BOISE, Idaho —
Editors note: This article originally appeared in the Idaho Press.
Boise's historic preservation code has new teeth. On Tuesday, Boise City Council members approved new penalties for violating the code, which regulates improvements or demolitions of both residential and commercial properties within Boise’s 10 historic districts.
City staff now can enforce a six-month construction delay when rules are broken, such as when historic trees are removed or historic buildings are demolished without permits.
Previously, city staff had little authority to penalize violators of the code. Rule-breakers could face a $1,000 fine, but city officials said fines are difficult to implement, and they aren't much of a deterrent, anyway.
The council unanimously approved the new penalties Tuesday. Boise's Historic Preservation Commission also was supportive.
Councilman Patrick Bageant said, "Rather than imposing a uniform fine for everybody that obviously affects different people differently based on their means, it imposes essentially a stop-work order, which slows and delays the development, can cause all kinds of problems and is really cumbersome for everybody in an equal way."
Preservation advocates recently have called for stronger enforcement of the historic preservation code, after homes in the North End and East End were demolished, or partially demolished, and 10 mature trees were removed without permits.
The new rules allow the city’s planning division to require a report, to identify the violations and recommend rehabilitative measures (such as planting new trees). The city’s planning director could then implement a project delay for up to six months, pending the completion of the report and following a public hearing.
Neighborhood associations in the north and east ends along with the nonprofit Preservation Idaho advised city staff on creating a cohesive set of penalties, said Paula Benson, Preservation Idaho board president.
"We have been frustrated by the lack of enforcement of protections that should be in place in local historic districts," Benson said in a phone interview. "This is an appropriate movement forward to just make sure people understand what the rules are, that it's their responsibility to understand those rules when they purchase or own a home in a local historic district and that there will be consequences if violations are done, whether they were intentional or not."
This article originally appeared in the Idaho Press. Read more at IdahoPress.com
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