(A) Any person who violates a requirement of this subchapter or fails to obey an order issued by the City Council, Commission and/or Director, or fails to comply with a condition of approval of any certificate or permit issued under this subchapter, shall be subject to enforcement actions as set forth in § 153.005 (Violations) of this code.
(B) In addition to all other remedies available to the city, any alteration or demolition of a cultural resource in violation of this subchapter is expressly declared to be a nuisance and may be abated as deemed appropriate by the city.
(C) In addition to all other remedies, the city shall have the authority to impose a temporary moratorium on the development of a property for a period not to exceed 60 months from the date the city becomes aware of any alteration or demolition in violation of this subchapter, unless the owner obtains permits to restore or reconstruct the property to its original condition prior to the violation and the work is consistent with the Secretary’s Standards. The purpose of the moratorium is to provide the city with an opportunity to study and determine appropriate mitigation measures for the alteration and/or removal of the cultural resource, and to ensure measures are incorporated into any future development plans and approvals for the subject property. Mitigation measures, as determined by the Commission and/or Director, shall be imposed as a condition of any subsequent permit for development of the subject property.
(D) The City Attorney may maintain an action for injunctive relief to restrain a violation or cause, where possible, the complete or partial restoration, reconstruction, or replacement of any cultural resource demolished, partially demolished, altered, or partially altered in violation of this subchapter.
(E) Any person who constructs, alters, removes, or demolishes a cultural resource without the approval and issuance of a certificate or permit issued pursuant to this subchapter may be required to restore the property to its appearance prior to the violation to the extent such restoration is physically possible, under the guidance of the Director. This civil remedy shall be in addition to, and not in lieu of, any criminal penalties available.
(F) In addition to any other remedies provided herein, any violation of this subchapter may be enforced by civil action brought by the city. Remedies under this subchapter are in addition to and do not supersede or limit any and all other remedies or penalties, whether civil or criminal. The remedies provided herein are cumulative and not exclusive. In any such action, the city may seek as appropriate, one or both 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 division (F).
(Ord. 636-C.S., passed 8-15-17)