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Review of Similar Regulations in Other Jurisdictions <br /> City staff reviewed how other communities respond to such illegal demolition or alteration of <br /> historic buildings, and found the following: <br /> Jurisdiction Limitations and Penalties <br /> Alameda No building permits for 5 years. Require restoration to prior appearance (if <br /> possible) <br /> Violations of Landmark Preservation provisions are a misdemeanor; $100 <br /> Berkeley fine for first code violation; then escalating to $200 for a 2nd violation and <br /> $500 for 3rd violation <br /> No building permits for 3 years; maintenance of lot; pay cost to investigate <br /> Glendale violation; misdemeanor; civil remedies; rebuild limited to same height, <br /> square footage and footprint <br /> Civil action in court to seek financial penalty equivalent to: "replacement <br /> Pacific value of the building in kind"; civil action to seek reconstruction; rebuild with <br /> Grove same floor area ratio (FAR) and density; 5-year limit on building beyond <br /> original structure <br /> Civil penalty "in sum equal to the replacement value of the building ...not to <br /> Palo Alto exceed ten thousand dollars."; 20-year restriction to rebuild with original <br /> FAR; criminal misdemeanor <br /> Monterey General misdemeanor penalty <br /> Oakland Financial penalty for illegal demolition $5,000 per living unit <br /> San General penalties: administrative citations $100 each day; civil penalties of <br /> Francisco $200 per day of on-going violation; criminal prosecution <br /> Ventura No building permits for 5 years; fine the greater of: (a) $10,000; or (b) <br /> appraised value before demolition minus appraised value after demolition <br /> Summary of Proposed Regulations <br /> The proposed new Section 18.140.030 (Exhibit A) would apply in those situations where the <br /> owner of a property with a historic building: <br /> 1. Demolishes all or part of a historic building without the proper approval from the City, or <br /> authorization from the Building and Safety Division due to a dangerous building <br /> condition; <br /> 2. Moves a historic building from its original site without City approval; <br /> 3. Demolishes a building by neglect or lack of maintenance; or <br /> 4. Alters the historic elements beyond granted approvals. <br /> Fines <br /> The proposed ordinance allows for the imposition of monetary fines that are based on "...an <br /> amount up to the appraised value of the building, or altered portions of the building, before <br /> Project No. P19-0342, Citywide Planning Commission <br /> 3 of 5 <br />toric building. <br /> See Municipal Code §20.04.090 and Chapter 20.32. <br /> See Municipal Code §§9.28.025 and 18.74.200. <br /> Project No. P19-0342, Citywide Planning Commission <br /> 2 of 5 <br />ome of the privacy issues we <br /> had raised. It seems in this design the width of the siding also encroaches a bit more into the <br /> setbacks on the side of the house. None of the other homes in our neighborhood have had large <br /> siding walls or overhangs like that put up and we are worried it would look out of place. <br /> During the design review hearing process it became very clear that no matter what we said or <br /> how it affected us, this was going to get approved. During the hearing we suggested an II <br />at its closest point,a larger setback than the standards would require. The proposed addition would be built directly above the <br /> existing garage and would maintain the existing building setback. <br /> P19-0130 Planning Commission <br /> 11 of 15 <br />