Current Santa Clara County Regulations
Standard Santa Clara County building code applies.
Standard Santa Clara County code applies.
Proposed Santa Clara County Historic
TO KEEP IN GOOD REPAIR
The owner, person or persons having legal custody and control of a
designated cultural resource should keep free from any structural defects
and in good repair all of the exterior portions, and all interior portions
thereof, whose maintenance is necessary to prevent deterioration and decay
of such designated cultural resource as determined by the building
No person shall violate any provision of this chapter without being
subject to the following penalties.
Any person or entity which violates the provisions of this ordinance is
guilty of a misdemeanor.
- Any violation of the provisions of this chapter may be liable civilly
in a sum equal to the replacement value of the landmark or heritage
property or an amount in the court's discretion, not to exceed $200,000.
- Any action or development undertaken without the issuance of a
certificate of appropriateness or in violation of the terms and conditions
of a certificate of appropriateness may be subject to a stop work notice
issued by the building official. Failure to stop work after issuance of a
stop work notice shall constitute a misdemeanor.
- A court may order injunctive relief to restrain, enjoin or cause
correction or removal of any violation of this chapter.
- Remedies under this article are cumulative and do not supersede or
limit any and all other remedies, civil or criminal. Judgment or
settlement shall include reasonable expenses including attorney's fees, as
determined by the court, incurred in the investigation and prosecution of
- No further development of a lot which is the site of alteration or
demolition of a landmark or heritage property in violation of this chapter
shall be permitted in excess of the floor area extant at the time of
violation, or the dwelling unit density, for a period of five (5) years
from the unlawful alteration or demolition. A person or entity may be
relieved of the penalties with regard to alteration provided in this
subsection if the landmark or heritage property is restored to its
original distinguishing qualities and character existing prior to the
violation as determined by the planning director.
- Any person or entity which violates the provisions of this chapter
relating to heritage trees shall incur a civil penalty in an amount from
ten thousand dollars ($10,000) to two hundred thousand dollars ($200,000)
per heritage tree cut, destroyed, killed, removed or adversely pruned. The
amount of the fine shall take into account whether the removal was
intentional and whether the trees were rare, ancient, of exceptional size
or age, or of exceptional historical significance to the community. In
addition, any person or entity which violates the provisions of this
chapter relating to heritage trees shall incur a criminal penalty in an
amount from ten thousand dollars ($10,000) to two hundred thousand dollars
($200,000) per heritage tree cut, destroyed, killed, removed or adversely
pruned which causes injury to the heritage tree.
Civil fines collected for violations of this ordinance shall be placed
in a trust(s) fund to be utilized for cultural resource and tree
protection, and educational purposes at the direction of the board of
State Historic Preservation Office
some type of provisions as part of an enforcement component (determined by
the local government)
some type of enforcement component (determined by the local government)
City of San Jose
(ordinance adopted in 1975)
municipal code applies.
for violations are pursued through the municipal code.
Town of Danville
(ordinance adopted in 1993)
The owner and tenant of a designed heritage resource shall keep and
maintain in good condition and repair all interior portions whose
maintenance is necessary to prevent deterioration and decay of an exterior
Violation is an infraction punishable as set forth in the Municipal Code.
The building officer shall have the authority to implement the enforcement
of this section by any of the following means:
Entering an improvement
as provided by law for the purposes of investigation and inspection;
Serving notice requiring the removal of any violation of this section upon
the owner, agent or occupant of the improvement;
Calling upon the Town
Attorney to institute any necessary legal proceeding.
City of Davis
TO KEEP IN GOOD REPAIR
The owner, lessees and any other person in actual charge or possession of
a historical resource or an outstanding historical resource shall take
steps necessary to prevent:
- The substantial deterioration or decay of any exterior portion of such
a resource or improvement.
- The substantial deterioration or decay of any interior portions thereof
whose maintenance is necessary to preserve any exterior portion.
Any person who violates a requirement of this article or fails to comply
with a condition of approval of any permit issued pursuant to this article
shall be subject to the enforcement provisions set forth in article 40.38
of this code (reference to alternate section in municipal code).
City of Eureka
(ordinance adopted in 1997)
structure on a designated property which is the subject of an outstanding
order to abate a substandard condition pursuant to City Building Code, is
hereby declared to be a nuisance. Any person aggrieved by such a nuisance
may bring an independent civil action against the owner of the designated
property for all appropriate relief including damages, costs and
attorneys' fees. Every day of such interference is a separate and distinct
OF PERMITS AS REMEDY
In addition to all penalties otherwise provided by this code or other
applicable law, in the event of a demolition in violation of this chapter,
building, zoning and/or use permits may be denied for the affected
property for a period not to exceed 5 years.
City of Fresno
(ordinance adopted 1999)
All designated Historic Resources shall be preserved against decay and
deterioration, kept in a state of good repair and free from structural
defects. The purpose of this section is to prevent an owner or other
person having legal custody and control over a property from facilitating
demolition of a Historic Resource by neglecting it and by permitting
damage to it by weather and vandalism.
Consistent with all other state and city codes requiring that buildings
and structures be kept in good repair, the owner or other person having
legal custody and control of the property shall repair such building or
structure if it is found to have any of the following defects:
- Buildings elements so attached that they may fall and injure members of
the public or property;
- Deteriorated or inadequate foundation;
- Defective or deteriorating flooring.
- Members of walls, partitions or other vertical supports that split,
lean, list or buckle due to defective material or deterioration.
AND CRIMINAL PENALTIES
It shall be unlawful for any person to permit or maintain violations of
any of the provisions of this article by undertaking the alteration,
grading, removal, demolition or partial demolition of an Historic Resource
or a building, structure, object or site within a Historic District
without first obtaining the written approval of the Specialist, Commission
or Council as provided in this article, or to defy any order or decision
rendered by the Specialist, Commission or Council. Any violations of this
article may be enforced as provided in this Code, except in the case of
administrative citations issued pursuant to this code, wherein the
administrative penalty imposed shall be up to $10,000 for each violation.
As part of any enforcement proceeding, violators may be required to
reasonably restore the building, structure, object or site to its
appearance or condition prior to the violation, under the guidance of the
Town of Los Gatos
(ordinance adopted in 1998)
TO KEEP IN GOOD REPAIR
The owner, lessee, and any other person in actual charge or possession of
a pre-1941 structure, designated landmark or structure in the LHP or
landmark and historic preservation overlay zone shall keep all the
exterior portions in good repair as well as all of the interior portions
which are subject to control by the terms of the designating ordinance,
and all portions whose maintenance is necessary to prevent deterioration
or decay of an exterior portion.
town code applies.
County of Monterey
(ordinance adopted in 2000)
TO KEEP IN GOOD REPAIR
The owner or the occupant of an historic resource should keep in good
repair all of the exterior portions of such structure and all interior
portions thereof whose maintenance is necessary to prevent deterioration
and decay of any exterior architectural feature.
County code applies.
City of Sacramento
(ordinance adopted in 2001)
The owner, lessee or other person legally in possession of a Listed
Resource shall comply with all applicable codes, laws and regulations
governing the maintenance of property. Additionally, it is the intent of
this section to preserve from deliberate or inadvertent neglect the
exterior features of Listed Historic Resources and the interior portions
thereof when such maintenance is necessary to prevent deterioration and
decay of the exterior. Listed Historic Resources shall be preserved
against such decay and deterioration and shall remain free from structural
defects through prompt corrections of any of the following defects:
- Facades which may fall and injure members of the public or property;
- Deteriorated or inadequate foundation, defective or deteriorated
flooring or floor supports, deteriorated walls or other vertical
- Members of ceiling, roofs, ceiling and roof supports or other
horizontal members which sag, split or buckle due to defective material or
- Deteriorated or ineffective waterproofing or exterior walls, roofs,
foundations or floors, including broken windows or doors;
- Defective or insufficient weather protection for exterior wall
covering, including lack of paint or other protective covering;
- Any fault or defect in the building which renders it not property
watertight or structurally unsafe.
The Code Enforcement Manager and Building Official, and designees, are
hereby authorized to enforce the provisions of this Chapter, and, in
addition to all other powers available to them, are specifically
authorized to utilize the provisions of Chapter 1.28 of Title 1 of the
Sacramento City Code in the enforcement of this Chapter. The City Attorney
is authorized to take such legal actions are lawfully available, including
but not limited to the remedies set forth in Chapter 1.28 of Title 1 of
the City Code.
No person shall cause, willfully or
otherwise, by action or inaction, alteration of, environmental change to,
damage to or demolition of any significant feature(s) or characteristics
of a Landmark or other Listed Historic Resource or National Register
Resource or California Register Resource without first having obtained a
proper City authorization for the same.
- For the purposed of this Chapter, each daily violation shall be
considered a new and separate offense.
- Willful violation of this Chapter shall constitute a misdemeanor.
The penalties provided for in this Chapter
are designated as non-exclusive and are in addition to any other remedies
the City may have.
County of Santa Cruz
(ordinance adopted in 2000)
County code applies.
A. Criminal Enforcement.
Any person who violates any provision of this chapter is guilty of a
misdemeanor, the penalty for which is set forth in County code Section
B. Civil Enforcement.
1. Civil Fines
- Any person who negligently violates any provision of this chapter is
liable to the County of Santa Cruz in a sum not to exceed $250 per day for
each day in which the violation occurs.
- Any person who intentionally violates any provision of this chapter is
liable for a civil penalty to the County of Santa Cruz for a sum not less
than $500 nor more than $5,000 for each day in which such violation
- Any person who intentionally demolishes or substantially destroys an
historical resource in violation of any provision of this chapter is
liable for a civil penalty to the County for a sum not less than $1,000
nor more than $10,000.
- Any civil action filed pursuant to this chapter shall be brought by the
District Attorney or County Counsel. In any civil action filed pursuant
hereto in which the County prevails, the person against whom judgment is
rendered shall also be liable for reasonable expenses including attorney's
fees, as determined by the court, incurred by the County in the
investigation and prosecution of the action.
- Civil fines collected for violations of this ordinance shall be placed
in a trust fund to be utilized for historic resource protection and
education purposes at the direction of the Board of Supervisors.
2. Equitable Relief.
3. Effect on Related Permit Application.
No permit shall be issued to an applicant, owner or property as to whom or
which a violation of this Chapter exists until such violation is corrected
or unless the permit sought is for a project which includes correction of
4. Permit Revocation.
Any permit granted may be revoked on the basis of a related violation of
this Chapter by the permit holder or his/her agent, all in accordance with
the Permit Revocation provision of the Santa Cruz County Code.
5. Recording Notice of Violation.
C. Determination of Penalties.
In determining both the civil and criminal penalties imposed pursuant to
this article, the court shall consider all relevant circumstances,
including, but not limited to, the impact on the County Historic Resource
caused by the violation, the nature and extent of the violation and the
period of time over which it occurred, the frequency of past violations,
and the corrective action, if any, taken by the person who cause the
D. Other Remedies Unimpaired.
Remedies under this article are in addition to and do not supersede or
limit any and all other remedies, civil or criminal.