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HomeMy WebLinkAboutOrdinance 66 - 410, • 111 '/ 1 . - ORDINANCE NO. 66 AN ORDINANCE CREATING A HERITAGE PRESERVATION COMMISSION AND ESTABLISHING PROCEDURES FOR THE DESIGNATION, CONSERVATION AND CONTROL OF HERITAGE RESOURCES WITHIN THE CITY OF SARATOGA Section 1. Purpose. It is hereby declared as a matter of public policy that . the recognition, preservation, enhancement and use of heritage resources within the City of Saratoga is required in the interest of the health, economic prosperity, cultural enrichment and general welfare of the people. The purpose of this Ordinance is to: (a) Safeguard the heritage of the City by providing for the protection of irreplaceable heritage resources represent- ing significant elements of its history; (b) Enhance the visual character of the City by encouraging and regulating the compatibility of architectural styles within historic areas which reflect established architectural traditions; (c) Encourage public knowledge, understanding and . appreciation of the City's past and foster civic and neighborhood pride and sense of, identity based upon the recognition and use of the City's heritage resources; (d) Stabilize and improve property values within the City and increase the economic and financial benefits to the City and its inhabitants derived from the preservation, rehabilitation and use of heritage resources; (e) Integrate the .conservation of heritage resources into the public and private development process and identify as early as possible and resolve conflicts between the preservation of such resources and alternative land uses. -1- �, i 411 ,0 *!:_% Section 2. Definitions. Certain words and phrases used in this Ordinance shall be defined as follows: (a) "Alteration" means any exterior change or modifica- tion of a designated historical landmark or any property within a designated heritage lane or historic district including, but not limited to, exterior changes to or modifica- tions of structure, architectural details or visual character- istics, grading, surface paving, the addition of new structures, removal or alteration of natural features, disturbance of archeological sites or areas, and the placement or removal of any exterior objects such as signs , plaques , light fixtures, walls, fences, steps or gates affecting the exterior visual qualities of the property, but shall not include painting, landscaping and ordinary maintenance. (b) "Heritage Commission" means the Historical Preserva- tion Commission established pursuant to this Ordinance and "Commissioner" means a member of the Heritage Commission. (c) "Heritage resource" means any public or private property designated by the City, pursuant to this Ordinance, as having special historical, cultural, archeological, scientific, architectural or aesthetic significance, interest or value as part of the heritage or history of the City of Saratoga, the County of Santa Clara, the State of California or the nation. (d) "Designated historic landmark" means a building, improvement, structure, natural feature, site or area of land under single or common ownership, designated as a heritage resource pursuant to this Ordinance. (e) "Designated heritage lane" means a street, road, avenue, boulevard, pathway or trail designated as a heritage -2- Ai. 411 110 4IP resource pursuant to this Ordinance. (f) "Designated historic district" means a distinct section of the City, specifically defined in terms of geographic boundaries, designated as a heritage resource pursuant to this Ordinance. (g) "Improvement" means any building, structure, parking facility, fence, gate, wall, work of art or other appurtenance or addition thereto constituting a physical betterment of real property, or any part of such betterment. (h) "Exterior architectural feature" means the architec- tural elements embodying style, design,. general arrangement and components of all the outer surfaces of an improvement, including but not limited to, the kind and texture of building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement. Section 3. Heritage Preservation Commission. (a) Creation of Commission. There is hereby estab- lished a Heritage Preservation Commission consisting of five unpaid members who shall be residents of the City of Saratoga and appointed by the Saratoga City Council, with the follow- ing qualifications: (1) One member from the Saratoga Planning Commission; (2) One member who shall have been a candidate nominated by the Saratoga Historical Foundation; (3) One member who, by reason of training and experience, is knowledgeable in the field of construc- tion and structural rehabilitation, such as - a licensed architect, engineer , contractor or urban planner ; (4) Two members appointed at large having demon- strable interest in preservation of the heritage resources within the City of Saratoga. -3- . 4110 1110 (b) Term. The original appointment of Commissioners shall be as follows: one for two years; two for three years; and two for four years. Thereafter , appointments shall be made for a four-year term. No Commissioner shall serve more than two consecutive terms. (c) Vacancy and Removal. (1) In the event of a vacancy occurring during the term of a Commissioner , the City Council shall make an interim appointment to fill the unexpired term of such Commissioner , and where such Commissioner is required to have special qualifications , such vacancy shall be filled by interim appointment, in the manner herein prescribed, with a person having such qualifications. (2) A Commissioner who ceases to be a resident of the City of Saratoga shall automatically be removed and shall be so notifed by the Chairman of the Commission. The Chairman shall then request the City Council to fill the vacancy. Any Commissioner may be removed at any time upon the affirmative vote of at least four members of the City Council. (d) Organization. (1) The Commission shall elect annually, on or before January 31st, one of its members to serve in the office of Chairman, and may elect such other officers from among its members as it deems necessary or desirable. Should a mid-year vacancy in any office occur , the Commission shall elect a replacement officer at the next regular or noticed special meeting to serve until the next annual election of officers. (2) The Director of Community Development or his designee (referred to herein as "Commission Staff") -4- i 1 i,. • 410 1_1 . ,/ shall act as secretary for the Heritage Commission, shall be the custodian of its records, shall conduct official correspondence and shall generally supervise the clerical and technical work performed at the request or on behalf of the Heritage Commission. (3) The Heritage Commission shall meet quarterly, or more frequently upon call of the Chairman or Commis- sion Staff, as necessary. All meetings shall be open to the public and a public record shall be kept of all Commission proceedings and actions. A majority of Commissioners shall constitute a quorum, with the Chairman having a vote. The Heritage Commission shall prescribe rules and regulations for the conduct of its business, thereafter having the powers and authority to perform the duties hereinafter enumerated. Section 4. Powers and Duties of Heritage Commission. The Heritage Commission shall be advisory only to the City Council, the Planning Commission and the agencies and depart- ments of the City, and shall establish liaison and work in conjunc- tion with such authorities to implement the purposes of this Ordinance. The Heritage Commission shall have the following powers and duties: (a) Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the City of Saratoga for the purpose of establishing an official inventory of heritage resources. The inventory shall be publicized and periodically updated, and a copy thereof shall be kept on file in the Community Development Department. (b) Recommend to the City Council specific proposals for designation as a historic landmark, heritage lane or historic district. -5- (c) Recommend to the appropriate city agencies or departments projects and action programs for the recognition, conservation, enhancement and use of the City' s heritage resources, including standards to be followed with respect to any applications for permits to construct, change, alter , remodel, remove or otherwise affect such resources. (d) Review and comment upon existing or proposed ordinances, plans or policies of the City as they relate to heritage resources. (e) Review and comment upon all applications for building, demolition, grading or tree removal permits involv- ing work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applica- tions for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other approval pertaining to or significantly affecting any heritage resource. The Commission's comments shall be forwarded to the City agency or department processing the application within thirty (30) days after receiving the request for such comments. (f) Investigate and report to the City Council on the availability of federal, state, county, local or private funding sources or programs for the rehabilitation and preservation of heritage a resources.9 (g) Cooperate with county, state and federal govern- ments and with private organizations in the pursuit of the objectives of heritage conservation. (h) Upon the request of a property owner or occupant and at the discretion of the Heritage Commission, render advice and guidance on the conservation, rehabilitation, alteration, decoration, landscaping or maintenance of any -6- -4„ Am 41111 410 , • . Im. heritage resource. Such voluntary advice and guidance shall not impose any regulation or control over any property. (i) Participate in, promote and conduct public informa- tion and educational programs pertaining to heritage resources. (j) Perform such other functions as may be delegated to it by resolution or motion of the City Council. Section 5. Criteria for Designation as a Heritage Resource. The Heritage Commission may recommend to the City Council designation of a proposal as a heritage resource if it satisfies any one or more of the following criteria: (a) It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the county, the state or the nation; or (b) It is identified with persons or events significant in local, county, state or national history; or (c) It embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials or craftmanship; or (d) It is representative of the notable design or craft of a builder , designer, or architect; or (e) It embodies or contributes to unique physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City; or (f) It represents a significant concentration or continuity of site, buildings, structures or objects, unified by past events or aesthetically by plan or physical or natural development; or (g) It embodies or contributes to a unique natural -7- . . 4111 411 S . • . . setting or environment constituting a distinct area or district within the City having special character or special historical, architectural or aesthetic interest or value. Section 6. Procedure for Designation of a Heritage Resource. The procedure for designation as a heritage resource shall be as follows: (a) Applications for Designation. Applications for designation as a heritage resource may be submitted to the heritage Commission by any of the following: (1) The owner or owners of a building, improve- ment, structure, natural feature, site or area of land, requesting designation of their property as a historic landmark. (2) The owners of at least sixty percent (60%) of all recorded lots abutting a street, road, avenue, boulevard, pathway or trail, or portion thereof, requesting designation as a heritage lane. (3) The owners of at least sixty percent (60%) of all recorded lots within a specific geographic section of the city, requesting designation of the entire section as a historic district. Applications for designation as a heritage lane or historic district shall be accompanied by a filing fee to cover the administrative cost of handling the designation proceedings. The City Council or the. Planning Commission may also, by resolution or motion, refer a proposed designation to the Heritage Commission for its recommendation and the Heritage Commission may consider a proposed designation upon its own initiative. (b) Study of Proposal. The Heritage Commission shall conduct a study of the proposed designation, based upon -8- 411 / .• • • . such information or documentation as it may require from the applicant, the Commission Staff, or from other available sources. Public hearings shall not be required, but the Commission may, in its discretion, receive written or verbal comments from any persons having an interest in the proposal or any information relevant thereto. (c) Objections to Proposals. In the event designation of a heritage resource is proposed by the City Council or Planning Commission or considered by the Heritage Commission upon its own initiative, and in the further event the Heritage Commission, as a result of its study of the proposal, deter- mines that the proposal should be recommended to the City Council for designation as a heritage resource, the Heritage Commission shall mail written notice of its intended recommen- dation to each person whose name appears on the latest adopted tax roll of Santa Clara County as owning the property, or any portion thereof, which is the subject of the proposed designation. Such written notice shall contain a complete description of the proposed designation and shall advise the property owners that written objections to the proposal may be filed with the Heritage Commission within forty-five (45) days from the date of the notice. If objections are filed by the owner of any property proposed to be designated as a historic landmark, or by the owners of at least forty-one percent (41%) of all recorded lots abutting a proposed heritage lane, or by the owners of at least forty-one percent (41%) of all recorded lots within a proposed historic district, the Heritage Commission shall discontinue any further consideration of the proposal. Such proposal may not again be considered for designation as a heritage resource for at least twelve (12) months after the -9- ' -,_ ' .. . .1 4 \ '- 411 MP 110 ( ilk date of mailing the notice to the property owners unless, prior to the expiration of such twelve month period: (1) The owner or owners of a proposed historic landmark withdraw their objection; or (2) A sufficient number of owners of recorded lots abutting a proposed heritage lane or recorded lots within a proposed historic district withdraw their objections so as to reduce the total percentage of objectors to less than forty-one percent (41%) ; or (3) In the case of a proposed heritage lane or historic district, the Heritage Commission decides to modify the proposal by reducing the size or boundaries thereof so as to reduce the total percentage of objectors to less than forty-one percent (41%) . (d) Recommendation by Heritage Commission. Provided the Heritage Commission is not required to discontinue consideration of a proposal by reason of objections raised pursuant to subparagraph 6 (c) above, the Heritage Commission shall render a written report within a reasonable time accompanied by all of the information and documentation reviewed by the Heritage Commission. The report shall either recommend the designation as originally proposed, recommend a modified designation or recommend that the proposed designa- tion be rejected. The report shall set forth in detail the reasons for the Heritage Commission's decision and the information and documentation relied upon in support thereof. A copy of the report shall be sent to the property owner or owners. (e) Designation of a Historic Landmark. (1) The report and recommendations of the Heritage Commission on a proposed historic landmark, together -10- ►:- • 7-, with the information and documentation pertaining thereto, shall be forwarded to the City Council. The City Council shall consider the report at its next available regular meeting and determine whether or not to accept the Heritage Commission's recommendations. The City Council shall by ordinance either approve the proposed designation, in whole or in part or as modi- fied, or shall by motion disapprove the proposal in its entirety. (2) In the event a designating ordinance is adopted by the City Council, such ordinance shall become effective thirty (30) days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this Ordinance and such further restrictions or controls as may be specified in the designating ordinance. (3) Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the City, the County, the state or the nation, and satisfies one or more of the criteria set forth in Section 5 of this Ordinance. (f) Designation of a Heritage Lane or Historic District. (1) The report and recommendations of the Heritage Commission on a proposed heritage lane or historic district, together with the information and documenta- tion pertaining thereto, shall be forwarded to the Planning Commission. (2) The Planning Commission shall conduct a public -11- • • hearing on the proposed designation within sixty (60) days after receipt of the Heritage Commission's report. Notice of the public hearing shall be given in the manner provided in subparagraph (g) of this Section 6. (3) The Planning Commission shall either recommend approval of the designation as originally proposed, or approval of the designation as modified by the Heritage Commission or the Planning Commission or both, or recommend that the proposed designation be rejected. If the Planning Commission recommends approval or modified approval of the designation, it shall instruct the Commission Staff to prepare and shall approve a proposed form of ordinance for adoption by the City Council designating the heritage lane or historic district and establishing a zoning overlay for such lane or district. The proposed ordinance may include such regulations or controls over the designated property as the Planning Commission deems reasonably. necessary for the conserva- tion, enhancement and preservation thereof. (4) The recommendations of the Planning Commission, together with the report and recommendations of the Heritage Commission and the information and documenta- tion pertaining thereto, and the proposed ordinance, if any, shall be transmitted to the City Council and considered at its next available regular meeting. (5) If the City Council determines that the proposed heritage lane or historic district should be considered for designation as a heritage resource, it shall adopt a resolution initiating final designation proceedings. Such resolution shall schedule a public hearing on the proposed designation to be conducted -12- • within sixty (60) days. Notice of the public hearing shall be given in the manner provided in subparagraph (g) of this Section 6. The resolution may further provide that during the pendency of the final desig- nation proceedings, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be performed upon or within the property which is the subject of the proposed designation, or may be issued only upon specified conditions or under specified circumstances. (6) At the conclusion of the public hearing, but in no event later than sixty (60) days from the date set in the resoltion for the initial public hearing, the City Council shall either adopt an ordinance designating the heritage lane or historic district, in whole or in part or as modified, or shall by motion disapprove the proposal in its entirety. (7) In the event a designating ordinance is adopted by the City Council, such ordinance shall become effective thirty (30) days following adoption thereof and the designated property shall therafter be subject to the regulations set forth in this ordinance and such further regulations or controls as may be specified in the designating ordinance. (8) Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the city, the county, the state or the nation, and satisfies one or more of the criteria set forth in -13- , : • \ 111 „se Section 5 of this Ordinance. (g) Notice of Public Hearings. Notice of the time, place and purpose of public hearings conducted by the City Council and the Planning Commission pursuant to this Ordinance shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by mailing such notice as follows: (1) In the case of a proposed Heritage lane, notice shall be sent to all persons whose names appear on the latest adopted tax roll of Santa Clara County as owning any property abutting the proposed heritage lane. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City of Saratoga not later than ten (10) days prior to the date of the hearing. (2) In the case of a proposed historic district, notice shall be mailed to all persons shown on the latest adopted tax roll of Santa Clara County as owning any property within the boundaries of the proposed district. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City of Saratoga not later than ten (10) days prior to the date of the hearing. Failure to send any notice by mail to any property owner whose name or address is not a matter of public record shall not invalidate any proceedings in connection with a proposed designation. The City Council or Planning Commission may, but shall not be obligated, to give such other notices as they deem appropriate or desirable. (h) Notice of Designation. Following adoption by the City Council of an ordinance designating a heritage resource, -14- i the Commission Staff shall send notice of the designation, together with a copy of the ordinance, to the owner or owners of the designated historic landmark, or the owners of all property abutting a designated heritage lane, or the owners of all property within a designated historic district. The notice shall inform such owners that the designated property will be added to the Saratoga Inventory of Designated Heritage Resources and may be eligible for certain privileges and benefits under local, state or federal law. The notice shall include a statement of the regulations and restrictions upon the designated property. The Commission Staff shall also send notice of the designation to: (1) The Heritage Commission; (2) The Planning Commission; (3) Any agency or department of the City request- ing such notice or affected by the designation; (4) The Saratoga Historical Foundation; (5) The Santa Clara County Historical Heritage Commission; (6) The California State Historic Preservation Officer; and (7) The Saratoga News. Notice of the designation as a heritage resource and the complete legal description of the designated property shall be recorded in the Office of the Recorder for Santa Clara County, California. Section 7. Termination of Designation. (a) The. owner or owners of a designated historic landmark, or the owners of not less than sixty percent (60%) of all recorded lots abutting a designated heritage lane, or the owners of not less than sixty percent (60%) of all -15- • 411 recorded lots within a designated historic district, may apply to the Heritage Commission for termination of the designation as a heritage resource. The application shall set forth in detail the grounds for termination and shall be accompanied by a filing fee to cover the administrative cost of handling the termination proceedings. (b) The same procedures, notices and hearings shall apply to the termination proceedings as set forth in Section 6, subparagraphs (b) , (d) , (e) , (f) and (g) of this Ordinance. (c) A designation may be terminated only upon a finding by the City Council that as a result of change in circum- stances, the designation is no longer consistent with the purposes and objectives of this Ordinance and no longer satisfies any of the criteria set forth in Section 5 of this Ordinance. (d) Upon termination of a designation, notices shall be sent to the same persons, commissions and agencies as set forth in Section 6, subparagraph (h) , and a Notice of Termina- tion shall also be recorded in the office of the Recorder for Santa Clara County, California. Section 8 . Issuance of Permits. It is unlawful for any person to alter, demolish, remove, relocate or otherwise change any exterior architectural feature or natural feature of a designated heritage resource, or to construct, alter , demolish, remove or relocate any building,. improvement or other structure within a designated landmark area, heritage lane or historic district, or to place, erect, alter or relocate any sign upon or within a designated historic landmark, heritage lane or historic district, without first obtaining a written permit to do so in the manner.< provided in `Section :9 of this Ordinance. -16- 111 411 Ilk ( • . . Section 9. Permit Procedure. The following procedures shall be followed in processing applications for permits required to be obtained under Section 8 of this Ordinance: (a) Applications. Applications for permits , on forms prescribed by the Heritage Commission, shall be submitted to the Saratoga Community Development Department, which shall forward the application to the Heritage Commission for review and comment. The application shall be accompanied by a filing fee to cover the administrative cost of handling the permit request. (b) Supporting Data. The application shall include the following data: (1) Documentation establishing ownership of the designated property by the applicant for the permit; (2) A clear statement of the proposed work; (3) A site plan showing all existing buildings, structures, trees over twelve inches in diameter , property lines, easements and the proposed work; (4) Plans showing the exterior elevations , mate- rials and grading of the proposed work; (5) Where the application is for demolition, a detailed statement of the necessity for demolition together with photographs of the structure to be demolished; (6) Such other information or documents as may be requested by the Heritage Commission. (c) Heritage Commission Action. The Heritage Commission shall complete its review and issue a recommendation to the Community Development Department within thirty (30) days after receipt of the application, filing fee and all supporting -17- r • 410 111 • ' ! : /, data. Unless legally required, there shall be no notice, posting or publication requirements for action on the applica- tion, but all decisions shall be made at regular or noticed special meetings of the Heritage Commission. The Heritage Commission' s recommendation shall be in writing and shall state the reasons relied upon in support thereof. Upon receipt of the Heritage Commission's recommendations , the Community Development Department shall forward a copy thereof to the applicant. (d) Issuance of Permit. If the Heritage Commission recommends issuance of the permit requested in the applica- tion, or issuance of such permit subject to conditions, the Director of Community Development shall proceed to issue the permit in accordance with the recommendation after the expiration of fifteen (15) days from the date the recommenda- tion is delivered to the Community Development Department, provided that no appeal has been filed during such time. In the event the Heritage Commission recommends denial of the application, the Director of Community Development shall notify the applicant that the requested permit will not be granted. (e) Appeal. Any recommendations issued by the Heritage Commission with respect to the granting or denial of a permit may be appealed by the applicant or any interested person to the Planning Commission. The appeal shall be taken by filing with the Community Development Department a written notice thereof within fifteen (15) days from the date the Heritage Commission delivers its recommendation to the Community Development Department. The notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, together with a filing fee to cover the adminis- trative cost of handling the appeal. Upon receipt of the -18- i S 411 notice of appeal and filing fee, the Secretary of the Plan- ning Commission shall set the appeal for hearing at the next available regular meeting of the Planning Commission that falls not less than fifteen (15) days after the date of filing the notice of appeal. The Planning Commission shall conduct a hearing de novo on the appeal and may adopt, reject or modify the recommendations of the Heritage Commission. The decision of the Planning Commission may be further appealed to the City Council by either the applicant or any interested person. The appeal shall be taken by filing with the City Clerk a written notice thereof within fifteen (15) days from the date the Planning Commission renders its decision. The notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, together with a filing fee to cover the adminis- trative cost of handling the appeal. The appeal shall be set for hearing at the next available regular meeting of the City Council that falls not less than fifteen (15) days after the date of filing the notice of appeal. The City Council may conduct a hearing de novo on the appeal and may affirm, reverse or modify the decision of the Planning Commission. (f) Permit Criteria. The Director of Community Develop- ment, on the recommendation of the Heritage Commission, or the Planning Commission or City Council on appeal, shall authorize issuance of a permit, or a conditional permit, if and only if, it is determined that: (1) The proposed work is consistent with the purposes and objectives of this Ordinance; or (2) In the case of any property located within a designated landmark area, heritage lane or historic district, the proposed work does not adversely affect -19- 410 410 110 411, the character of such area, lane or district; or (3) In the case of construction of a new building, structure or other improvement upon a designated landmark area, heritage lane or historic district, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of existing buildings, structures and improvements located within the designated area, lane or district. (g) Hardship. Notwithstanding subparagraph (f) of this Section 9, the Director of Community Development, on the recommendation of the Heritage Commission, or the Planning Commission or City Council on appeal, may approve an applica- tion for a permit to conduct any proposed work upon or within a designated heritage resource, if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work or because of conditions peculiar to the particular improvement, building, structure', topography or other feature involved. If a hardship is found to exist under this Section, the Heritage Commission or the Planning Commission or City Council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding. Section 10. Fees. The City Council shall by resolution adopt a schedule of fees to be charged for the filing and processing of applications for designation as a heritage lane or historic district, applica- tions for termination of designation, applications for any permit required under Section 8 of this Ordinance, and appeals to the Planning Commission and City Council pursuant to subparagraph 9 (e) -20- • • IIP 110 (-40, of this Ordinance. Section 11. Ordinary Maintenance and Repair . Nothing in this Ordinance shall be construed to prevent the ordinary maintenance, painting, landscaping or repair of any exterior feature in or upon any designated heritage resource that does not involve a change in design, material or the external appearance thereof, nor does this Ordinance prevent the construc- tion, reconstruction, alteration, restoration, demolition or removal of any such heritage resource which has been certified by the Saratoga Building Inspector, or Fire Chief, or Code Enforcement Officer as being in unsafe or dangerous condition which cannot be rectified through use of the California Historical Building Code. Section 12. Duty to Keep in Good Repair. The owner , occupant or the person in actual charge of a designated historic landmark or property located within a desig- nated heritage lane or historic district shall keep and maintain in good condition and repair all exterior portions thereof, all interior portions thereof when subject to special regulation or control as specified in the designating ordinance or permit,, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature. Section 13. Enforcement. The Saratoga Community Development Department shall have authority to enforce the provisions of this Ordinance, and any other laws, rules or regulations of the City of Saratoga which govern or relate to the issuance of permits for work to be performed upon or within a heritage resource, by any or all of the following means: (a) Serving notice upon the owner or occupant of a heritage resource requiring the correction or removal of any -21- . • • • • violation of this Ordinance; (b) Authorizing and instructing the City Attorney to initiate appropriate legal proceedings against any person who violates this Ordinance, including actions for injunctive relief to restrain or enjoin such violation. (c) Request enforcement assistance from the Santa Clara County Sheriff's Department and the Saratoga Code Enforcement Officer. Section 14. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason heldtiby a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. * * * * * * _22_ 64, 411 • 410 • Fo The foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Saratoga held 4th November on the day of , 1981, by the follow- ing vote: AYES, and in favor thereof, Councilmembers: Clevenger, Mallory, Watson, Mayor Callon NOES, Councilmembers: Jensen ABSENT, Councilmembers None re Mayor ATTEST: el 44 City Clerk 4, cTotireyT7,. .,f,ore,rioein.,Q is a true and correct livnich has been 2-3-Dalt-e -23-