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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
of the landmark site with respect to which the request for a certificate of appropriateness was
filed, and shall promptly notify the applicant of such action.
b.
If, within ninety days after transmission of such recommendation, or, if no such recommendation
is transmitted, within ninety days after the expiration of the period herein prescribed for such
transmission, the city does not give notice, pursuant to section three hundred eighty-two of
the charter, of an application to condemn such interest or any other appropriate protective inter-
est agreed upon by the mayor and the commission, or does not enter into a contract with the
owner of such improvement parcel to acquire such interest, as so recommended and agreed
upon; the commission shall promptly grant, issue and forward to the owner, in lieu of the certifi-
cate of appropriateness requested by the applicant, a notice to proceed.
5.
Such notice to proceed shall authorize the work of demolition, alteration, and/or reconstruction
sought with respect to the improvement parcel or parcels concerning which the application was
made, only if such work
a.
is undertaken and performed by the purchaser or tenant specified pursuant to the provisions
of paragraph two of subdivision a of this section, in the application, or a bona-fide assignee,
successor, lessee or sub-lessee of such purchaser or tenant (other than the owner who made
application therefor), and (b) is undertaken and performed with reasonable promptness after the
issuance of such notice to proceed.
§ 25-310 Regulation of minor work.
a.
1.
Except as otherwise provided in section 25-312 of this chapter, it shall be unlawful for any person
in charge of an improvement located on a landmark site or in an historic district or containing
an interior landmark to perform any minor work thereon, or to cause or permit such work to
be performed, and for any other person to perform any such work thereon or cause same to
be performed, unless the commission has issued a permit, pursuant to this section, authorizing
such work.
2.
It shall be unlawful for any person in charge of any such improvement to maintain same or
cause or permit same to be maintained in the condition created by any work done in violation of
the provisions of paragraph one of this subdivision a.
b.
The owner of an improvement desiring to obtain such a permit, or any person authorized by the
owner to perform such work, may file with the commission an application for such permit, which
shall include such description of the proposed work, as the commission may prescribe. The appli-
cant shall submit such other information with respect to the proposed work as the commission
may from time to time require. The commission shall promptly transmit such application to
the department of buildings, which shall, as promptly as is practicable, certify to the commission
whether a permit for such proposed work, issued by such department, is required by law. If such
department certifies that such a permit is required, the commission shall deny such application,
and shall promptly give notice of such determination to the applicant. If such department certi-
fies that no such permit is required, the commission shall determine such application as herein-
after provided.
c.
1.
The commission shall determine:
a.
Whether the proposed work would change, destroy or affect any exterior architectural feature
of an improvement located on a landmark site or in an historic district or interior architectural
feature of an improvement containing an interior landmark; and
b.
If such work would have such effect, whether judged by the standards set forth in subdivi-
sions b, c, d and e of section 25-307 of this chapter with respect to an improvement of similar
classification hereunder, such work would be appropriate for and consistent with the effectua-
tion of the purposes of this chapter.
2.
If the commission determines the question set forth in subparagraph (a) of paragraph one
of this subdivision c in the negative, or determines the question set forth in subparagraph (b)
of such paragraph in the affirmative, it shall grant such permit, and it shall deny such permit if
it determines such question set forth in subparagraph (a) in the affirmative and determines
such question set forth in subparagraph (b) in the negative.
d.
The procedure of the commission in making its determination with respect to any such applica-
tion shall be as prescribed in subparagraph two of subdivision a of section 25-306 of this chapter,
except that any period of thirty days referred to in such subparagraph shall, for the purposes of
this subdivision d, be deemed to be twenty days.
e.
The provisions of this section shall be inapplicable to any improvement mentioned in subdivi-
sion a of section 25-318 of this chapter and to any city-aided project.
§ 25-311 Maintenance and repair of improvements.
a.
Every person in charge of an improvement on a landmark site or in an historic district shall keep in
good repair
1.
all of the exterior portions of such improvement and
2.
all interior portions thereof which, if not so maintained, may cause or tend to cause the
exterior portions of such improvement to deteriorate, decay or become damaged or otherwise to
fall into a state of disrepair.
b.
Every person in charge of an improvement containing an interior landmark shall keep in good repair
1.
all portions of such interior landmark and
2.
all other portions of the improvement which, if not so maintained, may cause or tend to cause
the interior landmark contained in such improvement to deteriorate, decay or become damaged
or otherwise fall into a state of disrepair.
c.
Every person in charge of a scenic landmark shall keep in good repair all portions thereof.
d.
The provisions of this section shall be in addition to all other provisions of law requiring any such
improvement to be kept in good repair.
§ 25-312 Remedying of dangerous conditions.
a.
In any case where the department of buildings, the fire department or the department of health and
mental hygiene, or any officer or agency thereof, or any court on application or at the instance of
any such department, officer or agency, shall order or direct the construction, reconstruction,
alteration or demolition of any improvement on a landmark site or in an historic district or containing
an interior landmark, or the performance of any minor work upon such improvement, for the purpose
of remedying conditions determined to be dangerous to life, health or property, nothing contained
in this chapter shall be construed as making it unlawful for any person, without prior issuance of
a certificate of no effect on protected architectual features or certificates of appropriateness or
permit for minor work pursuant to this chapter, to comply with such order or direction.
b.
The department of buildings, fire department or department of health and mental hygiene, as
the case may be, shall give the commission as early notice as is practicable, of the proposed issuance
or issuance of any such order or direction.
§ 25-313 Public hearings; conferences.
a.
The commission shall give notice of any public hearingwhich it is required or authorized to hold under the
provisions of this chapter by publication in the City Record for at least ten days immediately prior thereto.
The owner of any improvement parcel on which a landmark or a proposed landmark is situated or
which is a part of a landmark site or proposed landmark site or which contains an interior land-
mark or proposed interior landmark, or any property which includes a scenic landmark or proposed
scenic landmark shall be given notice of any public hearing relating to the designation of such
proposed landmark, landmark site, interior landmark or scenic landmark, the amendment to any
designation thereof or the proposed rescission of any designation or amendment thereto. Such
notice may be served by the commission by registered mail addressed to the owner or owners at
his or her or their last known address or addresses, as the same appear in the records of the office
of the commissioner of finance or if there is no name in such records, such notice may be served by
ordinary mail addressed to «Owner» at the street address of the improvement parcel or property in
question. Failure by the commission to give such notices shall not invalidate or affect any proceed-
ings pursuant to this chapter relating to such improvement parcel or property.
b.
At any such public hearing, the commission shall afford a reasonable opportunity for the pre-
sentation of facts and the expression of views by those desiring to be heard, and may, in its discre-
tion, take the testimony of witnesses and receive evidence; provided, however, that the commission,
in determining any matter as to which any such hearing is held, shall not be confined to consider-
ation of the facts, views, testimony or evidence submitted at such hearing.
