appealed) in the same manner as an application described in Section 22.08.020. The Director may require the owner to furnish material evidence supporting the request for exemption.
C. 
The permit required by this chapter shall be in addition to any other permit required for a proposed project.
(Ord. 9776 § 1, 1985; Ord. NS-433 § 4, 1997; Ord. CS-438 § 5, 2022)
The permit procedure to alter, tear down, demolish, construct, remove, or relocate any portion of a nominated historic resource, historic resource, or any property located within a historic district is as follows:
A. 
An application for a permit to do work at a historic resource or any property within a historic district shall be submitted to the development processing division on forms designated by the City Planner.
B. 
If the application is for work on a historic resource subject to a historical property contract between the city and the property owner(s), then the City Planner shall review the application to ensure that the proposed alteration, demolition, reconstruction, rehabilitation or restorative work is consistent with the terms of the historical property contract, the Secretary of the Interior's Standards and any local design guidelines or standards adopted for the historic district, if applicable. If the City Planner determines that the application is consistent with those criteria, the application may be approved and a permit may be issued administratively. If the proposed alteration, demolition, reconstruction, rehabilitation or restorative work was not listed in the historical property contract approved by City Council, or is determined to be inconsistent with the Secretary of the Interior's Standards or local design guidelines or standards, then the application shall be processed pursuant to subsection C of this section.
C. 
If the historic resource is not subject to a historical property contract between the city and property owner(s), the City Planner shall review the application and provide a recommendation to the Commission. Within 60 calendar days from the receipt of such complete application, the Commission shall hold a public hearing to review the application and consider the City Planner's recommendation. Notice of the public hearing shall be given as provided in Section 21.54.060(B) of this code. At the conclusion of the public hearing on the permit application, the Commission shall, by resolution, issue or deny, in whole or in part, any permit application.
D. 
The decision of the Commission may be appealed to the City Council by filing an appeal with the City Clerk's office within 10 calendar days of the date of the Commission's decision. If an appeal is filed, the City Council shall hold a public hearing on the application within 30 days of receipt of the appeal. Notice of the public hearing shall be given as provided in Section 21.54.060(B) of this code.
(Ord. 9776 § 1, 1985; Ord. NS-433 § 4, 1997; Ord. NS-676 § 15, 2003; Ord. CS-164 § 10, 2011; Ord. CS-438 § 5, 2022)
A permit for the proposed work shall be issued if, and only if, the decision-maker determines:
A. 
That the proposed work would comply with the Secretary of the Interior's Standards and not detrimentally deteriorate, damage, destroy, or adversely affect the authenticity, integrity, value, and/or importance of the historic resource;
B. 
That the proposed exterior work will be compatible with the external appearance of existing improvements on the property or within the historic district, if applicable; and
C. 
That the proposed work is consistent with the purpose and intent of this chapter.
(Ord. 9776 § 1, 1985; Ord. NS-433 § 4, 1997; Ord. CS-438 § 5, 2022)
The owner, occupant or other person legally responsible for a nominated historic resource, historic resource, or any property located within a historic district shall keep in good repair all portions of such historic resource or property within a historic district, including all interior portions and appurtenances thereof whose maintenance is necessary to prevent change, deterioration, damage, destruction, or adverse effect to the authenticity, integrity, value, and/or importance of the resource.
(Ord. 9776 § 1, 1985; Ord. NS-433 § 4, 1997; Ord. CS-438 § 5, 2022)
All maintenance and repairs, alterations, reconstructions, restorations, preservations, or rehabilitations of existing improvements shall conform with the historical property contract, and to the guidelines and requirements of the Secretary of Interior's Standards, the California Department of Parks and Recreation Office of Historic Preservation and the State Historical Building Code, as applicable.
(Ord. 9776 § 1, 1985; Ord. NS-433 § 4, 1997; Ord. CS-438 § 5, 2022)
Any person who violates any of the provisions of this title, including by failing to comply with a condition of approval of any permit or preservation benefit or incentive issued under this title, is guilty of an infraction punishable as provided in Section 1.08.010 of this code, or in the alternative by the administrative code enforcement remedies of Chapter 1.10 of Title 1 of this code.
(Ord. CS-438 § 5, 2022)