14.01.120 Unpermitted demolition or destruction of resources.
A. Preservation of Listed Historic Resources. The purpose of this section is to prevent unpermitted active demolition or demolition by neglect by ensuring that listed historic resources are maintained in good repair, and free from structural defects and safety hazards, consistent with the International Property Maintenance Code, Property Maintenance Standards (Chapter 17.17), and standards as specified herein. Alteration or demolition in whole or part, of any significant features or characteristics of a listed historic property or resource requires city authorization, pursuant to Section 14.01.100.
B. Enhanced Penalties for Unpermitted Demolition. In addition to penalties otherwise provided for violations of the San Luis Obispo Municipal Code and this chapter, the city council, following notice and a public hearing, may impose the following enhanced penalties for unpermitted demolition of a listed resource, as defined herein, where a property owner has willfully demolished, or directed, or allowed the demolition of a listed resource, or where the property owner has failed to comply with notices to correct violations of this code, such that the continuance of such violations may result in the unpermitted demolition of the listed historic resource (either active or by neglect):
1. Restoration. The owner may be required to restore the property or structure to its appearance prior to the violation to the satisfaction of the director.
2. Building Permit Restriction. City may prohibit the owner(s), successors, or assigns from obtaining a building permit for development of the subject property for a period of up to five years from the date of violation, unless such permit(s) is for the purpose of complying with provisions of this chapter. In cases where this penalty is imposed, the city shall:
a. Initiate proceedings to place a deed restriction on the property to ensure enforcement of this restriction.
b. Require the property owner to maintain the property during the period of development restriction in conformance with standards set forth in this chapter.
c. Initiate action to remove any such deed restriction within ten days of correction or compliance. Subsequent development applications shall be subject to CEQA review and conditions of development shall address the demolition of the historic resource.
3. Loss of Preservation Benefits. Any historic preservation benefits previously granted to the affected property may be subject to revocation.
4. Other Remedies. These enhanced penalties are nonexclusive, in addition to and not in lieu of penalties otherwise provided for violations of the San Luis Obispo Municipal Code and this chapter, including, but not limited to, administrative citations, criminal prosecution, civil fines, and public nuisance proceedings. (Ord. 1557 § 3 (part), 2010)