This chapter specifies the procedures and criteria that apply citywide and where the City will use to regulate the designation of individually significant historic resources as defined in Section 30.300.080 "H" Definitions related to Historic Resources and the design review standards for historic resources.
(Ord. 6006, 2021)
Applications for a designation of a historic resource shall be accepted and processed pursuant to Chapter 30.205, Common Procedures, and the specific requirements of this chapter. In addition to any other application requirements, the application for a designation shall include data or other evidence in support of the applicable findings required by Section 30.157.110, Required Findings.
(Ord. 6006, 2021)
In considering a proposal to designate or recommend designation
of any structure, site or feature as a Landmark, Structure of Merit
or for inclusion on the Historic Resources Inventory, any structure,
site or feature must be at least 50 years of age, meet one or more
of the criteria outlined below, and retain historic integrity. The
designating authority must find that the structure, site or feature
retains enough historic integrity of location, design, setting, materials,
workmanship, feeling, and association that it conveys its historic
significance in accordance with the most recent National Register
of Historic Places Bulletin Haw to Apply the National Register
Criteria for Evaluation. The designating authority must find
that the structure, site or feature meets one or more of the following
Significance Criteria:
1.
It
is associated with events that have made a significant contribution
in our past;
2.
It
is associated with the lives of persons significant in our past;
3.
It
embodies the distinctive characteristics of a type, period, architectural
style or method of construction, or represents the work of a master,
or possesses high artistic or historic value, or represents a significant
and distinguishable collection whose individual components may lack
distinction;
4.
It
yields, or may be likely to yield, information important in prehistory
or history; or
5.
Its
unique location or singular physical characteristic represents an
established and familiar visual feature of a neighborhood.
(Ord. 6006, 2021)
A.
Nomination for Designation. A nomination for designation of
a Landmark or Structure of Merit shall be submitted to the Community
Development Department's Planning Division for initial review by the
City Architectural Historian. Any structure, site or feature having
potential historic, architectural, archeological, cultural, or aesthetic
significance may be proposed to the Historic Landmarks Commission
for designation as a Landmark or Structure of Merit by:
1.
The Historic Landmarks Commission;
2.
Professional Survey. A recommendation
found in a professional historic resource survey or Historic Structures/Sites
Report accepted by the Historic Landmarks Commission at a public hearing;
3.
Owner. The owner(s) of the property
on which the proposed Landmark or Structure of Merit is located; or
4.
Any interested person or entity.
B.
Preparation of a Significance Report. Prior to a public hearing,
the City's Architectural Historian shall evaluate the proposed Landmark
or Structure of Merit nomination and prepare a Significance Report
either recommending or denying the proposed Landmark or Structure
of Merit nomination for consideration by the Historic Landmarks Commission
pursuant to the criteria of this chapter.
1.
Recommendation for Designation. If
the Significance Report recommends designation, within 90 calendar
days of completion of the report, the proposal will be scheduled for
a noticed public hearing at the Historic Landmarks Commission.
2.
Denial. If the Significance Report
denies the proposed nomination, no further review will occur.
C.
Property Owner Notification. If the nomination for designation
is by anyone other than the property owner, the City shall provide
a notice to the property owner if there is a recommendation for designation.
The written notice shall be by first class mail to the owner of the
property on which the proposed Landmark or Structure of Merit is located,
as shown on the latest available records of the County Assessor.
D.
Historic Landmarks Commission Action. All proposals to designate a Landmark or Structure of Merit shall require a public notice and hearing pursuant to Chapter 30.205, Common Procedures.
E.
Resolution. When making a decision to approve or deny a designation
of a Structure of Merit or a recommendation to designate a Landmark
to City Council, the Historic Landmarks Commission shall issue a written
resolution and make findings of fact as required by this chapter.
1.
Landmark. lf the Historic Landmarks
Commission recommends designation as a Landmark, the Historic Landmarks
Commission shall adopt a Resolution of Recommendation that shall be
forwarded to the City Council for review of the proposed designation.
If denied, the decision shall become final within 10 calendar days
unless appealed directly to the City Council.
2.
Structure of Merit. If the Historic
Landmarks Commission approves designation as a Structure of Merit,
the Historic Landmarks Commission shall adopt a Resolution of Designation
or deny the designation, the decision shall become final within 10
calendar days unless appealed directly to the City Council.
F.
Appeals. Appeals of a decision of the Historic Landmarks Commission to deny the designation of a City Landmark, or approve or deny a designation of a Structure of Merit may be made to the City Council in accordance with the requirements of Section 30.205.150, Appeals.
G.
City Council Public Action. All applications to consider the recommendation of Landmark designation, or appeal of a denial, or appeal of an approval or denial of a Structure of Merit, shall require public notice and hearing pursuant to Chapter 30.205, Common Procedures. The City Council may approve, modify, or disapprove the Landmark or Structure of Merit Designation. The City Council's approval, modification, or denial of the Commission's recommendation shall be based on the finding that the Landmark meets, or does not meet, the required findings for designation as specified in Section 30.157.025, above.
1.
Limits on New Evidence. The City Council
will decide the appeal in the exercise of its independent judgment
based upon the record of the proceedings of the Historic Landmarks
Commission. New evidence will not be considered unless the City Council
determines that relevant evidence exists that, in the exercise of
reasonable diligence, could not have been produced or was improperly
excluded at the hearing before the Historic Landmarks Commission.
H.
Resolution of Designation of City Landmark. Upon the City
Council's approval of a proposed Landmark designation, it shall adopt
a Resolution of Landmark Designation, and the City Clerk shall record
the resolution against the property in the Office of the Recorder,
County of Santa Barbara, within 30 calendar days of the City Council's
adoption, mailing a copy of the final recorded resolution to the property
owner(s).
I.
Resolution of Designation of Structure of Merit. Upon the
Historic Landmarks Commission's adoption of a Resolution of Designation
as a Structure of Merit (or upon a final decision of the City Council
on an appeal resulting in such designation), the City's Architectural
Historian shall record the Resolution of Designation in the Office
of the Recorder, County of Santa Barbara, within 30 calendar days
of the Historic Landmarks Commission's adoption or the City Council's
final action, mailing a copy of the final recorded resolution to the
property owner(s).
J.
A Buffer Area, as defined in Section 30.300.080.H., "B" will
serve to alert owners, planners and design review boards during the
planning and design review process of the necessity to plan to mitigate
any negative impacts a new project may have on a historic resource.
The buffer area notification will be documented on the affected properties
by the Community Development Department.
(Ord. 6006, 2021)
The Historic Landmarks Commission, through the City's Architectural Historian, shall maintain for public review, and periodically update, a Historic Resources Inventory, as defined by Section 30.300.080 "H" hereinafter "Inventory," identifying historic resources that are not designated as Landmarks, Structures of Merit or contributing to a Historic District Overlay Zone, yet qualify for historic designation as defined by this chapter. The Inventory is maintained for the purpose of clearly identifying historic resources not officially designated, yet whose preservation is important to the heritage of the community.
A.
Criteria for Inclusion. Historic resources in the Inventory
shall be identified through either a professional historical resource
survey or individual historic resource evaluation and be found historically
significant and eligible for designation as a Landmark, Structure
of Merit, or contributing resource to a historic district under the
criteria outlined in this chapter.
B.
Listing Historic Resources on the Inventory.
1.
Identification of Historic Resources. Properties may be proposed for inclusion in the Inventory in one
of the following ways:
a.
Administrative Listing. Buildings that are 50 years
old or older shall be referred to the City's Architectural Historian,
or qualified designee for a determination of whether the structure,
site, or feature may be eligible for inclusion on the Inventory list
based upon the criteria established in this chapter whenever an application
for a discretionary action, ministerial action, or building permit
application is submitted to demolish a structure or to complete exterior
alterations visible from the public right-of-way. Exterior alterations
exempt under this section include repairs that match existing and
the installation of a utility.
i.
Historic Significance. If the City's Architectural Historian finds
that the structure, site, or feature meets the criteria for historic
significance, the City's Architectural Historian will prepare a Significance
Report and add the structure, site or feature to the Inventory. The
permit application will be processed as a historic resource as outlined
in this chapter.
ii.
No Historic Significance. If the City's Architectural Historian finds
no historic significance, the structure, site or feature shall not
be listed on the Inventory and the building permit/demolition permit
application shall continue to be processed, provided the applicant
has otherwise complied with all necessary City permit or approval
submittal requirements.
b.
Results of a Professional Historic Resources Survey or Historic
Structures/Sites Report. Any individual historic resources
or historic district overlay zones found historically significant
in a Historic Resources Survey or Historic Structures/Sites Report
conducted by a qualified professional and accepted by the Historic
Landmarks Commission at a public hearing shall be added to the Inventory.
2.
Notice. The City's shall notify the
applicant and property owner(s) in writing whether the structure,
site, or feature will be added onto the Inventory.
C.
Procedure for Removing Historic Resources from the Inventory. The property owner(s) may request to be removed from the Inventory pursuant to the process outlined below. Removal of a historic resource from the Inventory may be proposed by the property owner(s), the Historic Landmarks Commission, or any interested party or entity based on evidence that the structure, site or feature does not possess, or no longer possesses, any historical significance as determined by Section 30.157.025.
1.
Notice of Public Hearing. All applications to remove a property from the Inventory shall require public notice to the owner of the property only and hearing pursuant to Chapter 30.205, Common Procedures. A proposal to remove a structure, site or feature from the Inventory shall be considered by the Historic Landmarks Commission at a noticed public hearing pursuant to this chapter.
2.
Historic Landmarks Commission Public Hearing. The City's Architectural Historian shall prepare a Significance
Report evaluating the historical integrity and ability of the structure,
site or feature to meet the criteria outlined in this chapter. To
remove the historic resource from the Inventory, the Historic Landmarks
Commission shall determine that the historic resource no longer meets
the designation criteria due to a factual finding that:
a.
There is a preponderance of new evidence demonstrating that the building,
site or feature is not historically or culturally significant;
b.
Destruction of the historic resource through a catastrophic event
has rendered the resource a hazard to the public health, safety, or
welfare; or
c.
The historic resource has been altered, demolished, or relocated
in conformance with all necessary permits.
3.
Notice of Removal. Notice of the removal
of a historic resource from the Inventory shall be mailed to the owner(s).
(Ord. 6006, 2021)
Slide Mass "C". Designated City historic resources located within the Slide Mass "C" Area, as identified in Section 22.90.050 of this Code, may be reconstructed in accordance with the latest edition of the California Historical Building Code as amended by the State of California, provided that such reconstruction is accomplished as follows:
1.
In
a manner which follows the Secretary of the Interior's Standards;
2.
In
a manner consistent with appropriate historic design review where
design approval of the historic resource is obtained from the Historic
Landmarks Commission as required by this chapter; and
3.
The
structure constituting the historic resource is never expanded in
size except for a one-time expansion not to exceed 150 net square
feet provided that such expansion is first reviewed and approved by
the Historic Landmarks Commission.
(Ord. 6006, 2021)
Historic resources, including landscape features, shall, at
all times, be preserved and maintained in good condition and repair
by the property owner, in order to preserve the historic resource
or feature against decay and deterioration. Failure to maintain or
repair such resources shall constitute a public nuisance enforceable
against the property owner under this chapter.
(Ord. 6006, 2021)
In addition to any other application requirements, an application
to demolish a historic resource shall include evidence in support
of the applicable findings required below. This may include presenting
preservation alternatives such as adaptive reuse, rehabilitation,
reconstruction or relocation.
A.
Major Alterations. A Major Alteration, as defined in Section 30.300.080 "H", Historic Resources Related Definitions, may only be approved if the Historic Landmarks Commission finds that:
B.
Minor Alterations for Landmarks, and Structures within El Pueblo
Viejo Landmark District. A Minor Alteration, as defined in Section 30.300.080 "H", Historic Resources Related Definitions, may only be approved for Landmarks, and structures within El Pueblo Viejo Landmark District, if the Historic Landmarks Commission finds that:
C.
Minor Alterations for Structures of Merit, and Resources on the Historic
Resource Inventory or Within a Historic District Overlay Zone. A Minor Alteration, as defined in Section 30.300.080 "H", Historic Resources Related Definitions, may only be approved for Structures of Merit, and resources on the Historic Resource Inventory or within a Historic District Overlay Zone, if the Historic Landmarks Commission finds that:
D.
Ordinary Maintenance. Ordinary maintenance as defined in Section 30.300.080 "H", Historic Resources Related Definitions under ordinary maintenance to a historic resource shall be approved by the City's Architectural Historian only if he or she finds that:
E.
Relocation. A proposal to relocate a historic resource, including
a landscape feature, may only be approved if the Historic Landmarks
Commission finds that:
1.
The relocation does not constitute a "substantial redevelopment"
or "demolition" as defined this chapter;
2.
The relocation does not constitute alterations that would be incompatible
with the goal of long-term preservation or enhancement of the historic
resource;
3.
The relocation will substantially aid in its long-term preservation
or enhancement as a historic resource; and
4.
The relocation is consistent with the Secretary of the Interior's
Standards.
F.
Substantial Redevelopment or Demolition of a Landmark A proposal
to substantially redevelop or demolish a Landmark may only be approved
if the Historic Landmarks Commission finds that the Landmark has been
damaged by an earthquake, fire, or other similar natural casualty
such that its repair or restoration is not reasonably practical or
feasible as supported by substantial evidence provided by at least
one qualified structural engineer or architect qualified in historic
preservation. The Historic Landmarks Commission may require, as conditions
of approval of a demolition, that the property owner(s) salvage historic
materials from the property and/or provide archival quality photo
documentation of the remaining historic materials of the structure,
site or feature to the City.
G.
Demolition of Historic Resources other than Landmarks. A proposal
to demolish a historic resource other than a Landmark may only be
approved if the Historic Landmarks Commission has made at least one
of the following findings:
1.
Specific measures have been incorporated into the project scope to
mitigate the loss of the historic resource to a less than significant
level;
2.
The historic resource has been damaged by an earthquake, fire, or
other similar casualty such that its repair or restoration is not
reasonably practical or economically feasible as supported by substantial
evidence provided by at least one qualified structural engineer or
architect qualified in historic preservation. The Historic Landmarks
Commission may require, as conditions of approval of a demolition,
that the property owner(s) salvage historic materials from the property
and/or provide archival quality photo documentation of the remaining
historic materials of the structure, site or feature to the City;
3.
Preservation of the historic resource is not economically feasible
or practical, or no viable measures could be taken to adaptively use,
rehabilitate, or restore the historic resource as supported by substantial
evidence provided by at least one qualified historic preservation
specialist, structural engineer (qualified in historic preservation),
or architect (qualified in historic preservation) sufficient to warrant
demolition; or
4.
A compelling public interest justifies demolition.
(Ord. 6006, 2021)
A.
Legislative Intent - Administrative Regulations. In enacting
this section, the City Council seeks to adopt a City program of incentives
to encourage the maintenance and preservation of historic resources
within the City of Santa Barbara. In order to carry out this program
more effectively and equitably and to further the purposes of this
section, the Council may also, by resolution, supplement these provisions
by adopting administrative regulations and standardized forms for
a broad City program of economic and other incentives intended to
support the preservation, maintenance, and appropriate rehabilitation
of the City's significant historic resources.
B.
Preservation Incentives Under the State Mills Act - Government Code
Sections 50280-50290. Preservation incentives may be made available
by the City to owners of properties that are Qualified Historic Properties
(as that term is used by Government Code Section 50280.1) such as
individually designated City Landmarks or Structures of Merit or those
properties that are deemed to contribute to designated City Landmarks
or Historic Districts (or Districts listed in the National Register).
C.
Qualified Historic Property Mills Act Contracts.
1.
Purpose.
a.
The purpose of this section is to implement state Government Code
Sections 50280 through 50290 in order to allow the City approval of
Qualified Historic Property Contracts by establishing a uniform City
process for the owners of qualified historic resource properties within
the City to enter into Mills Act contracts with the City.
b.
The City Council finds and determines that entering into Qualified
Historic Property Contracts, as hereinafter provided, is an incentive
for owners of designated historic resources to rehabilitate, maintain,
and preserve those properties.
c.
The City Council further finds that, in some instances, the preservation
of these properties will assist in restoring, maintaining, and preserving
the City's existing stock of affordable housing and support the goals
and objectives in the Historic Resources Element of the General Plan
concerning the preservation of historically and architecturally significant
residential structures.
2.
Limitations on Eligibility for a Mills Act Contract.
a.
In approving this program, it is the intent of the City Council that
unrealized revenue to the City from property taxes not collected due
to executed Qualified Historic Property Contracts shall not exceed
a total annual amount (including total individual amounts for any
one historic property), as such amounts are established by a resolution
of the City Council, unless exceeding this limit is specifically approved
by the Council.
b.
In furtherance of this policy, Qualified Historic Property Contracts
shall be limited to a maximum number of contracts each year consisting
of a certain number of residential properties each year and a certain
number of commercial or industrial properties each year, unless the
City Council approves additional contracts beyond the established
limits as such amounts are established by a resolution of the City
Council. In addition, no single-unit residence approved for a City
contract pursuant to this section may have an assessment value in
excess of an amount established by the City Council nor may the assessed
value of any non-single unit residential property (i.e., a multi-unit
residential, or nonresidential property) exceed an amount established
in the City Council's resolution.
c.
For the purpose of this subsection C.2, assessed valuation does not
include any portion of the value of a mixed-use structure which is
already exempt from payment of property taxes by a determination of
the County Assessor in compliance with Sections 4(b) and 5 of Article
XIII of the California Constitution, and Sections 214, 254.5, and
259.5 of the Revenue and Taxation Code.
3.
Required Provisions of Qualified Historic Property
Contracts.
a.
Mills Act Provisions Required. The required provisions
of a Qualified Historic Property Contract between the City and the
property owner shall be those required by State law (Government Code
Sections 50281 and 50286) expressly including the following specifications:
i.
Term. The contract shall be for the minimum 10-year term, with automatic
renewal by either the City or the property owner on the anniversary
of the contract date in the manner provided in Government Code Section
50282.
ii.
Restoration and Maintenance Plan; Standards. The fundamental purpose
of the contract will be an agreement to assist the property owner
in the owner's restoration, maintenance, and preservation of the qualified
historic resource; therefore, the plan for restoration and maintenance
of the property required by the contract shall conform to the rules
and regulations of the State of California Office of Historic Preservation
(California Department of Parks and Recreation), the Secretary of
the Department of the Interior's Standards, and the State Historical
Building Code.
iii.
Verification of Compliance with Plan. The real property owner
will expressly agree in the contract to permit periodic examination
of the interior and exterior of the premises by the County Assessor,
the City Community Development Director, the State Department of Parks
and Recreation, and the State Board of Equalization, as may be necessary
to verify the owner's compliance with the contract agreement, and
to provide any information requested to ensure compliance with the
contract agreement.
iv.
Property Visible from Street. The real property owner will expressly
agree and the plan shall provide that any fencing or landscaping along
the public right-of-way frontages of the real property will be placed
such that it allows the home or building to be visible to the public
from the public rights-of-way.
v.
Recordation of Contract. The contract shall be recorded by the Santa
Barbara County Recorder's Office and shall be binding on all successors-in-interest
of the owner with respect to both the benefits and burdens of the
contract.
vi.
Procedure for Non-Renewal. The procedure for notice of non-renewal
by the owner or the City shall be as identified in State law (Government
Code Section 50282 (a), (b), and (c), and Section 50285).
vii.
Annual Report Required. The contract shall require the real
property owner to file an annual report, initially, on the program
of implementing the plan or restoration or rehabilitation until that
has been completed to the satisfaction of the Community Development
Director, and thereafter, on the annual maintenance of the property,
which report may require documentation of the owner's expenditures
in restoring, rehabilitating, and maintaining the Qualified Historic
Property.
viii.
Cancellation of Contracts. The contract shall expressly provide
for the City's authority to cancel the contract if the City determines
that the owner has breached the contract either by his or her failure
to restore or rehabilitate the property in accordance with the approved
plan or by the failure to maintain the property as restored or rehabilitated.
The manner of cancellation shall be as set forth in Government Code
Sections 50285 and 50286.
b.
Breach of Contract. Additionally, the contract shall
state that the City may cancel the contract if it determines that
the owner has breached any of the other substantive provisions of
the contract or has allowed the property to deteriorate to the point
that it no longer meets the significance criteria under which it was
originally designated.
c.
Cancellation Fee. The contract may also provide
that if the City cancels the contract for any of the reasons outlined
in this chapter, the owner shall pay the State of California a cancellation
fee of 12.5% of the full value of the property at the time of cancellation,
as determined by the County Assessor, without regard to any restriction
on the property imposed by the Historic Property Contract.
d.
Force Majeur Cancellations. The contract shall require
that in the event preservation, rehabilitation, or restoration of
the Qualified Historic Property becomes infeasible due to damage caused
by natural disaster (e.g., earthquake, fire, flood, etc.), the City
may cancel the contract without requiring the owner to pay the State
of California the above-referenced cancellation fee as a penalty.
However, in this event, a contract may not be cancelled by the City
unless the City determines, after consultation with the State of California
Office of Historic Preservation, in compliance with Public Resources
Code Section 5028, that preservation, rehabilitation, or restoration
is infeasible.
e.
Standard Contract. The City Community Development
Department shall prepare and maintain a sample Historic Property Contract
with all required provisions specified by this subsection C.3.
4.
Procedures for Application for and Approval of Historic
Property Contracts.
a.
An owner of a qualified historic property (as listed in subsection B of this section) may file an application for entering a Historic Property Contract with the City.
b.
Each application shall be accompanied by a complete legal description
of the property.
c.
Each application shall be accompanied by a scope of work for the
restoration or rehabilitation of the property.
d.
In January of each year, the City may notify the owners of qualified
historic properties of the period of application for and process for
City Historic Property Contracts for that calendar year.
e.
Application forms, as prescribed by the City, shall be provided to
any property owner who requests the application forms.
f.
Upon submission of an application and the plan for restoration or
rehabilitation of the property, the application and plan shall be
reviewed for completeness by the City's Architectural Historian within
60 calendar days of the submission. In connection with this review,
the Architectural Historian shall complete an initial inspection of
the Qualified Historic Property, obtain photo documentation of the
existing condition of the property, and use the inspection information
to revise the plan for restoration or rehabilitation where necessary.
g.
All applications and plans for restoration or rehabilitation deemed
complete and acceptable to the City's Architectural Historian shall,
within 60 calendar days of being deemed complete, be submitted to
the Commission. Such application and plans shall be evaluated by both
the City's Architectural Historian and the Commission for compliance
with established City criteria that will include, but not be limited
to, the following findings:
i.
The plan will substantially contribute to the preservation of a historic
and unique City resource which is threatened by possible abandonment,
deterioration, or conflicting regulations, and it will enhance opportunities
for maintaining or creating affordable housing, or it will facilitate
the preservation and maintenance of a property in cases of economic
hardship.
ii.
The plan will support substantial reinvestment in a historic resource
and rehabilitation of a historic structure in the expanded State Enterprise
Zone and other areas where the City is concentrating resources on
facade improvements, home rehabilitation, or similar revitalization
efforts.
iii.
The Community Development Director has certified that the property
does not now consist of any unpermitted or unsafe construction or
building elements, is not the subject of a pending City code enforcement
matter, and is current on the payment of all property taxes.
iv.
Any new construction will not impact the eligibility for the structure
to qualify as a Qualified Historic Resource, as that term is used
in the Mills Act.
h.
Upon completion of the Commission review of the application and plan,
the Commission shall make a recommendation to the Community Development
Director for City approval or disapproval of the contract.
i.
If an application is recommended for approval by the Commission,
the City shall prepare a contract according to its standard contract
form, which shall be deemed to have all provisions necessary for a
Historic Property Contract with the City.
j.
Additional provisions in the Contract desired by the owner shall
be subject to approval by the Community Development Director or, when
determined appropriate by the Community Development Director, by the
City Council and as to form by the City Attorney in all cases.
k.
The City Finance Director shall determine that the proposed contract
does not cause the total annual revenue loss to the City to exceed
the amounts established by resolution for this program by the City
Council, both collectively and for individual properties.
l.
Upon approval of the contract by the Finance Director, the contract
signed by the property owners shall be submitted to the City Clerk,
City Administrator and City Attorney for execution of the contract
on behalf of the City and for recordation by the City Clerk's Office,
m.
Historic Property Contracts that exceed the limits identified in
this section shall only be approved and executed after and upon the
express approval of the City Council.
(Ord. 6006, 2021)
A.
Misdemeanor. Any person who violates a requirement of Chapters 30.220, 30.157, 30.57, and 30.237 fails to obey an order issued by the Historic Landmarks Commission, or City Council pursuant to these chapters, or fails to comply with a permit condition of approval issued under these chapters shall be guilty of a misdemeanor.
B.
Nature of Violation/Moratorium. Any substantial alteration,
demolition by neglect or demolition of a designated Landmark, Structure
of Merit, contributing resource, historic resource listed on the City's
Historic Resources Inventory or historic resources being reviewed
in a survey, or historic resources located within a Landmark or Historic
District in violation of these chapters, is expressly declared to
be a public nuisance and, to the fullest extent possible, shall be
abated by restoring or reconstructing the historic resource to is
original condition as it existed prior to the violation. In the case
of alteration, demolition by neglect or demolition of any historic
resource described herein, the Community Development Director is hereby
authorized to issue a temporary moratorium for the development of
the subject property upon which such historic resource, prior to its
demolition, was located for a period not to exceed 60 months (five
years).
C.
Civil Penalties. Any person or entity who alters, demolishes by neglect or demolishes those items stated in subsection B, above, in violation of these chapters, shall be liable for a civil penalty. In the case of demolition or demolition by neglect, the civil penalty shall be equal to one-half the fair market value of the structure prior to the demolition. In the case of alteration, the civil penalty shall be equal to one-half the cost of restoration of the altered portion of the historic resource based on an estimate obtained by the City at the cost of the offender. Once the civil penalty has been paid, building and construction permits and/or a Certificate of Occupancy may be issued. This penalty is in addition to, and not in lieu of, the moratorium set forth in subsection B, above.
D.
Other Remedies. 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 the historic resource demolished, partially demolished, altered, or partially altered in violation of this chapter. The City Attorney may also pursue any other action or remedy authorized under the Santa Barbara Municipal Code, State law, and/or in equity for any violation of Chapters 30.220, 30.157, 30.57, and 30.237. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty or other remedy provided by law.
E.
Continuing Violation. In accordance with Section 1.28.050, violations of Chapters 30.220, 30.157, 30.57, and 30.237 are deemed continuing violations and, each and every day a violation continues, is deemed to be a new and separate offense subject to a maximum civil penalty for each and every offense.
(Ord. 6006, 2021)
