Section 7-307 Penalty
7-307.A. Penalties Authorized. Any person who intentionally causes, intentionally permits, or knowingly fails to prevent the unauthorized demolition, removal, or relocation of a rated structure which the person owns or leases, or who has knowingly permitted demolition by neglect of any rated structure which such person owns or leases, or who has violated any provision of this Division is guilty of a misdemeanor and shall be punished in the Telluride Municipal Court by a fine in an amount not to exceed one thousand dollars ($1,000.00), or imprisonment of up to ninety (90) days, or both.
7-307.B. Moratorium Authorized. Upon conviction, pursuant to subsection A of this Section, of an owner of a rated structure for unauthorized demolition, removal, relocation, or demolition by neglect of a rated structure, H.A.R.C. shall be authorized to impose a ten (10) year moratorium on issuance of building permits or certificates of occupancy upon the property on which the structure was demolished, removed from, or relocated from.
7-307.C. Hearing. Such moratorium may be imposed only after a public hearing preceded by five (5) days’ prior written notice mailed to the owner by registered mail. An affirmative vote of a majority of the members present and voting shall be required in order to impose any such moratorium; provided, that at least four (4) members actually vote. Imposition of a moratorium shall be subject to the appeal provisions of Section 5-207.
7-307.D. Temporary Moratorium Authorized. Upon the commencement of any prosecution in Municipal Court pursuant to subsection A of this Section, H.A.R.C. may impose a temporary moratorium on the issuance of building permits or certificates of occupancy for the property on which the rated structure was demolished, removed, or relocated from. Such moratorium shall remain in effect for the duration of the prosecution and any appeal therefrom. Upon application by an owner or lessee of the property subject to a temporary moratorium, H.A.R.C. shall conduct a hearing to determine whether the moratorium should be terminated or modified. Such hearing shall be conducted within two (2) weeks of a request therefor.
7-307.E. Record Notice. Notice of the imposition and duration of any moratorium imposed pursuant to subsection B of this Section shall be recorded with the San Miguel County Clerk and Recorder.
7-307.F. Suspension of Moratorium Authorized. No sooner than one (1) year after imposition of the moratorium pursuant to subsection B of this Section, H.A.R.C. may suspend, reduce, or terminate a moratorium on issuance of a building permit or certificate of occupancy, with or without conditions, after considering the following factors:
7-307.F.1. The impact of the demolition or removal upon the historical integrity and architectural character of the National Historic Landmark District, the THLD, and the neighborhood area;
7-307.F.2. Factual circumstances concerning the cause of the demolition or removal, as may be identified by investigation of the Building Official or Fire Marshal;
7-307.F.3. Whether the demolition or removal would have been approved by H.A.R.C. had an application been submitted;
7-307.F.4. Whether the purposes of the moratorium have been achieved; and
7-307.F.5. The effect of a moratorium as an incentive to the owner to restore or rehabilitate any remaining portion of the demolished or relocated structure, if such action would substantially contribute to the historical integrity and architectural character of the THLD.
7-307.G. Penalties Cumulative. The penalty provisions of this Section are cumulative, and are in addition to any other remedies at law or in equity, or any other judicial or administrative remedies (including abatement) which may be available to the Town.