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None of the provisions of this Article 10 shall be construed to prevent any measures of construction, alteration, or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the Director of the Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety, and where the proposed measures have been declared necessary by such official to correct the condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition may be performed pursuant to this Section. In the event any structure or other feature shall be damaged by fire, or other calamity, or by Act of God or by the public enemy, to such an extent that in the opinion of the aforesaid officials it cannot reasonably be repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws.
(Added by Ord. 27-67, App. 1/26/67; amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section amended; Ord. 94-12, Eff. 6/20/2012.
The owner, lessee or other person in actual charge of a landmark, or of a structure in a historic district, shall comply with all applicable codes, laws and regulations governing the maintenance of the property. It is the intent of this Section to preserve from deliberate or inadvertent neglect the exterior portions of such landmark or structure, the interior portions thereof when subject to control as specified in the designating ordinance, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion. Failure to comply with this Section shall be subject to enforcement and penalties pursuant to Section 1013 below.
(Amended by Ord. 222-72, App. 8/9/72; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section amended; Ord. 94-12, Eff. 6/20/2012.
The HPC may, upon request of the property owner, render advice and guidance with respect to any proposed work for which a Certificate of Appropriateness is not required on a designated landmark site or in a designated historic district. In rendering such advice and guidance, the HPC shall be guided by the purposes and standards in this Article 10. This Section shall not be construed to impose any regulations or controls upon any property.
(Amended by Ord. 222-72, App. 8/9/72; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Section amended; Ord. 94-12, Eff. 6/20/2012.
(a) The Department shall take appropriate steps to notify all public agencies that own or may acquire property in the City about the existence and character of designated landmarks and historic districts; if possible, the Department shall cause a current record of such landmarks and historic districts to be maintained in each such public agency. In the case of any publicly owned property on a landmark site or in a historic district which is not subject to the permit review procedures of the City, the agency owning the said property shall seek the advice of the HPC prior to approval or authorization of any construction, alteration or demolition thereon; and the HPC in consultation with the Art Commission in appropriate cases, shall render a report to the owner as expeditiously as possible, based on the purposes and standards in this Article 10. In the case of any publicly owned property on a landmark site or in a historic district that is subject to the permit review procedures of the City under any other law or under the Charter, the agency owning the property shall be subject to the provisions of this Article 10, and if the project involves construction, alteration or demolition on a landmark site or in a historic district a Certificate of Appropriateness shall be required subject to the procedures set forth in this Article 10.
(b) All officers, boards, commissions and departments of the City shall cooperate with the HPC in carrying out the spirit and intent of this Article 10.
(c) Nothing in this Article 10 shall be construed to impose any regulations or controls upon designated landmarks owned or controlled by the Golden Gate Bridge Highway and Transportation District.
(Added by Ord. 27-67, App. 1/26/67; amended by Ord. 244-98, App. 7/31/98; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Divisions (a) and (b) amended; Ord. 94-12, Eff. 6/20/2012.
(a) The HPC may approve a list of structures of historical, architectural or aesthetic merit that have not been designated as landmarks and are not situated in designated historic districts. This list may be added to from time to time. The purpose of this list shall be to recognize and encourage the protection, enhancement, perpetuation and use of such structures. The HPC shall maintain a record of historic structures in the City that have been officially designated by agencies of the State or federal government, and shall cause such structures to be added to the aforesaid list.
(b) Nothing in this Article 10 shall be construed to impose any regulations or controls upon such structures of merit included on such a list and neither designated as landmarks nor situated in historic districts.
(c) The HPC may authorize such steps as it deems desirable to recognize the merit of, and to encourage the protection, enhancement, perpetuation and use of any such listed structure, or of any designated landmark or any structure in a designated historic district, including but not limited to the issuance of a certificate of recognition and the authorization of a plaque to be affixed to the exterior of the structure; and the HPC shall cooperate with appropriate State and federal agencies in such efforts.
(d) The HPC may make recommendations to the Board of Supervisors and to any other body or agency responsible, to encourage giving names pertaining to San Francisco history to streets, squares, walks, plazas and other public places.
(Added by Ord. 27-67, App. 1/26/67; amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
AMENDMENT HISTORY
Divisions (a), (c), and (d) amended; Ord. 94-12, Eff. 6/20/2012.
Prior to passage by the Board of Supervisors, the following matters shall be submitted to the HPC for its written report regarding effects upon historic or cultural resources: ordinances and resolutions concerning historic preservation issues and historic resources; redevelopment project plans; and waterfront land use and project plans.
(a) Time Period for Review. The HPC shall submit any written report to the Board of Supervisors within 90 days of the date of referral. Failure of the HPC to act within the prescribed time shall be deemed to constitute a recommendation of disapproval, except that the Board of Supervisors may, by resolution, extend the prescribed time within which the HPC is to render its report.
(b) Report to Planning Commission. If the Planning Commission is required to take action on the matter, the HPC shall submit any report to the Planning Commission as well as to the Board of Supervisors.
(c) Referral Back of Proposed Amendments to the Municipal Code. In acting upon any proposed amendment to the Municipal Code concerning historic preservation issues and historic resources, the Board of Supervisors may modify said amendment but shall not take final action upon any material modification that has not been referred to the HPC for its written report. Should the Board of Supervisors adopt a motion proposing to modify the amendment while it is before the Board, the amendment and the motion proposing modification shall be referred back to the HPC for its written report. In all such cases of referral back, the amendment and the proposed modification shall be heard by the HPC according to the requirement for a new proposal.
(Added by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)
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