New Neighborhood Voice

November 2, 2003

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Comparison of Historic Preservation Policy Area
with Current and Proposed Santa Clara County
Requirements and Codified Requirements of
 Other Jurisdictions in Northern California

Table 1 - Good Repair and Penalties/Enforcement

Table 1 (Below) - Good Repair and Penalties/Enforcement
Table 2 - Designation, Classification/Criteria and Initiation
Table 3 - Types of Actions Reviewable by Commission

Jurisdictions Covered in Tables

Current Santa Clara County Regulations
Proposed Santa Clara County Historic Preservation Ordinance
State Historic Preservation Office Requirements
City of San Jose (ordinance adopted in 1975)
Town of Danville (ordinance adopted in 1993)
City of Davis
City of Eureka (ordinance adopted in 1997)
City of Fresno (ordinance adopted 1999)
Town of Los Gatos (ordinance adopted in 1998)
County of Monterey (ordinance adopted in 2000)
City of Sacramento (ordinance adopted in 2001)
County of Santa Cruz (ordinance adopted in 2000)

Provided to NNV 10/24/03 by Dana A. Peak, Historical Heritage Coordinator, Santa Clara County Planning Office, 70 West Hedding Street, East Wing - 7th floor, San Jose, CA 95110, Voice: (408) 299-5798, Fax: (408) 288-9198, E-mail: dana.peak@pln.co.scl.ca.us, Website: www.sccplanning.org 

Jurisdiction

Good Repair

Penalties/Enforcement

Current Santa Clara County Regulations

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 No provisions
Standard Santa Clara County building code applies.		 No provisions
Standard Santa Clara County code applies.

Proposed Santa Clara County Historic Preservation Ordinance

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 DUTY TO KEEP IN GOOD REPAIR
The owner, person or persons having legal custody and control of a designated cultural resource should keep free from any structural defects and in good repair all of the exterior portions, and all interior portions thereof, whose maintenance is necessary to prevent deterioration and decay of such designated cultural resource as determined by the building official.

ENFORCEMENT AND PENALTIES
No person shall violate any provision of this chapter without being subject to the following penalties.

  1. Any person or entity which violates the provisions of this ordinance is guilty of a misdemeanor.

  2. Any violation of the provisions of this chapter may be liable civilly in a sum equal to the replacement value of the landmark or heritage property or an amount in the court's discretion, not to exceed $200,000.
  3. Any action or development undertaken without the issuance of a certificate of appropriateness or in violation of the terms and conditions of a certificate of appropriateness may be subject to a stop work notice issued by the building official. Failure to stop work after issuance of a stop work notice shall constitute a misdemeanor.
  4. A court may order injunctive relief to restrain, enjoin or cause correction or removal of any violation of this chapter.
  5. Remedies under this article are cumulative and do not supersede or limit any and all other remedies, civil or criminal. Judgment or settlement shall include reasonable expenses including attorney's fees, as determined by the court, incurred in the investigation and prosecution of the action.
  6. No further development of a lot which is the site of alteration or demolition of a landmark or heritage property in violation of this chapter shall be permitted in excess of the floor area extant at the time of violation, or the dwelling unit density, for a period of five (5) years from the unlawful alteration or demolition. A person or entity may be relieved of the penalties with regard to alteration provided in this subsection if the landmark or heritage property is restored to its original distinguishing qualities and character existing prior to the violation as determined by the planning director.
  7. Any person or entity which violates the provisions of this chapter relating to heritage trees shall incur a civil penalty in an amount from ten thousand dollars ($10,000) to two hundred thousand dollars ($200,000) per heritage tree cut, destroyed, killed, removed or adversely pruned. The amount of the fine shall take into account whether the removal was intentional and whether the trees were rare, ancient, of exceptional size or age, or of exceptional historical significance to the community. In addition, any person or entity which violates the provisions of this chapter relating to heritage trees shall incur a criminal penalty in an amount from ten thousand dollars ($10,000) to two hundred thousand dollars ($200,000) per heritage tree cut, destroyed, killed, removed or adversely pruned which causes injury to the heritage tree.

  8. Civil fines collected for violations of this ordinance shall be placed in a trust(s) fund to be utilized for cultural resource and tree protection, and educational purposes at the direction of the board of supervisors.

State Historic Preservation Office Requirements

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 Recommends some type of provisions as part of an enforcement component (determined by the local government) Recommends some type of enforcement component (determined by the local government)

City of San Jose
(ordinance adopted in 1975)

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 Standard municipal code applies. Penalties for violations are pursued through the municipal code.

Town of Danville
(ordinance adopted in 1993)

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 MAINTENANCE
The owner and tenant of a designed heritage resource shall keep and maintain in good condition and repair all interior portions whose maintenance is necessary to prevent deterioration and decay of an exterior feature.

VIOLATION
Violation is an infraction punishable as set forth in the Municipal Code.
ENFORCEMENT
The building officer shall have the authority to implement the enforcement of this section by any of the following means: 

  1. Entering an improvement as provided by law for the purposes of investigation and inspection; 

  2. Serving notice requiring the removal of any violation of this section upon the owner, agent or occupant of the improvement; 

  3. Calling upon the Town Attorney to institute any necessary legal proceeding.

City of Davis

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DUTY TO KEEP IN GOOD REPAIR
The owner, lessees and any other person in actual charge or possession of a historical resource or an outstanding historical resource shall take steps necessary to prevent:

  1. The substantial deterioration or decay of any exterior portion of such a resource or improvement.
  2. The substantial deterioration or decay of any interior portions thereof whose maintenance is necessary to preserve any exterior portion.
 ENFORCEMENT
Any person who violates a requirement of this article or fails to comply with a condition of approval of any permit issued pursuant to this article shall be subject to the enforcement provisions set forth in article 40.38 of this code (reference to alternate section in municipal code).

City of Eureka
(ordinance adopted in 1997)

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 Any structure on a designated property which is the subject of an outstanding order to abate a substandard condition pursuant to City Building Code, is hereby declared to be a nuisance. Any person aggrieved by such a nuisance may bring an independent civil action against the owner of the designated property for all appropriate relief including damages, costs and attorneys' fees. Every day of such interference is a separate and distinct nuisance. DENIAL OF PERMITS AS REMEDY
In addition to all penalties otherwise provided by this code or other applicable law, in the event of a demolition in violation of this chapter, building, zoning and/or use permits may be denied for the affected property for a period not to exceed 5 years.

City of Fresno
(ordinance adopted 1999)

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MINIMUM MAINTENANCE
All designated Historic Resources shall be preserved against decay and deterioration, kept in a state of good repair and free from structural defects. The purpose of this section is to prevent an owner or other person having legal custody and control over a property from facilitating demolition of a Historic Resource by neglecting it and by permitting damage to it by weather and vandalism.

Consistent with all other state and city codes requiring that buildings and structures be kept in good repair, the owner or other person having legal custody and control of the property shall repair such building or structure if it is found to have any of the following defects:

  1. Buildings elements so attached that they may fall and injure members of the public or property;
  2. Deteriorated or inadequate foundation;
  3. Defective or deteriorating flooring.
  4. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.
 CIVIL AND CRIMINAL PENALTIES
It shall be unlawful for any person to permit or maintain violations of any of the provisions of this article by undertaking the alteration, grading, removal, demolition or partial demolition of an Historic Resource or a building, structure, object or site within a Historic District without first obtaining the written approval of the Specialist, Commission or Council as provided in this article, or to defy any order or decision rendered by the Specialist, Commission or Council. Any violations of this article may be enforced as provided in this Code, except in the case of administrative citations issued pursuant to this code, wherein the administrative penalty imposed shall be up to $10,000 for each violation. As part of any enforcement proceeding, violators may be required to reasonably restore the building, structure, object or site to its appearance or condition prior to the violation, under the guidance of the Development Department.

Town of Los Gatos
(ordinance adopted in 1998)

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 DUTY TO KEEP IN GOOD REPAIR
The owner, lessee, and any other person in actual charge or possession of a pre-1941 structure, designated landmark or structure in the LHP or landmark and historic preservation overlay zone shall keep all the exterior portions in good repair as well as all of the interior portions which are subject to control by the terms of the designating ordinance, and all portions whose maintenance is necessary to prevent deterioration or decay of an exterior portion.		 Standard town code applies.

County of Monterey
(ordinance adopted in 2000)

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 DUTY TO KEEP IN GOOD REPAIR
The owner or the occupant of an historic resource should keep in good repair all of the exterior portions of such structure and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.		 Standard County code applies.

City of Sacramento
(ordinance adopted in 2001)

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MINIMUM MAINTENANCE REQUIREMENTS
The owner, lessee or other person legally in possession of a Listed Resource shall comply with all applicable codes, laws and regulations governing the maintenance of property. Additionally, it is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of Listed Historic Resources and the interior portions thereof when such maintenance is necessary to prevent deterioration and decay of the exterior. Listed Historic Resources shall be preserved against such decay and deterioration and shall remain free from structural defects through prompt corrections of any of the following defects:

  1. Facades which may fall and injure members 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 ceiling, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration;
  4. Deteriorated or ineffective waterproofing or 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 other protective covering;
  6. Any fault or defect in the building which renders it not property watertight or structurally unsafe.
 ENFORCEMENT AND PENALTIES
The Code Enforcement Manager and Building Official, and designees, are hereby authorized to enforce the provisions of this Chapter, and, in addition to all other powers available to them, are specifically authorized to utilize the provisions of Chapter 1.28 of Title 1 of the Sacramento City Code in the enforcement of this Chapter. The City Attorney is authorized to take such legal actions are lawfully available, including but not limited to the remedies set forth in Chapter 1.28 of Title 1 of the City Code.

No person shall cause, willfully or otherwise, by action or inaction, alteration of, environmental change to, damage to or demolition of any significant feature(s) or characteristics of a Landmark or other Listed Historic Resource or National Register Resource or California Register Resource without first having obtained a proper City authorization for the same.

  1. For the purposed of this Chapter, each daily violation shall be considered a new and separate offense.
  2. Willful violation of this Chapter shall constitute a misdemeanor.

The penalties provided for in this Chapter are designated as non-exclusive and are in addition to any other remedies the City may have.

 

County of Santa Cruz
(ordinance adopted in 2000)

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 Standard County code applies. ENFORCEMENT
A. Criminal Enforcement.
Any person who violates any provision of this chapter is guilty of a misdemeanor, the penalty for which is set forth in County code Section 1.12.030.

B. Civil Enforcement.

1. Civil Fines

  1. Any person who negligently violates any provision of this chapter is liable to the County of Santa Cruz in a sum not to exceed $250 per day for each day in which the violation occurs.
  2. Any person who intentionally violates any provision of this chapter is liable for a civil penalty to the County of Santa Cruz for a sum not less than $500 nor more than $5,000 for each day in which such violation occurs.
  3. Any person who intentionally demolishes or substantially destroys an historical resource in violation of any provision of this chapter is liable for a civil penalty to the County for a sum not less than $1,000 nor more than $10,000.
  4. Any civil action filed pursuant to this chapter shall be brought by the District Attorney or County Counsel. In any civil action filed pursuant hereto in which the County prevails, the person against whom judgment is rendered shall also be liable for reasonable expenses including attorney's fees, as determined by the court, incurred by the County in the investigation and prosecution of the action.
  5. Civil fines collected for violations of this ordinance shall be placed in a trust fund to be utilized for historic resource protection and education purposes at the direction of the Board of Supervisors.

2. Equitable Relief.

3. Effect on Related Permit Application.
No permit shall be issued to an applicant, owner or property as to whom or which a violation of this Chapter exists until such violation is corrected or unless the permit sought is for a project which includes correction of such violation.

4. Permit Revocation.
Any permit granted may be revoked on the basis of a related violation of this Chapter by the permit holder or his/her agent, all in accordance with the Permit Revocation provision of the Santa Cruz County Code.

5. Recording Notice of Violation.

C. Determination of Penalties.
In determining both the civil and criminal penalties imposed pursuant to this article, the court shall consider all relevant circumstances, including, but not limited to, the impact on the County Historic Resource caused by the violation, the nature and extent of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person who cause the violation.

D. Other Remedies Unimpaired.
Remedies under this article are in addition to and do not supersede or limit any and all other remedies, civil or criminal.

For more information on local ordinances: http://ohp.parks.ca.gov/default.asp?page_id=1243 

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Copyright© 2003 by Judy Thompson.  All rights reserved.