21.05.060 Historical resource delisting – Fines and penalties.
If a historical resource is recommended for delisting, the Zoning Administrator and the HPC shall include recommendations for recovery of costs associated with historic preservation incentives and benefits (i.e., financial, development or zoning) provided to the current or previous property owner(s). The recommendation(s) may include the following:
A. The owner of record may be subject to fines and penalties by the City, which may equate up to 100 percent recovery of any financial benefits and incentives received from the City as part of the original listing including but not limited to the Mills Act property tax abatement, reduction of permit fees, waiver of permit fees, issuance of a variance due to the historical status of the resource, or reduction of parking or other local standards or requirements.
B. If it is determined that the historical significance of a resource has been reduced or lost as a result of the actions of the property owner, fines and penalties may be imposed upon the owner equal to the amount necessary to restore or rehabilitate the previously identified historical significance of the resource and other applicable fines and penalties pursuant to CVMC 21.08.050(A)(1) and (2) and CVMC 21.11.010(A) through (C).
C. If it is found that the cause for delisting is at no fault of the current property owner, then the ZA and HPC may make a recommendation to waive any applicable fines and penalties.
D. Notwithstanding the foregoing, if a Mills Act agreement (California Government Code Section 50280 et seq.) exists for the resource on the subject property, any fines and penalties shall be in accordance with the cancellation provisions of the subject Mills Act agreement. (Ord. 3196 § 3, 2011).