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)