15-14 Replace Chp. 1134 Historic Preservation Districts

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(b) Demolition or removal of a principal structure on a residential property(s) in a designated HPD or HP shall comply with the regula- tions set forth within this Chapter and those in Section 1133.09. 1134.09 RESCISSION OF A DESIGNATION OR DETERMINA- TION. Notwithstanding any provision of this Chapter to the contrary, the Commission may rescind the designation or determination of any area, place, building, public interior portion of a building, or structure, work of art or other object as an HPD or HP by majority vote by finding of one or more of the following: (a) that the designated HPD or HD does not meet the designation criteria or to protect the public interest in re- sponse to changed circumstances since the designation decision was made; (b) prejudicial procedural error in the designation process; or (c) professional or clerical error in the designation. This rescission act of the Commission shall relieve the owner of such property from any du- ties or penalties. 1134.10 EXCLUSIONS. (a) If the forthwith demolition of a structure is required by an action authorized by the Public Safety Director of the City to protect the pub- lic health or safety, said action shall take precedence over the provi- sions of this Chapter. (b) Nothing in this Chapter shall be construed to prevent the correction of any deterioration or damage to an area, place, building, public interi- or portion of a building, structure, work of art or other object and resto- ration to its condition prior to such deterioration or damage. 1134.11 FEES. The fees for an HPD or HP application for a Certificate of Appropri- ateness shall be pursuant to Section 1173.06. 1134.12 AFFIRMATIVE MAINTENANCE. Every owner, operator, or agent of any property which has been deter- mined HPD or HP shall keep in good repair all of the exterior portions and all interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portion or public interior portion of such area, place, building, or structure, work of art or other object to deterio- rate, decay or become damaged or otherwise fall into a state of disre- pair. Every owner, operator or agent of any property which has been determined HPD or HP shall further keep in good repair all portions of any area, place, building, public interior portion of a building, structure, work of art or other object which, if not so maintained, may cause or tend to cause such portions to deteriorate, decay, or become damaged or otherwise fall into a state of disrepair. The repair and maintenance required by this section includes, without limitation: (a) Developing and implementing a maintenance and monitoring plan for protecting each portion of any area, place, building, public interior portion of a building, or structure, work of art or other object.