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LEGISLACION EN AMERICA
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LEGISLACION EN AMERICA
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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
c.
The commission may delegate to any member or members thereof the power to conduct any
such public hearing and to hold any conference required to be held under the provisions of sections
25-306 and 25-310 of this chapter.
d.
The commission, may, in its discretion, direct that notice of any such public hearing on a request for
a certificate of appropriateness, or on any plan formulated by the commission in relation thereto,
be given by the applicant to such owners of property in the neighborhood of the improvement or
improvement parcel to which such request relates, as the commission deems proper.When so di-
rected, the applicant shall mail a notice of such hearing to such owners, at their last known address-
es, as the same appear in the records of the office of the commissioner of finance, and shall likewise
mail a notice of such hearing to persons who have filed written requests for such notice with the
commission. A reasonable period of time, as prescribed by the regulations of the commission,
shall be afforded the applicant for giving notice of such hearing to such owners and persons. Any
failure to give or receive such notice shall not invalidate any such hearing or any determination
made by the commission with respect to such request for a certificate or with respect to such plan.
§ 25-314 Extension of time for action by commission.
Whenever, under the provisions of this chapter, the commission is required or authorized, within a
prescribed period of time, to make any determination or perform any act in relation to any request
for a certificate of no effect on protected architectural features, a certificate of appropriateness or a
permit for minor work, the applicant may extend such period of time by his or her written consent filed
with the commission.
§ 25-315 Determinations of the commission; notice thereof.
a.
Any determination of the commission granting or denying a certificate of no effect on protected
architectural features, a certificate of appropriateness or a permit for minor work shall set forth
the reasons for such determination.
b.
The commission shall promptly give notice of any such determination, and of any preliminary
determination of insufficient return made pursuant to paragraph one of subdivision a of section
25-309 of this chapter, to the applicant. Such notice shall include a copy of such determination.
c.
Subject to the provisions of section 25-304 of this chapter, any determination of the commission
granting a certificate of no effect on protected architectural features, a certificate of appropriateness
or a permit for minor work may prescribe conditions under which the proposed work shall be done,
in order to effectuate the purposes of this chapter, and may include recommendations by the com-
mission as to the performance of such work, provided that the provisions of this subdivision shall
not apply to any notice to proceed granted pursuant to the provisions of subdivisions g and i of
section 25-309 of this chapter.
§ 25-316 Transmission of certificates and applications to proper city agency.
In any case where a certificate of no effect on protected architectural features, certificate of ap-
propriateness or notice to proceed is granted by the commission to an applicant who has filed with
the commission a copy of an application for a permit from the department of buildings, the commis-
sion shall transmit such certificate or a copy of such notice to the department of buildings. In any case
where any such certificate or notice is granted to an applicant who has filed an application for a special
permit with the city planning commission or the board of standards and appeals pursuant to article
seven of the zoning resolution, the commission shall transmit such certificate or a copy of such notice
to the planning commission or the board of standards and appeals, as the case may be.
§ 25-317 Criminal punishments and fines.
a.
Any person who violates any provision of subdivision a of section 25-305 of this chapter or any order
issued by the chair with respect to such provisions shall be guilty of a misdemeanor and shall be
punished by a fine of not more than ten thousand dollars and not less than five thousand dollars,
or by imprisonment for not more than one year, or by both such fine and imprisonment.
b.
Any person who violates any provision of subdivision a of section 25-310 of this chapter or any
provision of section 25-311 or any order issued by the chair with respect to such provisions shall be
punished, for a first offense, by a fine of not more than one thousand dollars and not less than five
hundred dollars or by imprisonment for not more than thirty days, or by both such fine and im-
prisonment, and shall be punished for a second or subsequent offense, by a fine of not more than
five thousand dollars or less than two thousand five hundred dollars, or by imprisonment for not
more than ninety days, or by both such fine and imprisonment.
c.
Any person who willfully makes any false statement or an omission of material fact in an applica-
tion or request to the commission for a certificate, permit or other approval or in any document
submitted to the commission certifying the correction of a violation, shall be punished by a fine
of not more than five thousand dollars or less than one thousand dollars, or by imprisonment for not
more than ninety days, or by both such fine and imprisonment.
d.
For the purposes of this subdivision, each day during which there exists any violation of the provisions
of paragragh three of subdivision a of section 25-305 of this chapter or paragraph two of subdivision a
of section 25-310 of this chapter or any violation of the provisions of section 25-311 of this chapter or
any order issued by the chair with respect to such provisions shall constitute a separate violation.
§ 25-317.1 Civil penalties.
a.
Any person who violates any provision of sections 25-305, 25-310 or 25-311 or subdivision c of section
25-317 of this chapter or any order issued by the chair with respect to such provisions shall be liable
for a civil penalty which may be recovered by the corporation counsel in a civil action in any court
of competent jurisdiction. Such civil penalty shall be determined as follows:
1.
The defendant shall be liable for a civil penalty of up to the fair market value of the improve-
ment parcel, with or without the improvement, whichever is greater, where in violation of such
provision or order:
a.
all or substantially all of an improvement on a landmark site or within a historic district has been
demolished;
b.
work has been performed or a condition created or maintained which significantly impairs the
structural integrity of an improvement on a landmark site or within a historic district;
c.
work has been performed or a condition created or maintained which results in the destruction,
removal or significant alteration of more than fifty percent of the square footage of two
facades of an improvement on a landmark site or within a historic district, including party and
sidewalls; or
d.
the defendant has failed to take action to prevent any condition described in subparagraph a, b
or c of this paragraph from occurring.
2.
Where, in violation of such provision or order, work is performed or a condition is created or
maintained which results in the destruction, removal or significant alteration of a significant
portion of the protected features identified in the designation report of an interior landmark,
the defendant shall be liable for a civil penalty equal to two times the estimated cost of
replicating the protected features that were demolished, removed or altered.
3.
All other violations. The defendant shall be liable for a civil penalty of not more than five thou-
sand dollars.
4.
For the purposes of this subdivision, each day during which there exists any violation of the provi-
sions of paragraph three of subdivision a of section 25-305 of this chapter or paragraph two of sub-
division a of section 25-310 of this chapter or subdivision a, b or c of section 25-311 of this chapter
or any order issued by the chair with respect to such provisions shall constitute a separate violation.
b.
In addition to or as an alternative to any of the remedies and penalties provided in this chapter,
any person who violates any provision of sections 25-305, 25-310 or 25-311 or subdivision c of
section 25-317 of this chapter or any order issued by the chair with respect to such provisions shall
be liable for a civil penalty which may be recovered in an administrative proceeding before the of-
fice of administrative trials and hearings, the environmental control board or other administrative
tribunal having jurisdiction as hereinafter provided.
1.
An administrative proceeding for civil penalties shall be commenced by the service of a
notice of violation in accordance with the applicable law and rules governing the procedures of
the administrative tribunal before which the notice of violation is returnable or as otherwise
provided by the rules of the commission. The notice of violation shall identify the allegedly
illegal conditions or work with reasonable specificity. As used in this subdivision, the term
«reasonable specificity» shall mean a description of work or conditions, reasonably described
given the circumstances, sufficient to inform a reasonable person that
1.
work has been or is being done without an appropriate approval from the commission, (2)
