4.512 Appeal; penalties

  1. Appeal to Appeals Board
    1. Any owner dissatisfied with any action of the Historic and Cultural Landmarks Commission, other than actions relating to designation, which shall be heard by the Historic and Cultural Landmarks Commission, the Zoning Commission and the City Council in accordance with Section 4.503, shall have the right to appeal to the  Appeals Board within ten days after receipt of notification of such action, by filing a written notice of such appeal with the City Secretary and the Historic Preservation Officer.  The written notice of appeal shall specify:
      1. That the decision of the commission is unreasonable, either in whole or in part; and
      2. The grounds for the appeal.
    2. The Appeals Board shall schedule a hearing on such appeal within 30 days after receipt of the notice of appeal, or as soon thereafter as is reasonably practicable.  Notice of such hearing shall be published by the City Secretary in the City’s official newspaper not less than the 15th day before the date of the hearing.  The Historic Preservation Officer shall forward to the Appeals Board a complete record of the matter being appealed, including a transcript of the tape of the hearing before the Historic and Cultural  Landmark Commission.  In considering an appeal, the Appeals Board shall:
      1. Hear and consider testimony and evidence concerning the previous recommendations and actions of the city staff and the landmark commission.
      2. Hear new testimony and consider new evidence that was not available at the time of the hearing before the Historic and Cultural Landmarks Commission;
      3. Give deference to the decision of the Historical and Cultural Landmarks Commission, considering the record made before the Historic and Cultural Landmarks Commission. The Appeals Board may uphold, reverse or modify the decision of the Historic and Cultural Landmarks Commission within 30 days of the appeal hearing unless a continuance is agreed to by the owner.
    3. A hearing before the Appeals Board shall exhaust the administrative remedies of the property owner under this title.
  2. Fines. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with the provisions of this article shall be fined not more than $500.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
  3. Restrictions on future development. If a structure designated highly significant endangered, historic and cultural landmark or demolition delay or located within the boundaries of an historic and cultural landmarks district is demolished or relocated without a certificate of appropriateness, then the following restrictions shall be applicable to the site where the structure or property was formerly located:
    1. No building or other permits will be issued for construction on the site, with the exception of a permit to restore such structure or property after obtaining a certificate of appropriateness, for a period of three years after the date of such demolition or removal.
    2. No permits shall be issued by the city for any curb cuts on the site for a period of three years from and after the date of such demolition or removal.
    3. No parking lot for vehicles shall be operated on the site for a period of three years from and after the date of such demolition or removal.
    4. The owner of the site shall maintain the site in a clean and orderly state and shall properly maintain all existing trees and landscaping on the site. When these restrictions become applicable to a particular site, the historic preservation officer shall cause to be filed a verified notice thereof in the real property records of the county where the site is located and such restrictions shall then be binding on future owners of the property. The restrictions imposed by this paragraph shall be in addition to any fines imposed pursuant to paragraph B above.
  4. Cumulative remedies. The provisions of this section shall apply in addition to other enforcement procedures or penalties which are available at law or in equity, including, but not limited to, those available for adversely affecting historic structures or property under section 315.006 of the Texas Local Government Code and section 442.016 of the Texas Government Code.