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LEGISLACION EN AMERICA
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LEGISLACION EN AMERICA
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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
conditions have been created or are being maintained in violation of this chapter, or
3.
there has been a failure to take action to prevent conditions that are in violation of this chapter.
Such administrative tribunal shall have the power to impose civil penalties in accordance with
this chapter. A judgment of an administrative tribunal imposing civil penalties may be enforced
by the commencement of a civil action or proceeding in a court or as otherwise authorized by
the applicable law governing the procedures of such administrative tribunal. Prior to serving
a notice of violation, the chair shall serve a warning letter upon a respondent either person-
ally or by mail in the manner provided by the rules of the commission. The warning letter shall
inform the respondent that the chair believes the respondent has violated the provisions
of this chapter, shall describe generally the allegedly illegal conditions and/or activities, shall
warn the respondent that the law authorizes civil penalties for such violations, and shall provide
the respondent with a grace period for removing or applying for a permit to legalize or otherwise
address the allegedly illegal conditions. No such warning letter shall be required prior to the
service of a notice of violation where
i.
the subject violation is a second or subsequent offense,
ii.
the subject violation is alleged to be an intentional violation, or
iii.
the chair is seeking civil penalties for failure to comply with a stop work order, issued pursuant to
this chapter.
2.
Except as otherwise specifically provided in this chapter, where a respondent has been found li-
able for or admitted liability to a violation of this chapter in an administrative proceeding, a
civil penalty for such violation shall be imposed in accordance with the schedule set forth below.
a.
Type A and Type B violations.
i.
First offense.The respondent shall be liable for a civil penalty of not more than five thousand dollars.
ii.
Second and subsequent offenses. The respondent shall be liable for a civil penalty of not more
than two hundred fifty dollars a day for each day that a condition underlying a prior violation
continues to exist, measured from the date the respondent was found liable for or admitted li-
ability to the prior violation, but in no event shall the civil penalty be less than the maximum
possible penalty for a first offense.
b.
Type C violation.
i.
First offense. The respondent shall be liable for a civil penalty of not more than five hundred dollars.
ii.
Second and subsequent offenses. The respondent shall be liable for a civil penalty of not more than
fifty dollars a day for each day that a condition underlying a prior violation continues to exist,
measured from the date the respondent was found liable for or pled guilty to the prior violation,
but in no event shall the civil penalty be less than the maximum possible penalty for a first offense.
3.
Notwithstanding the penalty schedule set forth above, the chair may, in his or her discretion,
for good cause shown, recommend that a lesser or no civil penalty be imposed on a respon-
dent in an administrative proceeding.
4.
Restrictions on service of notice of violation for second or subsequent offense.
a.
The chair shall not serve a notice of violation for a second or subsequent offense unless
i.
more than twenty-five days have elapsed since the respondent was found liable or admitted li-
ability in the prior proceeding and
ii.
where the respondent in the prior proceeding has submitted an application to the commission
for an appropriate approval to legalize or to undertake the work necessary to cure the condition
underlying the prior proceeding, more than thirty days have elapsed since such application has
been disapproved or denied in whole or in part or if granted, such approval by its terms has
expired. If the respondent has filed more than one such application with the commission, the
thirty day period shall commence after the first such application has been disapproved or denied
in whole or in part or, if granted, by its terms has expired.
b.
Nothing in this subdivision shall prohibit the chair, subject to the rules of the administrative
tribunal having jurisdiction over the proceeding, from serving an amended notice of violation
for the purpose of clarifying the allegedly illegal conditions referred to in the prior notice of
violation, or from serving a subsequent notice of violation that alleges separate violations of this
chapter. An amended notice of violation shall be returnable on the same date and before the
same administrative body as the initial notice of violation.
5.
Multiple violations incurred for the same work. If work, reasonably identified in a notice
of violation, was done without an appropriate approval from the commission, the total amount
of any civil penalty for such work shall be determined by, to the extent feasible, separately
considering and assessing a penalty for each type of work and/or each distinct effect on the
protected features of the landmark, interior landmark or improvement in an historic district. In
no event shall the civil penalty exceed five thousand dollars for a first offense.Where the re-
spondent is the owner, separate penalties shall not be assessed for each type of work and/or each
distinct effect if the illegal work was performed during a period of time when the premises
were leased to and under the control of a person other than the owner.
6.
Grace period.
a.
No civil penalty shall be imposed in an administrative proceeding for a first violation if prior
to the return date of the notice of violation, the respondent concedes liability for the violation
and supplies the commission with proof, satisfactory to the commission, that the violation has
been corrected. If the respondent makes any misrepresentation or omission of a material fact
to the commission regarding the removal of the violation, the respondent shall be liable for a
civil penalty of not more than ten thousand dollars.
b.
No civil penalty shall be imposed in an administrative proceeding for a first violation if prior to the return
date of the notice of violation the respondent concedes liability for the violation and submits an applica-
tion to the commission for approval to legalize or to undertake thework necessary to cure the violation.
c.
The provisions of this paragraph shall not apply to a second or subsequent offense or where the
respondent is alleged to have violated a stop work order or where the respondent has after the
issuance of a warning letter pursuant to paragraph one of subdivision (b) of section 25-317.1 ap-
plied for and received a permit to cure or otherwise address a violation, and the respondent has
failed to cure the violation pursuant to the terms of such permit.
§ 25-317.2 Violations of landmarks laws: enforcement.
a.
Stop-work orders.
1.
An order to stop work may be issued by the chair, or his or her authorized representative, at
any time when the chair reasonably believes that work is being performed in violation of the
provisions of this chapter. Each order issued by the chair shall have his or her signature affixed
thereto, but the chair may authorize any subordinate to affix such signature.
2.
Such order may be given orally or in writing to a person in charge or apparently in charge of the
improvement or involved in the work being performed thereon or may be served on the owner or
person in charge of the improvement parcel as otherwise provided in the commission’s rules.
The police department and the department of buildings shall, upon the request of the chair,
assist the chair in the enforcement of such orders.Where the order is given orally a written notice
of such order shall be mailed to the person to whom the order was addressed or affixed to the
premises where the violation occurred within forty-eight hours after service of such oral order.
b.
Contents of orders. All stop work orders issued by the chair shall identify the allegedly illegal con-
ditions 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 circum-
stances, sufficient to inform a reasonable person that
1.
work has been or is being done without an appropriate approval from the commission or
2.
conditions have been created or are being maintained in violation of this chapter. The order
shall also identify the subject premises by the tax block and lot or street address, and shall
be addressed to a person in charge of the improvement, or to a person who is alleged to have
created the illegal conditions or performed, authorized, overseen or permitted the illegal work.
The chair may issue a separate order to each person who, as a result of the same condition or
work, is alleged to have violated the provisions of this chapter.
c.
In addition to any of the remedies or penalties provided for in this section, failure to comply with a
stop work order shall be subject to the payment of a civil penalty in the sum of five hundred dollars
for each day there is non-compliance, to be recovered in a civil action brought in the name of the
chair or in an administrative proceeding before the office of administrative trials and hearings, the
environmental control board or other administrative tribunal having jurisdiction.
d.
Enforcement proceedings.
1.
Upon the violation of any provision of this chapter, or the failure to comply with any stop-work
order issued by the chair thereunder, or whenever any person is about to engage in or is engag-
ing in any act or practice that may constitute a violation of any provision of this chapter, the chair
