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The owner, lessee or other person legally in possession of a designated cultural resource or contributing resource shall comply with all applicable codes, laws, and regulations governing the maintenance of a subject property. Additionally, it is the intent of the ordinance codified in this chapter to preserve from deliberate or inadvertent neglect the exterior features of designated cultural resources or contributing resources, and the interior portions thereof when such maintenance is necessary to prevent deterioration and decay of the exterior. Designated cultural resources and contributing resources shall he preserved against such decay and deterioration and shall remain free from structural defects through prompt corrections of any of the following defects:
A. Facades which could fall and cause injury to people or property:
B. Deteriorated or inadequate foundations, defective or deteriorated flooring or floor supports, deteriorated wall or other vertical structural supports;
C. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective materials or deterioration;
D. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors;
E. Defective or insufficient weather protection for exterior wall coverings, including lack of paint or other protective covering; and/or
F. Any fault or defect in the building which renders it not properly watertight or structurally unsafe.
(Ord. 237 (part), 2001)
The HPAC, with city council approval, is authorized to develop and implement preservation incentive programs that are consistent with the ordinance codified in this chapter. These shall include, but are not limited to. the following:
A. State Historical Building Code.
The building and safety division is authorized to use and shall use the state Historical Building Code for projects involving designated cultural resources or contributing resources. The HPAC is authorized and shall use the state historical building code for projects subject to review under the ordinance codified in this chapter.
B. Mills Act Contracts.
1. Mills Act contracts granting property tax relief shall be made available by the city of Murrieta only to owners of locally designated cultural resources or contributing resources, as well as properties that are listed in the California Register of Historic Places or the National Register of Historic Places. Properties that have been previously listed on the above-named registers but that have been removed and are no longer listed shall not be eligible for a Mills Act contract with the city.
2. Mills Act contracts shall be made available pursuant to California law. The community services department shall make available appropriate Mills Act application materials.
3. Mills Act contract applications shall be submitted to the community services department, which shall within sixty (60) days of receipt of a completed application, prepare and make recommendations on the content of the contract for consideration by the city council. A fee for the application to cover all or portions of the costs of the preparation of the contract in the amounts set by city council resolution may be charged.
4. The city council shall, in public hearing, resolve to approve, approve with conditions. or deny the proposed contract. Should the council fail to act on the proposed contract within one year of the receipt of the proposal, the proposal shall be deemed eligible.
5 . A Mills Act contract application that has been denied by the city council cannot be resubmitted for one year from the date of city council action.
(Ord. 237 (part), 2001)
The decision of the city council under the ordinance codified in this chapter shall be subject to reconsideration within the time limit often days after the issuance of the council's notice of decision and findings, provided new information not previously heard can be presented. Under such conditions, the city council may reverse a previous decision.
A. Finality of City Council Decisions.
Any decision or order of the city council under the ordinance codified in this chapter shall become final if no re-consideration is taken from such decision or ordered within the time limits prescribed by the applicable reconsideration provisions of the ordinance codified in this chapter. No permit regulated by the provisions of the ordinance codified in this chapter shall issue, nor shall any rights therein vest, until the decision of the city council is final or any appeal therefrom is disposed of in the manner prescribed by the ordinance codified in this chapter.
B. Requesting Reconsideration of City Council Actions.
Except as expressly provided herein, any person dissatisfied with any decision of the city council may request a reconsideration of the decision to the council, provided previously unheard information can be presented not later than ten days after the issuance of the council's notice of decision and findings. Such a request for reconsideration is made by tiling a notice of reconsideration with the community services department and paying a fee as established by the city council. Upon receipt of a timely request for reconsideration, the community services department shall forthwith transmit all papers and documents on file relating to the request. Written notice of the hearing before the city council shall be provided at least seven days prior to the hearing.
(Ord. 237 (part), 2001)
A. Any person who violates a requirement of the ordinance codified in this chapter or fails to obey an order issued by the city or comply with a condition of approval of any certificate or permit issued under the cultural re-source preservation ordinance shall be subject to the penalty provisions as set forth in the city of Murrieta municipal code.
Any person who willfully and unlawfully relocates, demolishes or alters a designated cultural resource shall be subject to either a one hundred fifty thousand dollar ($150,000) fine or shall pay the appraised market value of the subject property as determined by a third party appraisal. whichever is greater. The amount of the one hundred fifty thousand dollar ($150,000) fine shall be reviewed every twenty-four (24) months for adequacy and shall be tied to the CPI for Southern California or its succeeding index.
Any person who willfully and unlawfully relocates. demolishes or alters a contributing resource or a cultural re-source included in the Murrieta historical resources inventory, shall be subject to a ten thousand dollar ($10,000) fine or a fine of ten percent of the appraised land and building values as determined by a third party appraisal. Any action to enforce these provisions shall be brought by the city or any other interested party. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution, penalty and other remedy provided by law.
B. Applicable Mitigation Measures for Projects Impacting Historic Resources Under CEQA.
Any cultural or archaeological resource identified in the course of planning for a development project under the terms of the development code shall be subject to review under the California Environmental Quality Act (CEQA). In the event a new project is found to create significant impacts to cultural or archaeological resources. one or more of the following mitigation measures shall be enforced:
1. The cultural or archaeological resource shall be preserved and impacts shall be eliminated through avoidance.
2. Impacts to the cultural or archaeological resource shall be avoided through redesign of the project.
3. Impacts shall be reduced to below a level of significance by relocating the resource off-site.
4. Impacts shall be reduced to below a level of significance by the thorough documentation and/or interpretation of a resource prior to its demolition.
5. The applicant shall pay in-lieu fees for the demolition of the resource.
C. Use of Funds Collected from Fines, Penalties, or Fees.
All funds collected either from tines, penalties, or fees shall be deposited into a cultural resource preservation fund to be used, as available, exclusively for:
1. Rehabilitation or preservation of designated cultural resources or contributing resources in the city of Murrieta.
2. Purchase of component parts necessary for the rehabilitation or preservation of designated cultural re-sources or contributing resources in the city of Murrieta.
3. Purchase of designated cultural resources or contributing resources in the city of Murrieta.
4. Maintenance of designated cultural resources or contributing resources in the city of Murrieta.
5. Costs associated with designated cultural resource or contributing resource relocation.
6. Educational programs including school programs, education exhibits and materials, and creation and maintenance of a historic museum.
(Ord. 237 (part). 2001)