Ord 2019-032/on first and final reading, amending Ordinance No. 2019-19 that established a 90-day waiting period before a permit may be issued for the demolition or removal of certain buildings that are identified as medium or high preservation priority b

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historic significance or contributes to the historic significance of the building of which it is a part. In such event notice of the hearing and of the initial request will be provided in accordance with Section 5. At the hearing, the commission shall evaluate the request by applying the same criteria for consideration of a certificate of appropriateness under Chapter 2 Article 5 Division 5 of Subpart B of the San Marcos City Code. If the commission finds that the part of the building is not of historic significance or does not contribute to the historic significance of the building of which it is a parta demolition permit may immediately be issued without further notice. SECTION 9 The requirements of this ordinance shall not apply to the demolition of a building, or part of er addition to such building, the condition of which is determined by the Chief Building Official or the Fire Marshal to be an imminent threat to public safety. SECTION 10. It is a violation of this ordinance to demolish or remove a building described in Section 3, or part of of dditie to such building, without having been issued a permit from the city specifically authorizing the demolition or removal. A person who violates this ordinance shall be subject to a fine not to exceed $2,000.00. A culpable mental state is not required to establish a violation of this ordinance. SECTION 11. In addition to the assessment of any criminal penalties, the city may pursue any remedies available at law or in equity, including injunctive relief, to enforce the provisions of this ordinance. SECTION 12. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 12. All ordinances and resolution or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 13. Ordinance No. 2019-19, as hereby amended, is extended until and expires 90 days from the date of adoption of this ordinance unless sooner repealed and replaced by an amendment to the San Marcos City Code concerning the same subject matter. SECTION 14. The importance of this ordinance creates an emergency and an imperative public necessity, and the provisions of the Charter requiring that ordinances be presented at two separate meetings are waived, and this ordinance will take effect upon adoption with only one reading.