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File #: 17-5173   
Type: City Code Amendments
In control: City Council A Session
On agenda: 10/5/2017
Posting Language: An Ordinance amending Article 4, Procedures, of the Unified Development Code (UDC) relating to penalties for demolition without a permit and protection of properties determined to be eligible for historic designation. [Roderick Sanchez, Assistant City Manager; Shanon Miller, Director, Office of Historic Preservation]
Attachments: 1. Draft Ordinance, 2. Ordinance 2017-10-05-0756
DEPARTMENT: Office of Historic Preservation


DEPARTMENT HEAD: Shanon Miller, Director


COUNCIL DISTRICTS IMPACTED: All


SUBJECT:

An Ordinance authorizing amendments to Article 4, Procedures, of the Unified Development Code (UDC) relating to penalties for demolition without a permit and protection of properties determined to be eligible for historic designation.

SUMMARY:

The proposed UDC amendments are in response to a City Council Resolution submitted by District 1 Councilman Roberto Trevi?o to establish additional penalties for illegal demolition of historic properties and properties located within Neighborhood Conservation Districts or considered eligible for historic designation.

BACKGROUND INFORMATION:

The UDC outlines a demolition review process for all properties within city limits. As part of the current process, the Office of Historic Preservation reviews each permit application and determines whether the property has a historic designation or is eligible for historic designation. Demolition of a designated historic property requires HDRC approval with proof of an economic hardship or loss of historic significance. For eligible properties that do not currently have a historic designation, the Historic Preservation Officer may forward the property to the HDRC for a Finding of Historic Significance at his / her discretion. This process allows for proper notification and public input regarding demolition requests that impact significant properties and neighborhoods.

Under the UDC, the City may impose penalties for the illegal demolition of historic properties as authorized by state law. Civil penalties for an illegal demolition of a historic property include a requirement to reconstruct the demolished building, denial of all future permits on the property for a 5-year period, and revocation of the contractor's license for a 5-year period. The City may also pursue criminal penalties which could result in a fine of $2,000 per day, per offence.
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