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HomeMy WebLinkAboutOrdinances_1828_CCv0001.pdf ORDINANCE NO. 1828 AN ORDINANCE OF THE CITE' OF REDLANDS FOR PROMOTING THE PRESERVATION OF HISTORICALLY SIGNIFICANT BUILDINGS SCHEDULED FOR DEMOLITION THE CITY COUNCIL OF THE CITY OF REDLANDS does ordain as fellows SECTION I - TITLE' This ordinance shall be know as the "Historic Building Demolition" ordinance. SECTION II - FINDINGS The City Council of the City of Redlands hereby finds that; historically significant structures:: situated within the City of Redlands together constitute a cultural treasure for the entire community to enjoy, that the preservation of these structures will promote the general welfare by preserving the invaluably link to this community's rich and distinguished past, and that the City's permit procedure for demolishing an historically significant structure should first provide the opportunity for interested parties to rescue the structure from destruction by purchasing the site or _relocating the structure.: SECTIO?? III -- APPLICATION This ordinance shall apply to any structure of unknown age or any structure constructed fifty or more years prior to date of demolition permit application. A claim that a structure was constructed within the last fifty years from date of application must be substantiated with evidence of completion date. SECTIO I DEFINITION For the purpose of this ordinance, the following definitions shall- apply 1 . "Applicant." means the applicant for demolition permit, the owner of the structure to be demolished, or his authorized representative. . "Days" means calendar days excluding Saturdays, Sundays, and legal holidays. 3. "Commission" means the Historic and Scenic Preservation, Commission of the City of Redlands . . "Permit" means a permit to demolish a building. S "Qualified historical building" leans any structure deemed historically, architecturally, or culturally significant by the Redlands Historic and Scenic preservation Commission .- i w SECTION V - PROCEDURE A. DEMOLI'T'ION PERMIT REQUIRED separate, demolition permit shall be required for the demolition of any building or structure within the City of Redlands,. No building or structuremay be demolished until such permit shall be provided on the farm furnished by the Department of Building and Safety. Application shall: 1 Identify the structure to be demolished by a description of the building, by its address , legal description , and tax assessor' s parcel number. . Specify the date that construction of the original building was completed, and attach evidence verifying that date. If the date of completion is unknown., the applicant shall write "age of structure unknown"' can the permit application. 3. Provide such other information as may be required: by the Department of Building and Safety. B. PROJECTS REQUIRING PLANNING COMMISSION SION REVIEW AND APPROVAL OR A CONDITIONAL USE PERMIT! An applicant seeking Planning Commission review and approval for any project which contains one or more structures to be demolished must first apple for the necessary demolition permits prier to submitting the application to the Planning Commission. Failure to first apply for the demolition permits will result in the Planning Commission tabling the project until applications have been made in accordance with this ordinance. C. DEPARTMENTAL REVIEW OF PERMIT APPLICATION The permit application shall be reviewed by the Department of Building and Safety to determine whether' the building would qualify as a building of historical significance to the City of Redlands as fellows: 1, structures verified as having been completely_ constructed within the last fifty years prior to application of demolition permit shall be exempt from further review for historical significance , and a demolition permit shall be issued in accordance with normal procedures Ordi nx .s NINON, . Structures: of unknown age or structures completed fifty or more years prior to demolition permit application shall `be immediately referred in writing to the Historic and. scenic Preservation Commission. D. COMMISSION REVIEW OF PERMIT APPLICATION Upon referral of a structure from the Departmentof Building and Safety to the Historic and Scenic Preservation Commission, the Commission shall arrange for a special meeting within, seven fi days from the date of the permit application. Notice of the special meeting shall be provided as required bylaw. At such meeting, the Commission shall determine the historical significance of the structure . 1 . Buildings having no historical significance as determined by the Commission shall be exempt from further review for historical: significance. The Department of Building and Safety shall be notified in writing of the Commission ' s determination, and shall thereupon issue the demolition permit; in accordance with normal procedures. . If the Commission determines that the application is for a permit to demolish a qualified historical building, the Commission shall order :a delay in the issuance of the demolition permit for a period not to exceed ninety ( 0) days to provide interested parties with the opportunity' to contact the owner of the structure for purposes of purchasing; the site, relocating the structure, or making any other arrangement to rescue the structure from demolition. E. CITY COUNCIL REVIEW OF COMMISSION DETERMINATION Within two days of the special meeting of the Commission , the City Clerk shall be notified in writing of the application for demolishing a qualified historical building, the signi- ficant features of the structure, the period of delay for issuing the demolition permit, and the name and address of the owner of the property.. The notice shall include a request for a public hearing before: the City Council. The City Clerk shall: place this item on the agenda for the next City Council meeting provided the notification from the Commission has been received by the City Clerk fifteen (15) day's prior to the next regular Meeting date . If less than fifteen (1 days, said public hearing will be presented at the next. subsequent City Council meeting. The City Clerk shall notify the owner of the property of the public hearing by certified mail. Ordinance No. 1828 Page three At the public hearing, the City Council shall hear testimony from representatives of the Commission concerning the historical, architectural , or cultural significance of the structure and the necessity for delay in issuing the demoli- tion permit. The applicant for a demolition permit and any other interested person shall also be provided an opportunity to speak. After considering the findings and testimony by the Commission, together with testimoney from all other interested persons , the City Council shall confirm, modify, or reject the findings of the Commission. The decision of the City Council shall be final and conclusive. F APPLICANT TC PROCEED TO DEMOLISH STRUCTURE If the City Council:: determines after hearing evidence at the public hearing that the immediate demolition of the structure is justified, the permit to demolish the structure shall be issued in accordance with normal procedures. G. DELAYED ISSUANCE If the City Council determines after hearingevidence at the public hearing that the demolition shall be postponed as requested by the Commission or as modified by the City Council , the demolition permit shall not be issued until expiration of the allotted period for delay.. H. COMMISSION RESPONSIBILITY During the period of postponement until issuance of the demolition permit, the Historic and Scenic Preservation Com- mission shall cooperate with the owner for the purposes of saving the structure or structures through purchase of the. property, relocation of the building or by any other means in the shortest time possible. The Commission shall make every reasonable effort to provide for the preservation o the historic building_. I . OWNER RESPONSIBILITY The owner shall be responsible for maintaining the property until issuance of the demolition permit-.. The owner shall have the responsibility of securing the building against entry by unauthorized persons; and the site shall be kept clear of combustible debris, refuse, waste, all dead trees, shrubs, and weeds. Failure to properly maintain the structure, keep the premises secure from entry by unauthorized persons , and failure to remove combustible fire hazards shall subject the owner to immediate legal action for violation of this ordinance. Ordinance No. 1828 Page four J. ISSUANCE OF DEMOLITION PERMIT A permit to demolish a qualified structure must be issued upon request by the applicant as required by law if the period of postponement has expired and there has been no disposition of the structure. SECTION VI - UNSAFE OR DANGEROUS BUILDINGS Nothing in this ordinance shall prevent construction, alteration, repair, or demolition necessary to correct an unsafe condition of any structure where such condition has been declared unsafe by the Director of Building and Safety. In the event that any structure has been damaged by fire, flood, earthquake, or other calamity to such an extent that in the opinion of the Director of Building and Safety and/or the Chief of the Fire Department said structure cannot be reasonably repaired or restored, the building may be removed by normal permit or nuisance abatement procedures as required by law. SECTION VII - SUBSTANDARD BUILDINGS AND PUBLIC NUISANCES The location of any structure declared to be a substandard building by the Director of Building and Safety shall be provided to the Commission when there is no evidence that said building was constructed within the last fifty years prior to the date of the declaration. Such substandard building shall be routinely processed as a public nuisance to be abated by repair or demoli- tion. However, the Commission may advise the Director of Building and Safety of the historical significance of the building and may recommend, for the purpose of arranging for the rehabilitation or the relocation of the building, a reasonable period of postpone- ment for demolition of the building. Failure to arrange for the rehabilitation of the substandard building within sixty (60) days of the order to abate the nuisance shall be reason for the Director of Building and Safety to proceed with the abatement of the public nuisance. SECTION VIII - ENFORCEMENT It shall be the duty of the Director of Building and Safety or his duly authorized representative to enforce the provisions of this ordinance. ordinance No. 1828 - Page five M SECTION IX - LEGAL PROCEEDINGS Improper maintenance of any structure or premises in violation of this ordinance,; or demolition of any structure prior to the issuance of a demolition permit,, is hereby declared unlawful . Any person, firm, or corporation committing such unlawful acts or allowing such unlawful acts to occur shall be subject to the penalties as prescribed by law, and the City Attorney, upon order' of the City Council, shall immediately take appropriate legal proceedings. SECTION X PENALTIES FOR VIOLATION Any person, firm or corporation, whether as principal, agent, employee or otherwise , violating or causing the violation of any of the provisions of this ordinance, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed Five Hundred. Dollars ($500. 00) , car by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment. Such person, firm, or corporation shall be deemed guilty of a separate offense for each; and every' day during any portion of which any violation of this ordinance is committed or continued by such person , firm, or corporation_, and shall be punishable as herein provided. SECTION XI - VALIDITY If any section, sentence, clause,, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portion of this ordinance. The City Council of the City of Redlands hereby declares that it would have passed and does hereby pass this ordinance and each section, sentence, clause, and phrase hereof, irrespective of the fact that any one or more sections, sentences, clauses, or phrases be declared invalid or unconstitutional. SECTION XII - EFFECTIVE ,DATE This ordinance shall take effect and be in force as provided by law. i Ordinance No. lS Page six low SECTION XIII PUBLICATION The City Clerk shall certify to the adoption of this ordinance and cause it to be published once in the Redlands Daily Facts, a newspaper of general circulation printed and published in this city. Mayor of the City of Redlaii-ds ATTEST: Ci y Clerk 1, Lorrie Poyzer, City Clerk, City of Redlands , hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 18th day of October, 1983 . AYES : Councilmembers Gorman, Johnson, Martinez; Mayor Roth NOES : None ABSENT: Councilman DeMirjyn ti, C C 'YaClerk i Ordinance No. 1828 Page seven