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FEB -21-2002 10:53 CITY OF SB MAYORS OFFICE <br />TO: HISTORIC PRESERVATION COMMISSION DATE: -February 21, 2002 <br />FROM: THOMAS L. BODNAR `7t43 f je <br />ASSISTANT CITY ATTORNEY <br />I have two recommended changes for the ordinance as presented. <br />P.01/01 <br />The first is that a new Section II be added (the current Section II be renumbered as <br />Section III). The new section is necessary to eliminate the overlap which will result without the <br />amendment and the possible double jeopardy defense which could be raised. There is, at this time, a <br />§22.166(x) which provides for fines for: <br />"Any person or anyone acting in behalf thereof who violates or fans to <br />comply with any of the provisions of this chapter, with the exception of <br />the provisions of Article 8 subdivisions..." <br />The penalties provided for are somewhat different from this neer ordinance. The Historic Preservation <br />Commission was established under the Article under the zoning code. Therefore, these fines at this <br />time would apply to violations with which we are involved. The amendment is a simple one, After <br />"Subdivisions" we would need to add the words: <br />"and of Article 6.5, Historic Preservation Commission." <br />The second change is to eliminate the phrase "and Minimum Maintenance Violations" <br />from the title of the ordinance. Without a further and more substantial amendment of the ordinance, <br />there is no violation of the ordinance for failing to maintain maintenance standards. §21-117.2(e)(7) <br />says the Commission shall petition the Building Commissioner and the Department of Code <br />Enforcement to require repair standards at a certain address. §21-117.2(f) provides that we may <br />establish reasonable and just standards for the preservation of landmarks concerning such things as <br />alteration, demolition, and removal, but does not mention repair nor does it mention minimum <br />maintenance. In short, it is foolhardy to acquire a power to enforce our maintenance standards when <br />the ordinance does not allow us to establish minimum maintenance standards. <br />K.NWPDATA\TLV43I 4 PC ORD MIN Ma taLfrm <br />