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Applications to San Diego County shall be initially evaluated and reviewed by the San Diego County Historic Site Board. The Historic Site Board shall hold a public hearing on every application for a Historic Preservation Contract. The public hearing shall be scheduled for a date not less than 10 days but not more than 90 days from the date the application is filed. After the hearing, the Historic Site Board shall recommend to the Director of Planning and Development Services that the application be denied, granted in whole or in part, or modified subject to such conditions as it deems appropriate. The Director of Planning and Development Services shall enter into historical property contracts if all of the conditions of this Ordinance are met. The Director of Planning and Development Services shall be responsible for assuring performance of the Historical Preservation Contracts including contract administration, extension, cancellation, and enforcement.
(Added by Ord. No. 9425 (N.S.), effective 2-15-02; amended by Ord. No. 10223 (N.S.), effective 10-25-12)
The decision of the Director of Planning and Development Services may be appealed to the Board of Supervisors within ten days. Hearings before the Board of Supervisors shall be scheduled by the Clerk of the Board of Supervisors for a date not less than 10 days but not more than 90 days from the date the appeal is filed.
(Added by Ord. No. 9425 (N.S.), effective 2-15-02; amended by Ord. No. 10223 (N.S.), effective 10-25-12)
An application for an Historic Preservation Contract shall be accompanied by an application and processing fee in the amount identified in Section 362.1 of this Code.
(Added by Ord. No. 9425 (N.S.), effective 2-15-02; amended by Ord. No. 9628 (N.S.), effective 3-26-04)
(a) Each contract shall provide that on the anniversary date of the contract or such other annual date as is specified in the contract, a year shall be added automatically to the initial term of the contract unless notice of nonrenewal is given as provided in this section. If the property owner or the County desires in any year not to renew the contract, that party shall serve written notice of nonrenewal of the contract on the other party in advance of the annual renewal date of the contract. Unless the notice is served by the owner at least 90 days prior to the renewal date or by the County at least 60 days prior to the renewal date, one year shall automatically be added to the term of the contract.
(b) Upon receipt by the owner of a notice from the County of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The County may, at any time prior to the renewal date, withdraw the notice of nonrenewal.
(c) If the County or the owner serves notice of intent in any year not to renew the contract, the existing contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the contract, as the case may be.
(d) The owner shall furnish the County with any information the County shall require in order to enable it to determine the eligibility of the property involved.
(e) No later than 20 days after the County enters into a contract with an owner pursuant to this article, the Clerk of the Board of Supervisors shall record with the County Recorder a copy of the contract, which shall describe the property subject thereto. From and after the time of the recordation, this contract shall impart a notice thereof to all persons as is afforded by the recording laws of this state.
(Added by Ord. No. 9425 (N.S.), effective 2-15-02)
The County may cancel a contract if it determines that the owner has breached any of the conditions of the contract provided for in this article or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historical property. The County may also cancel a contract if it determines that the owner has failed to restore or rehabilitate the property in the manner specified in the contract.
(Added by Ord. No. 9425 (N.S.), effective 2-15-02)
No contract shall be canceled under Section 88.13 until after the County has given notice of, and has held, a public hearing on the matter. Notice of the hearing shall be mailed to the last known address of each owner of the qualified historic property and shall be published pursuant to California Government Code Sections 6060 and 6061.
(Added by Ord. No. 9425 (N.S.), effective 2-15-02)
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