A. Demolition of any structure prior to the issuance of a demolition permit is unlawful and a violation of this chapter. Any person, firm or corporation committing such an unlawful act, or allowing such an unlawful act to occur, shall be subject to the penalties as prescribed by law and this Code.
B. In addition to any other remedies provided herein, any violation of this chapter may be enforced by civil action brought by the City. Remedies under this chapter are in addition to, and do not supersede or limit, any and all other civil or criminal remedies. The remedies provided for herein are cumulative and not exclusive. In any such action, the City may seek as appropriate, any or all of the following remedies:
1. A temporary or permanent injunction, or both;
2. Assessment of the violator for the costs of any investigation, inspection or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection; and
3. Assessment of the violator of civil penalties pursuant to Chapter 1.22 of this Code.
C. In addition to any other remedies provided herein, in the event a designated historic resource, a resource pending designation as a historic resource, or an eligible historic resource, is completely or partially demolished in violation of this chapter, as a penalty no building or construction related permits shall be issued for the property upon which the demolition took place for a period of three (3) years from the date of demolition. Said penalty shall be issued and enforced either by the City Council following a public hearing, or by a civil action filed by the City Attorney and adjudicated by a court of competent jurisdiction. The City shall also record an instrument imposing covenants on real property with the county of San Bernardino that memorializes the time period during which permit issuance is prohibited. A demolition shall be presumed to have occurred on the date the City had actual knowledge of the demolition.
D. In addition to any other remedies provided herein, any property that remains undeveloped pursuant to this section shall be maintained in such a manner so as to not constitute a public or private nuisance, or otherwise violate this Code. The property shall be maintained in a clean and orderly manner free of junk, trash, debris, litter, abandoned or inoperable vehicles, stagnant water, abandoned excavations, appliances and furniture, storage containers, vegetation that is not in a healthy or living state, and overgrown vegetation. Living vegetation, including trees and shrubs, shall be retained and fully maintained, including necessary watering and trimming, during the construction prohibition period. Living grasses and groundcovers shall also be retained and fully maintained and new grass and/or groundcover shall be planted at any areas of bare soil to control dust and erosion. All grasses and groundcovers shall not exceed an overall height of six (6) inches. Additionally, vehicles of any type shall not be parked or stored on the property and no remunerative use of any kind shall be allowed.
E. In addition to any other remedies provided herein, in the event a designated historic resource, a resource pending designation as a historic resource, or an eligible historic resource is completely demolished in violation of this chapter, any new buildings or structures proposed for construction on the site after the expiration of the construction permit ban set forth in this section shall be limited to the same footprint, height, and square footage as the demolished buildings or structures. The foregoing notwithstanding, the City's Director shall have discretion to allow deviations from this provision to cure prior non-conforming conditions and to make changes that would benefit the community in order to achieve compliance with the design review guidelines described in Chapter 2.62 of this Code, and with this chapter. In the event the owner of a designated historic resource, a resource pending designation as a historic resource, or an eligible historic resource that was completely demolished applies to subdivide the property into two (2) or more lots, and proposes to build two (2) or more buildings or structures, after the expiration of the construction permit ban set forth in this section, the application shall be considered under Title 17 of this Code. Provided, however, at least one of the structures shall be limited to the same footprint, height and square footage as the demolished buildings or structures. The design of the remaining one (1) or more structures shall be considered based on the City's design review standards and guidelines.
F. In addition to any other remedies provided herein, in the event a designated historic resource, a resource pending designation as a historic resource, or an eligible historic resource is partially demolished through removal of one or more character defining features in violation of this chapter, the missing features shall be reconstructed and/or replaced in kind to match the original in terms of size, proportions, design, details, materials, and overall appearance. In the event that aspects of the original features cannot be discerned through documentary and/or physical evidence, the City's Director shall determine the preferred method of reconstruction or replacement. (Ord. 2899 §5, 2019)