178
2
LEGISLACION EN AMERICA
179
LEGISLACION EN AMERICA
2
ANEXO 1 | RECOPILACION DE NORMAS
INDICE
may request the corporation counsel to institute all necessary actions and/or proceedings to
restrain, correct or abate such violation or potential violation, to compel compliance with such
order and/or to seek civil penalties pursuant to this chapter. The corporation counsel may insti-
tute such actions or proceedings as may be necessary and appropriate for such purposes.
2.
Such actions and proceedings may be instituted by the corporation counsel in the name of
the city in any court of appropriate jurisdiction. In such actions or proceedings, the city may
apply for restraining orders, preliminary injunctions or other provisional remedies, with or
without notice.
e.
Notice of violation; presumptive evidence. In any action or proceeding founded upon a claim
by the chair that any law or rule enforceable by the commission has been violated, or that a lawful
order issued by the chair has not been complied with, a notice of violation shall be presumptive
evidence of any matter stated therein.
f.
In addition to police officers, officers and employees of the commission and employees of other
city agencies designated by the chair may enforce the provisions of this chapter and may issue
summonses and appearance tickets returnable in the criminal court and notices of violation
returnable before the environmental control board, the office of administrative trials and hearings or
other administrative tribunal having jurisdiction.
§ 25-318 Reports by commission on plans for proposed projects.
a.
Plans for the construction, reconstruction, alteration or demolition of any improvement or proposed
improvement which:
1.
is owned by the city or is to be constructed upon property owned by the city; and
2.
is or is to be located on a landmark site or in an historic district or contains an interior land-
mark; shall, prior to city action approving or otherwise authorizing the use of such plans with
respect to securing the performance of such work, be referred by the agency of the city hav-
ing responsibility for the preparation of such plans to the commission for a report. Such report
shall be submitted to the mayor, the city council and to the agency having such responsibility
and shall be published in the City Record within forty-five days after such referral.
b.
1.
No officer or agency of the city whose approval is required by law for the construction or effectua-
tion of a city-aided project shall approve the plans or proposal for, or application for approval of,
such project, unless, prior to such approval, such officer or agency has received from the com-
mission a report on such plans, proposal or application for approval.
2.
All such plans, proposals or applications for approval shall be referred to the commission for
a report thereon before consideration of approval thereof is undertaken by any such officer or
agency, and the commission shall submit its report to each such officer and agency and such
report shall be published in the City Record within forty-five days after such referral.
c.
Except as provided in subdivision d of section 25-303, where the commission so requests, plans
for the construction, reconstruction, alteration or demolition of any landscape feature of a scenic
landmark shall, prior to city action approving or otherwise authorizing the use of such plans with
respect to securing the performance of such work, be referred by the agency of the city having
responsibility for the preparation of such plans to the commission for a report. Such report shall
be submitted to the mayor, the city council and to the agency having such responsibility and shall
be published in the City Record within forty-five days after such referral. No such report shall
recommend disapproval of any such plans where land contour work or earthwork is necessary
in order to conform with applicable laws concerning regulation of lots, storm water disposal and
water courses. The commissioner of parks and recreation may request an advisory report concern-
ing work proposed to be performed on, or in the vicinity of, a scenic landmark, and such report shall
be published in the City Record.
d.
In addition to the powers conferred by this chapter, the commission shall have the powers specifi-
cally conferred upon it by chapter thirty-seven of the charter.
§ 25-319 Regulations.
The commission may from time to time promulgate, amend and rescind such regulations as it may
deem necessary to effectuate the purposes of this chapter, including, but not limited to, regulations:
a.
for the protection, preservation, enhancement, and perpetuation and use of landmarks, interior land-
marks, scenic landmarks and historic districts, subject to the provisions of section 25-304 of this chapter.
Such regulations may apply to one or more historic districts or to one or more portions of an his-
toric district and may vary from area to area in their provisions;
b.
relating to the determination of the earning capacity of improvement parcels by the commis-
sion pursuant to section 25-309 of this chapter;
c.
relating to the procedures of the commission in carrying out its functions, powers and duties under
this chapter, including procedures for the giving of notice by the commission by mail or otherwise,
where notice is required by this chapter; and
d.
relating to forms to be used in proceedings before the commission.
§ 25-320 Investigations and reports.
The commission may make such investigations and studies of matters relating to the protection,
enhancement, perpetuation or use of landmarks, interior landmarks, scenic landmarks and historic
districts, and to the restoration of landmarks, interior landmarks, scenic landmarks and buildings
in historic districts as the commission may, from time to time, deem necessary or appropriate for
the effectuation of the purposes of this chapter, and may submit reports and recommendations as to
such matters to the mayor and other agencies of the city. In making such investigations and stud-
ies, the commission may hold such public hearings as it may deem necessary or appropriate.
§ 25-321 Applicability.
The provisions of this chapter shall be inapplicable to the construction, reconstruction, alteration or
demolition of any improvement on a landmark site or in a historic district or containing an interior
landmark, or of any landscape feature of a scenic landmark, where a permit for the performance of such
work was issued by the department of buildings, or, in the case of a landscape feature of a scenic land-
mark, where plans for such work have been approved, prior to the effective date of the designation,
or amended or modified designation, pursuant to the provisions of section 25-303 of this chapter, first
making the provisions of this chapter applicable to such improvement or landscape feature or to the
improvement parcel or property in which such improvement or landscape feature is or is to be located.
§ 25-322 Notification; lease notification.
a.
Upon designation by the commission of any improvement or property as a landmark and of any
landmark site, interior landmark or historic district, or any amendment of such designation, the
owner of such improvement or property shall be notified in writing of such designation by the
commission. Such notice shall be sent to the owner or owners at his or her or their last known ad-
dress 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 sent to the street address of the improve-
ment parcel or property in question, addressed to «Owner». The failure by the commission to
give notice of designation as required by this subdivision shall not invalidate or affect any actions
or proceedings pursuant to this chapter relating to such improvement parcel or property, except
that no action or proceeding pursuant to subparagraph d of this section shall be commenced until
thirty days after such notice has been given.
b.
It shall be the duty of the owner or person in charge of an improvement or property that is a
landmark, interior landmark or is located on a landmark site or within an historic district to ensure
that every lease or sublease, or renewal thereof, between the owner or such other person in charge
as lessor and a nonresidential tenant as lessee and concerning such improvement or property shall
contain a notice, conspicuously set forth therein, stating that in accordance with sections
25-305, 25-306, 25-309 or 25-310 of this chapter the lessee must obtain a permit from the commis-
sion before commencing any exterior or interior work on the improvement or property, except for
ordinary repair and maintenance as that term is defined in subdivision r of section 25-302 of this
chapter. When an improvement or property is designated a landmark, interior landmark or as
part of an historic district during the term of a lease or sublease of all or a portion of such improve-
ment or property, the lessor of such lease or sublease shall, within thirty days after being notified
in writing of such designation by the commission or a person in charge, send a written notice as
described above to all nonresidential lessees of such lessor.
Such notice shall be sent by certified or registered mail, return receipt requested to all nonresi-
dential lessees on the first two floors of the improvement or property, and shall be sent to all
