Chapter 3 - LANDMARKS PRESERVATION AND HISTORIC DISTRICTS

Section 25-301

Section 25-301

  §  25-301  Purpose  and  declaration  of public policy. a. The council
finds that many improvements, as herein defined, and landscape features,
as herein defined, having a special character or a special historical or
aesthetic interest or  value  and  many  improvements  representing  the
finest  architectural products of distinct periods in the history of the
city, have been uprooted, notwithstanding the feasibility of  preserving
and  continuing the use of such improvements and landscape features, and
without adequate consideration of the irreplaceable loss to  the  people
of  the  city of the aesthetic, cultural and historic values represented
by such improvements and landscape features. In addition, distinct areas
may be similarly uprooted or may have their  distinctiveness  destroyed,
although the preservation thereof may be both feasible and desirable. It
is  the  sense  of the council that the standing of this city as a world
wide  tourist  center  and  world  capital  of  business,  culture   and
government   cannot  be  maintained  or  enhanced  by  disregarding  the
historical and architectural heritage of the city and  by  countenancing
the destruction of such cultural assets.
  b.  It  is  hereby  declared  as  a  matter  of public policy that the
protection,  enhancement,  perpetuation  and  use  of  improvements  and
landscape  features  of  special  character  or  special  historical  or
aesthetic interest or value is a public necessity and is required in the
interest of the health, prosperity, safety and welfare  of  the  people.
The  purpose  of  this  chapter  is  to  (a)  effect  and accomplish the
protection,  enhancement  and  perpetuation  of  such  improvements  and
landscape  features and of districts which represent or reflect elements
of the city's cultural, social, economic,  political  and  architectural
history;  (b)  safeguard  the  city's  historic,  aesthetic and cultural
heritage, as embodied and  reflected  in  such  improvements,  landscape
features  and  districts;  (c)  stabilize and improve property values in
such  districts;  (d)  foster  civic  pride  in  the  beauty  and  noble
accomplishments  of  the  past;  (e)  protect  and  enhance  the  city's
attractions to tourists and visitors and the  support  and  stimulus  to
business  and  industry  thereby provided; (f) strengthen the economy of
the city; and (g) promote the  use  of  historic  districts,  landmarks,
interior  landmarks and scenic landmarks for the education, pleasure and
welfare of the people of the city.

Section 25-302

Section 25-302

  §  25-302  Definitions.  As  used in this chapter, the following terms
shall mean and include:
  a. "Alteration." Any of the acts  defined  as  an  alteration  by  the
building code of the city.
  b.  "Appropriate  protective  interest."  Any  right or interest in or
title to an improvement parcel or any part thereof, including,  but  not
limited  to, fee title and scenic or other easements, the acquisition of
which by the city is determined by the commission to  be  necessary  and
appropriate for the effectuation of the purpose of this chapter.
  c.  "Capable  of  earning  a  reasonable return." Having the capacity,
under  reasonably  efficient  and  prudent  management,  of  earning   a
reasonable  return.  For  the  purposes  of this chapter, the net annual
return, as defined in subparagraph (a) of paragraph three of subdivision
v of this section, yielded by an  improvement  parcel  during  the  test
year,  as  defined  in  subparagraph  (b)  of  such  paragraph, shall be
presumed to be the earning capacity of such improvement parcel,  in  the
absence  of  substantial  grounds  for  a  contrary determination by the
commission.
  c-1. "Chair." The chair of the landmarks preservation commission.
  d. "City-aided project." Any physical  betterment  of  real  property,
which:
  (1)  may not be constructed or effected without the approval of one or
more officers or agencies of the city; and
  (2) upon completion, will be owned in whole or in part by  any  person
other than the city; and
  (3)  is  planned  to  be constructed or effected, in whole or in part,
with any form of aid furnished  by  the  city  (other  than  under  this
chapter),  including,  but  not  limited to, any loan, grant, subsidy or
other mode of financial assistance, exercise of  the  city's  powers  of
eminent  domain,  contribution  of city property, or the granting of tax
exemption or tax abatement; and
  (4) will  involve  the  construction,  reconstruction,  alteration  or
demolition of any improvement in a historic district or of a landmark.
  e. "Commission." The landmarks preservation commission.
  f.  "Day."  Any  day  other  than a Saturday, Sunday or legal holiday;
provided,  however,  that  for  the  purposes  of  section  25-303   and
subdivision  d  of  section 25-317 of this chapter, the term "day" shall
mean every day in the week.
  f-1. "Designation report." The report prepared by the  commission  and
used as a basis for designating a landmark or historic district pursuant
to this chapter.
  g.  "Exterior architectural feature." The architectural style, design,
general arrangement and components of all of the outer  surfaces  of  an
improvement,  as  distinguished  from  the interior surfaces enclosed by
said exterior surfaces, including, but not limited to, the  kind,  color
and  texture  of  the  building  material  and the type and style of all
windows, doors, lights, signs and other  fixtures  appurtenant  to  such
improvement.
  h. "Historic district." Any area which:
  (1) contains improvements which:
  (a)  have  a  special  character  or  special  historical or aesthetic
interest or value; and
  (b) represent one or more periods or styles of architecture typical of
one or more eras in the history of the city; and
  (c) cause such area, by  reason  of  such  factors,  to  constitute  a
distinct section of the city; and
  (2)  has  been  designated  as  a  historic  district  pursuant to the
provisions of this chapter.

  i. "Improvement." Any building, structure, place, work of art or other
object constituting a physical betterment of real property, or any  part
of such betterment.
  j.  "Improvement parcel." The unit of real property which (1) includes
a physical betterment constituting an improvement and the land embracing
the site thereof, and (2) is treated as a single entity for the  purpose
of   levying   real  estate  taxes,  provided  however,  that  the  term
"improvement parcel" shall also include  any  unimproved  area  of  land
which is treated as a single entity for such tax purposes.
  k. "Interior." The visible surfaces of the interior of an improvement.
  l.  "Interior architectural feature." The architectural style, design,
general arrangement and components of an interior,  including,  but  not
limited to, the kind, color and texture of the building material and the
type  and  style of all windows, doors, lights, signs and other fixtures
appurtenant to such interior.
  m. "Interior landmark." An interior, or  part  thereof,  any  part  of
which  is  thirty  years  old or older, and which is customarily open or
accessible to the public, or to which the public is customarily invited,
and which has a special historical or aesthetic  interest  or  value  as
part  of  the  development,  heritage or cultural characteristics of the
city, state or nation, and which has  been  designated  as  an  interior
landmark pursuant to the provisions of this chapter.
  n.  "Landmark." Any improvement, any part of which is thirty years old
or older, which  has  a  special  character  or  special  historical  or
aesthetic  interest  or  value  as  part of the development, heritage or
cultural characteristics of the city, state or  nation,  and  which  has
been  designated  as  a  landmark  pursuant  to  the  provisions of this
chapter.
  o. "Landmark site." An improvement parcel or part thereof on which  is
situated  a landmark and any abutting improvement parcel or part thereof
used as and constituting part of the premises on which the  landmark  is
situated,  and  which has been designated as a landmark site pursuant to
the provisions of this chapter.
  p. "Landscape feature." Any grade, body of water, stream, rock, plant,
shrub, tree, path, walkway, road, plaza, fountain,  sculpture  or  other
form of natural or artificial landscaping.
  q. "Minor work." Any change in, addition to or removal from the parts,
elements  or  materials  comprising  an  improvement, including, but not
limited  to,   the   exterior   architectural   features   or   interior
architectural  features  thereof  and,  subject  to and as prescribed by
regulations of the  commission  if  and  when  promulgated  pursuant  to
section  25-319  of  this chapter, the surfacing, resurfacing, painting,
renovating, restoring or rehabilitating of  the  exterior  architectural
features  or interior architectural features or the treating of the same
in any manner  that  materially  alters  their  appearance,  where  such
change,  addition  or  removal  does not constitute ordinary repairs and
maintenance and is of such nature  that  it  may  be  lawfully  effected
without a permit from the department of buildings.
  q-1. "Offense." As used in the phrase "second and subsequent offense",
a  violation  encompassing  some  or  all  of  the conditions or actions
described or encompassed by a prior notice of violation or summons.  For
purposes  of  this  definition,  there  shall  be a presumption that the
conditions encompassed by a second or subsequent offense  have  been  in
existence  for  each  day  between  the  time  the  respondent admits to
liability or is found liable for or guilty of the prior offense and  the
time the second or subsequent notice of violation or summons is served.
  r. "Ordinary repairs and maintenance." Any:
  (1) work done on any improvement; or

  (2) replacement of any part of an improvement;
for which a permit issued by the department of buildings is not required
by  law,  where the purpose and effect of such work or replacement is to
correct any deterioration or decay of or damage to such  improvement  or
any  part  thereof and to restore same, as nearly as may be practicable,
to its condition prior to the occurrence of such deterioration, decay or
damage.
  s. "Owner." Any person or persons having such right to,  title  to  or
interest in any improvement so as to be legally entitled, upon obtaining
the  required  permits  and  approvals  from  the  city  agencies having
jurisdiction over building construction, to perform with respect to such
property any demolition,  construction,  reconstruction,  alteration  or
other  work  as to which such person seeks the authorization or approval
of the commission pursuant to section 25-309 of this chapter.
  t. "Person in charge." The person or persons possessed of the freehold
of an improvement or improvement parcel or a lesser  estate  therein,  a
mortgagee   or  vendee  in  possession,  assignee  of  rents,  receiver,
executor, trustee,  lessee,  agent  or  any  other  person  directly  or
indirectly in control of an improvement or improvement parcel.
  u.  "Protected  architectural  feature."  Any  exterior  architectural
feature of a landmark  or  any  interior  architectural  feature  of  an
interior landmark.
  v.  "Reasonable  return." (1) A net annual return of six per centum of
the valuation of an improvement parcel.
  (2) Such valuation shall be the current assessed valuation established
by the city, which is in effect at the time of the filing of the request
for a certificate of appropriateness; provided that:
  (a) The commission may make a determination that the valuation of  the
improvement  parcel  is an amount different from such assessed valuation
where there has been a reduction in the assessed valuation for the  year
next  preceding  the effective date of the current assessed valuation in
effect at the time of the filing of such request; and
  (b) The commission may make a determination  that  the  value  of  the
improvement  parcel  is  an amount different from the assessed valuation
where there has been a bona fide sale of such parcel within  the  period
between  March  fifteenth, nineteen hundred fifty-eight, and the time of
the filing of such request, as the result  of  a  transaction  at  arm's
length, on normal financing terms, at a readily ascertainable price, and
unaffected  by  special  circumstances  such  as,  but not limited to, a
forced sale, exchange of property, package deal, wash sale or sale to  a
cooperative.  In  determining  whether  a  sale  was on normal financing
terms, the commission shall give  due  consideration  to  the  following
factors:
  (1)  The  ratio  of the cash payment received by the seller to (a) the
sales price of the improvement parcel and (b) the  annual  gross  income
from such parcel;
  (2)  The  total  amount  of  the outstanding mortgages which are liens
against the improvement parcel (including purchase money  mortgages)  as
compared with the assessed valuation of such parcel;
  (3)  The  ratio  of  the sales price to the annual gross income of the
improvement parcel, with consideration given, where the  improvement  is
subject  to  residential  rent  control,  to  the  total  amount of rent
adjustments previously granted, exclusive of rent adjustments because of
changes  in  dwelling  space,  services,  furniture,   furnishings,   or
equipment, major capital improvements, or substantial rehabilitation;
  (4) The presence of deferred amortization in purchase money mortgages,
or the assignment of such mortgages at a discount;

  (5)  Any other facts and circumstances surrounding such sale which, in
the judgment of the commission, may have a bearing upon the question  of
financing.
  (3) For the purposes of this subdivision v:
  (a)  Net  annual return shall be the amount by which the earned income
yielded by the  improvement  parcel  during  a  test  year  exceeds  the
operating  expenses  of such parcel during such year, excluding mortgage
interest and amortization, and excluding allowances for obsolescence and
reserves, but including an allowance for depreciation of two per  centum
of  the assessed value of the improvement, exclusive of the land, or the
amount shown for depreciation of the improvement in the latest  required
federal  income  tax return, whichever is lower; provided, however, that
no allowance for depreciation of the improvement shall be included where
the improvement has  been  fully  depreciated  for  federal  income  tax
purposes or on the books of the owner; and
  (b)  Test year shall be (1) the most recent full calendar year, or (2)
the owner's most recent fiscal  year,  or  (3)  any  twelve  consecutive
months  ending  not more than ninety days prior to the filing (a) of the
request for a certificate, or (b) of an application for a renewal of tax
benefits pursuant to the provisions of section 25-309 of  this  chapter,
as the case may be.
  w.  "Scenic landmark." Any landscape feature or aggregate of landscape
features, any part of which is thirty years old or older, which  has  or
have  a special character or special historical or aesthetic interest or
value as part of the development, heritage or  cultural  characteristics
of  the  city,  state  or  nation and which has been designated a scenic
landmark pursuant to the provisions of this chapter.
  x. As used in section 25-317.1:
  (1) "Type A violation." Except as otherwise defined by  the  rules  of
the  commission,  the  following  work  done  or  condition  created  or
maintained in violation of this chapter without an appropriate  approval
from the commission:
  (a)  the  removal  of  or  alterations  to,  except  for  painting,  a
significant portion of an  exterior  architectural  feature,  including,
without limitation thereof, removal of or alterations to:
  (i)  the  windows  on  a single facade or, where original, historic or
special windows exist, the removal of or alterations  to  a  significant
portion  of  such  original,  historic  or  special  windows on a single
facade;
  (ii) a decorative element made of metal, glass, wood,  brick,  ceramic
and/or  stone  including, without limitation thereof, a cornice, lintel,
grille or molding;
  (iii) the paving stones or curbstones of a stone sidewalk;
  (iv) an exterior doorway or stoop;
  (v) a wall, fence, railing, porch, balcony or roof, including dormers,
bays, gables and parapets; and
  (vi) a storefront,  but  not  including  the  installation  of  signs,
awnings, flagpoles or banners;
  (b)  the  removal  of  or  alterations  to  a significant portion of a
protected  feature  of  an  interior  landmark  as  described   in   the
designation report;
  (c) the construction of all or a portion of a new building, structure,
addition  or  any  other  improvement  on  a landmark site or within the
boundaries of a historic district. Without limiting  the  generality  of
the  foregoing,  any  significant  modification  of the existing bulk or
envelope of a building shall be a violation under this paragraph;
  (d) the elimination by paving or other construction of  a  significant
portion  of  an  area-way,  planting area, or front, rear or side yards,

where such feature  is  a  significant  component  of  the  landmark  or
historic district;
  (e)  where  the improvement is not a building or an interior landmark,
the  removal  of  or  alterations  to  a  significant  portion  of  such
improvement;
  (f)  the  failure  to submit to the commission any periodic inspection
report required under the terms of a restrictive declaration recorded in
connection  with  any  zoning  permit,  certification  or  authorization
granted to an improvement under the jurisdiction of the commission.
  (2)  "Type  B  violation". Except as otherwise defined by the rules of
the commission, the failure to maintain an improvement in a condition of
good repair in violation of section 25-311 of this  chapter,  and  where
such  condition  results  or  may result in significant deterioration of
either a significant portion of the improvement or a character-defining,
protected, architectural feature of such improvement.
  (a) For purposes of this subdivision, and without limiting  the  scope
thereof,  the term "significant deterioration" shall include the failure
to maintain:
  (i) the improvement in a structurally sound or reasonably  water-tight
condition; or
  (ii)  a  character-defining,  protected,  architectural  feature  in a
structurally sound or  reasonably  water-tight  condition  or  otherwise
failing to preserve the integral historic material of such feature.
  (b)   For   purposes   of  this  subdivision,  the  term  "significant
deterioration" shall not include:
  (i) any condition  that  may  permit  some  water  penetration  and/or
evidence  slight  structural  deterioration,  unless  such condition has
existed over a period of time such that it has  led  or  may  reasonably
lead  to  significant  water  penetration  or  structural  damage  to  a
significant part of a facade or roof; or
  (ii)  the  failure  to  maintain   a   small   part   of   a   single,
character-defining,  protected, architectural feature or a small portion
of the decorative, architectural features of the improvement taken as  a
whole.
  (3)  "Type  C violation". All other violations of this chapter, except
for violations of section 25-311 of this chapter.

Section 25-303

Section 25-303

  §   25-303   Establishment  of  landmarks,  landmark  sites,  interior
landmarks, scenic landmarks and historic districts. a. For  the  purpose
of  effecting  and furthering the protection, preservation, enhancement,
perpetuation and use of landmarks, interior landmarks, scenic  landmarks
and  historic districts, the commission shall have power, after a public
hearing:
  (1) to designate and, as herein provided in subdivision j, in order to
effectuate  the  purposes  of  this  chapter,   to   make   supplemental
designations  as  additions to, a list of landmarks which are identified
by a description setting forth the general characteristics and  location
thereof;
  (2)  to  designate  and,  in  order to effectuate the purposes of this
chapter, to make supplemental designations as additions to,  a  list  of
interior  landmarks,  not  including  interiors  utilized  as  places of
religious worship, which are identified by a description  setting  forth
the general characteristics and location thereof;
  (3)  to  designate  and,  in  order to effectuate the purposes of this
chapter, to make supplemental designations as additions  to  a  list  of
scenic  landmarks,  located  on  property  owned  by the city, which are
identified by a description setting forth  the  general  characteristics
and location thereof; and
  (4)  to  designate  historic districts and the location and boundaries
thereof, and, in order to effectuate the purposes of  this  chapter,  to
designate  changes  in  such  locations  and  boundaries  and  designate
additional historic districts and the location and boundaries thereof.
  b. It shall be the duty of the commission, after a public hearing,  to
designate  a  landmark  site  for  each  landmark  and  to designate the
location and boundaries of such site.
  c. The commission shall have power, after a public hearing,  to  amend
any  designation made pursuant to the provisions of subdivisions a and b
of this section.
  d. The commission may, after a public hearing, whether at the time  it
designates  a  scenic  landmark  or  at any time thereafter, specify the
nature of any construction, reconstruction, alteration or demolition  of
any  landscape  feature  which  may be performed on such scenic landmark
without prior issuance of a report pursuant to subdivision c of  section
25-318.  The commission shall have the power, after a public hearing, to
amend  any  specification  made  pursuant  to  the  provisions  of  this
subdivision.
  e.  Subject to the provisions of subdivisions g and h of this section,
any designation or amendment of a designation  made  by  the  commission
pursuant  to  the  provisions of subdivisions a, b and c of this section
shall be in full force and  effect  from  and  after  the  date  of  the
adoption thereof by the commission.
  f.  Within  ten  days  after  making any such designation or amendment
thereof, the commission shall file a copy of same with the council,  the
department  of  buildings,  the  city  planning commission, the board of
standards and appeals, the fire department and the department of  health
and mental hygiene.
  g.  (1)  Within  sixty  days  after  such  filing,  the  city planning
commission shall (a) hold a public hearing on any such designation of  a
historic  district  and  (b)  shall  submit to the council a report with
respect to the relation of  such  designation,  whether  of  a  historic
district  or a landmark, interior landmark, scenic landmark, or landmark
site, or  amendment  of  such  designation  to  the  zoning  resolution,
projected public improvements and any plans for the development, growth,
improvement   or  renewal  of  the  area  involved.  The  city  planning
commission shall include with any such  report  its  recommendation,  if

any,  for  council  action  with  respect  to  any such designation of a
historic district.
  (2)  The  council  may  modify  or  disapprove  by  majority  vote any
designation of the commission or amendment thereof  within  one  hundred
twenty days after a copy thereof is filed with the council provided that
the  city  planning commission has submitted the report required by this
subdivision or that sixty days have elapsed  since  the  filing  of  the
designation  or  amendment  with  the  council. All votes of the council
pursuant to this subdivision shall be filed  by  the  council  with  the
mayor  and  shall  be  final unless disapproved by the mayor within five
days of such filing. Any such disapproval by the mayor shall be filed by
the mayor with the council  and  shall  be  subject  to  override  by  a
two-thirds  vote  of  the council within ten days of such filing. If the
council shall disapprove such designation or amendment, such designation
or amendment shall continue in full force and effect until the time  for
disapproval  by  the  mayor  has expired; provided, however, that if the
mayor disapproves such council disapproval, it shall  continue  in  full
force  and  effect unless the council overrides the mayor's disapproval.
If  the  council  shall  modify  such  designation  or  amendment,  such
designation  or amendment as adopted by the commission shall continue in
full force and effect until the time for disapproval by  the  mayor  has
expired,  and  after  such  time  such  modification shall be in effect;
provided,  however,  that  if  the  mayor   disapproves   such   council
modification,  the designation or amendment as adopted by the commission
shall continue in full force and effect unless the council overrides the
mayor's disapproval, and in the event of override the modification shall
take effect on and after the date of such override.
  h. (1) The commission shall have power, after  a  public  hearing,  to
adopt  a  resolution  proposing  rescission, in whole or in part, of any
designation or  amendment  or  modification  thereof  mentioned  in  the
preceding  subdivisions  of this section. Within ten days after adopting
any such resolution, the commission shall file a copy thereof  with  the
council and the city planning commission.
  (2)  Within sixty days after such filing, the city planning commission
shall submit to the council a report with respect  to  the  relation  of
such  proposed rescission of any such designation, whether of a historic
district or a landmark, interior landmark, scenic landmark  or  landmark
site,  or  amendment  or modification thereof, to the zoning resolution,
projected public improvements and any plans for the development, growth,
improvement, or renewal of the area involved.
  (3) The council  may  approve,  disapprove  or  modify  such  proposed
rescission within one hundred twenty days after a copy of the resolution
proposing  same  is  filed  with  the  council,  provided  that the city
planning  commission  has  submitted  the  report   required   by   this
subdivision  or  that  sixty  days have elasped since the filing of such
resolution. Failure to take action on such  proposed  rescission  within
such  one hundred twenty-day period shall be deemed a vote to disapprove
such proposed rescission. All votes of  the  council  pursuant  to  this
subdivision  shall  be  filed by the council with the mayor and shall be
final unless disapproved by the mayor within five days of  such  filing.
Any  such  mayoral  disapproval  shall  be  filed  by the mayor with the
council and shall be subject to override by a  two-thirds  vote  of  the
council  within  ten days of such filing. If such proposed rescission is
approved or modified by the council,  such  rescission  or  modification
thereof  shall  not  take  effect  until the time for disapproval by the
mayor has expired; provided, however, that if the mayor disapproves such
rescission or modification, it shall not take effect unless the  council
overrides  the  mayor's  disapproval.  If  such  proposed  rescission is

disapproved by the council, it shall not take effect  unless  the  mayor
disapproves  such  council disapproval and the council fails to override
the mayor's disapproval.
  i.  The  commission  may  at any time make recommendations to the city
planning commission with respect to amendments of the provisions of  the
zoning resolution applicable to improvements in historic districts.
  j.  All  designations  and  supplemental  designations  of  landmarks,
landmark  sites,  interior  landmarks,  scenic  landmarks  and  historic
districts  made  pursuant  to  subdivision  a  shall be made pursuant to
notices of public hearings given, as  provided  in  section  25-313.  In
addition  to  such  notice, the commission shall give notice to the city
planning commission, all affected community boards and the office of the
borough president in whose borough the property or district  is  located
in advance of any public hearing relating to such designations.
  k. Upon its designation of any improvement parcel as a landmark and of
any  landmark  site,  interior  landmark,  scenic  landmark  or historic
district or any amendment of any such designation or rescission thereof,
the commission shall cause to be recorded in the office of the  register
of  the  city of New York in the county in which such landmark, interior
landmark, scenic landmark or district lies, or in the case of landmarks,
interior landmarks, scenic landmarks and  districts  in  the  county  of
Richmond in the office of the clerk of said county of Richmond, a notice
of  such  designation,  amendment  or  rescission  describing  the party
affected by, in the case of the county of Richmond, its land  map  block
number or numbers, and its tax map, block and lot number or numbers, and
in  the case of all other counties, by its land map block and lot number
or numbers.

Section 25-304

Section 25-304

  §  25-304  Scope  of commission's powers. a. Nothing contained in this
chapter shall be construed as authorizing the commission, in acting with
respect to any historic district or improvement therein, or in  adopting
regulations  in  relation  thereto,  to regulate or limit the height and
bulk of buildings, to regulate and determine the area of  yards,  courts
and  other open spaces, to regulate density of population or to regulate
and restrict the locations of  trades  and  industries  or  location  of
buildings designed for specific uses or to create districts for any such
purpose.
  b. Except as provided in subdivision a of this section, the commission
may,  in  exercising or performing its powers, duties or functions under
this chapter with respect to any improvement in a historic  district  or
on  a landmark site or containing an interior landmark, or any landscape
feature of a scenic landmark, apply  or  impose,  with  respect  to  the
construction,  reconstruction,  alteration,  demolition  or  use of such
improvement or landscape  feature  or  the  performance  of  minor  work
thereon,  regulations,  limitations,  determinations or conditions which
are more restrictive than those prescribed or made  by  or  pursuant  to
other provisions of law applicable to such activities, work or use.

Section 25-305

Section 25-305

  §  25-305  Regulation of construction, reconstruction, alterations and
demolition. a. (1) Except as otherwise provided in paragraph two of this
subdivision a, it shall be unlawful  for  any  person  in  charge  of  a
landmark  site or an improvement parcel or portion thereof located in an
historic district or any part of an improvement containing  an  interior
landmark  to alter, reconstruct or demolish any improvement constituting
a part of such site or constituting a part of such  parcel  and  located
within such district or containing an interior landmark, or to construct
any  improvement  upon land embraced within such site or such parcel and
located within such district, or to cause or permit any such work to  be
performed  on  such  improvement  or  land,  unless  the  commission has
previously issued a certificate of no effect on protected  architectural
features,  a  certificate  of  appropriateness  or  a  notice to proceed
authorizing such work, and it shall be unlawful for any other person  to
perform such work or cause same to be performed, unless such certificate
or notice has been previously issued.
  (2)  The  provisions  of paragraph one of this subdivision a shall not
apply to any improvement mentioned in subdivision a of section 25-318 of
this chapter, or to any city-aided project, or in cases subject  to  the
provisions of section 25-312 of this chapter.
  (3)  It  shall be unlawful for the person in charge of any improvement
or land mentioned in paragraph one of this  subdivision  a  to  maintain
same  or  cause or permit same to be maintained in the condition created
by any work in violation of the provisions of such paragraph one.
  b. (1) Except in the case of any improvement mentioned in  subdivision
a  of  section  25-318  of  this  chapter  and  except  in the case of a
city-aided project, no application shall be approved and  no  permit  or
amended  permit  for  the  construction,  reconstruction,  alteration or
demolition of any improvement located or to be  located  on  a  landmark
site or in an historic district or containing an interior landmark shall
be  issued  by  the department of buildings, and no application shall be
approved and no special  permit  or  amended  special  permit  for  such
construction,  reconstruction  or  alteration, where required by article
seven of the zoning resolution, shall be granted by  the  city  planning
commission  or  the board of standards and appeals, until the commission
shall have issued  either  a  certificate  of  no  effect  on  protected
architectural  features, a certificate of appropriateness or a notice to
proceed pursuant to the provisions of this chapter as  an  authorization
for such work.
  c. (1) A copy of every application or amended application for a permit
to  construct, reconstruct, alter or demolish any improvement located or
to be located  on  a  landmark  site  or  in  an  historic  district  or
containing  an interior landmark shall, at the time of the submission of
the original thereof to the department of buildings,  be  filed  by  the
applicant  with  the  commission.  A  copy  of  every application, under
article seven of the zoning resolution, for a  special  permit  for  any
work  which  includes  the construction, reconstruction or alteration of
any such improvement shall, at  the  time  of  the  submission  of  such
application  or  amended  application of the city planning commission or
the board of standards and appeals, as the case may be,  be  filed  with
the commission.
  (2)  Every  such  copy  of an application or amended application filed
with the commission shall include plans and specifications for the  work
involved,  or  such  other  statement  of  the proposed work as would be
acceptable by the department of buildings pursuant to the building code.
The applicant shall furnish the commission with such  other  information
relating  to  such  application  as the commission may from time to time
require.

  (3)  Together  with  the  copies  of  such  application   or   amended
application,  every  such  applicant  shall  file  with the commission a
request for a  certificate  of  no  effect  on  protected  architectural
features or a certificate of appropriateness in relation to the proposed
work specified in such application.

Section 25-306

Section 25-306

  §  25-306  Determination  of  request  for certificate of no effect on
protected architectural features. a. (1) In any case where an  applicant
for a permit from the department of buildings to construct, reconstruct,
alter  or  demolish any improvement on a landmark site or in an historic
district or containing an interior  landmark,  or  an  applicant  for  a
special  permit  from  the  city  planning  commission  or  the board of
standards and appeals authorizing any  such  work  pursuant  to  article
seven  of  the zoning resolution, or amendments thereof, files a copy of
such application or amended application with  the  commission,  together
with a request for a certificate of no effect on protected architectural
features,  the commission shall determine: (a) whether the proposed work
would change, destroy or affect any exterior  architectural  feature  of
the  improvement  on  a  landmark site or in an historic district or any
interior architectural feature of the interior landmark upon which  said
work  is  to  be  done;  and  (b)  in  the case of construction of a new
improvement, whether such construction would affect or not be in harmony
with the external appearance of other, neighboring improvements on  such
site  or in such district. If the commission determines such question in
the negative, it shall grant such certificate; otherwise, it shall  deny
such request.
  (2)  Within  thirty  days  after  the  filing  of such application and
request, the commission shall either grant  such  certificate,  or  give
notice  to  the  applicant  of  a  proposed denial of such request. Upon
written demand of the applicant filed  with  the  commission  after  the
giving  of notice of a proposed denial, the commission shall confer with
the  applicant.  The  commission  shall  determine  the  request  for  a
certificate  within  thirty  days  after the filing of such demand. If a
demand is not filed within ten days after the giving of  notice  of  the
proposed denial, the commission shall determine such request within five
days after the expiration of such ten-day period.
  (3)  In the event of a denial of such a certificate, the applicant may
file with the commission a request for a certificate of  appropriateness
with respect to the proposed work specified in such application.

Section 25-307

Section 25-307

  § 25-307 Factors governing issuance of certificate of appropriateness.
a.   In  any  case  where  an  applicant  for  a  permit  to  construct,
reconstruct, alter or demolish any improvement on a landmark site, or in
an historic district or containing  an  interior  landmark,  files  such
application   with   the  commission  together  with  a  request  for  a
certificate of appropriateness, and in any case where a  certificate  of
no  effect  on  protected  architectural  features  is  denied  and  the
applicant thereafter, pursuant to the provisions of  section  25-306  of
this  chapter, files a request for a certificate of appropriateness, the
commission  shall  determine  whether  the  proposed   work   would   be
appropriate  for and consistent with the effectuation of the purposes of
this chapter. If the commission's determination is in the affirmative on
such question, it shall grant a certificate of appropriateness,  and  if
the  commission's  determination  is  in the negative, it shall deny the
applicant's request, except as otherwise provided in section  25-309  of
this chapter.
  b.  (1)  In  making  such  determination  with  respect  to  any  such
application for a permit to construct, reconstruct, alter or demolish an
improvement in an historic district, the commission shall  consider  (a)
the  effect  of  the  proposed work in creating, changing, destroying or
affecting the exterior architectural features of  the  improvement  upon
which  such  work  is  to  be done, and (b) the relationship between the
results of such work and the exterior architectural features  of  other,
neighboring improvements in such district.
  (2)  In appraising such effects and relationship, the commission shall
consider, in addition to any other pertinent  matters,  the  factors  of
aesthetic,   historical   and  architectural  values  and  significance,
architectural style, design, arrangement, texture, material and color.
  (3) All determinations of the commission pursuant to this  subdivision
b  shall  be  made  subject  to the provisions of section 25-304 of this
chapter, and the commission, in making any such determination, shall not
apply any regulation, limitation, determination or restriction as to the
height and bulk of buildings, the area of yards, courts  or  other  open
spaces, density of population, the location of trades and industries, or
location  of  buildings  designed  for  specific  uses,  other  than the
regulations, limitations, determinations and  restrictions  as  to  such
matters  prescribed  or  made by or pursuant to applicable provisions of
law,  exclusive  of  this  chapter;  provided,  however,  that   nothing
contained  in  such  section  25-304  or  in this subdivision b shall be
construed as limiting the power of the commission to deny a request  for
a  certificate  of  appropriateness  for  demolition or alteration of an
improvement in an historic district (whether or not  such  request  also
seeks  approval,  in such certificate, of construction or reconstruction
of any improvement), on the ground that such  demolition  or  alteration
would be inappropriate for and inconsistent with the effectuation of the
purposes  of  this  chapter,  with  due  consideration  for  the factors
hereinabove set forth in this subdivision b.
  c. In making the determination referred to in subdivision  a  of  this
section  with  respect  to  any  application  for a permit to construct,
reconstruct, alter or demolish any improvement on a landmark site, other
than a landmark, the commission shall consider (1) the  effects  of  the
proposed  work  in  creating,  changing,  destroying  or  affecting  the
exterior architectural features of the improvement upon which such  work
is  to be done, (2) the relationship between such exterior architectural
features, together with such effects,  and  the  exterior  architectural
features  of  the  landmark,  and (3) the effects of the results of such
work upon the protection,  enhancement,  perpetuation  and  use  of  the
landmark  on such site. In appraising such effects and relationship, the

commission shall consider, in addition to any other  pertinent  matters,
the factors mentioned in paragraph two of subdivision b of this section.
  d.  In  making  the determination referred to in subdivision a of this
section  with  respect  to  an  application  for  a  permit  to   alter,
reconstruct  or  demolish  a landmark, the commission shall consider the
effects  of  the  proposed  work  upon  the   protection,   enhancement,
perpetuation  and  use  of  the  exterior architectural features of such
landmark which cause it  to  possess  a  special  character  or  special
historical or aesthetic interest or value.
  e.  In  making  the determination referred to in subdivision a of this
section  with  respect  to  an  application  for  a  permit  to   alter,
reconstruct  or demolish an improvement containing an interior landmark,
the commission shall consider the effects of the proposed work upon  the
protection,   enhancement,   perpetuation   and   use  of  the  interior
architectural features of such  interior  landmark  which  cause  it  to
possess  a special character or special historical or aesthetic interest
or value.

Section 25-308

Section 25-308

  §  25-308  Procedure  for  determination of request for certificate of
appropriateness. The commission shall hold  a  public  hearing  on  each
request  for  a  certificate  of  appropriateness.  Except  as otherwise
provided in section 25-309 of this chapter, the  commission  shall  make
its  determination  as  to  such request within ninety days after filing
thereof.

Section 25-309

Section 25-309

  §  25-309  Request  for  certificate  of  appropriateness  authorizing
demolition, alterations or  reconstruction  on  ground  of  insufficient
return.  a.  (1)  Except  as otherwise provided in paragraph two of this
subdivision a, in any case where an application for a permit to demolish
any improvement located on a landmark site or in an historic district or
containing an interior landmark is filed with the  commission,  together
with  a  request  for  a certificate of appropriateness authorizing such
demolition, and in any case where an application for a  permit  to  make
alterations  to  or  reconstruct  any  improvement on a landmark site or
containing an interior landmark is filed with the  commission,  and  the
applicant  requests  a certificate of appropriateness for such work, and
the applicant establishes to the satisfaction of the commission that:
  (a)  the  improvement  parcel  (or  parcels)   which   includes   such
improvement,  as  existing at the time of the filing of such request, is
not capable of earning a reasonable return; and
  (b) the owner of such improvement:
  (1) in the case of an application for a permit to demolish,  seeks  in
good  faith to demolish such improvement immediately (a) for the purpose
of constructing on the site thereof with  reasonable  promptness  a  new
building  or  other income-producing facility, or (b) for the purpose of
terminating the operation of the improvement at a loss; or
  (2) in the case of an application for a permit to make alterations  or
reconstruct,   seeks   in  good  faith  to  alter  or  reconstruct  such
improvement, with reasonable promptness, for the purpose  of  increasing
the return therefrom;
the  commission,  if it determines that the request for such certificate
should be denied on the basis of the applicable standards set  forth  in
section  25-307  of  this  chapter,  shall, within ninety days after the
filing of the request for such certificate of  appropriateness,  make  a
preliminary determination of insufficient return.
  (2) In any case where any application and request for a certificate of
appropriateness  mentioned  in  paragraph  one  of this subdivision a is
filed with the commission with respect to an improvement, the provisions
of this section shall not apply  to  such  request  if  the  improvement
parcel  which  includes  such  improvement has received, for three years
next preceding the filing of such request,  and  at  the  time  of  such
filing continues to receive, under any provision of law (other than this
chapter  or section four hundred fifty-eight, four hundred sixty or four
hundred seventy-nine of the real property tax law), exemption  in  whole
or  in  part  from  real  property taxation; provided, however, that the
provisions of this section shall nevertheless apply to such  request  if
such exemption is and has been received pursuant to section four hundred
twenty-a,  four  hundred  twenty-two,  four  hundred  twenty-four,  four
hundred twenty-five, four hundred twenty-six, four hundred twenty-seven,
four hundred twenty-eight, four hundred thirty, four hundred thirty-two,
four  hundred  thirty-four,  four  hundred  thirty-six,   four   hundred
thirty-eight,  four  hundred forty, four hundred forty-two, four hundred
forty-four, four hundred fifty, four  hundred  fifty-two,  four  hundred
sixty-two,  four  hundred  sixty-four,  four  hundred  sixty-eight, four
hundred seventy, four hundred seventy-two or four  hundred  seventy-four
of  the  real  property  tax  law  and  the applicant establishes to the
satisfaction of the commission, in lieu of the requirements set forth in
paragraph one of this subdivision a, that:
  (a) The owner  of  such  improvement  has  entered  into  a  bona-fide
agreement  to  sell an estate of freehold or to grant a term of at least
twenty years in such improvement parcel, which agreement is  subject  to
or contingent upon the issuance of the certificate of appropriateness or
a notice to proceed;

  (b)  The  improvement  parcel  which  includes  such  improvement,  as
existing at the time of the filing of such request,  would  not,  if  it
were  not  exempt  in  whole  or in part from real property taxation, be
capable of earning a reasonable return;
  (c)   Such   improvement  has  ceased  to  be  adequate,  suitable  or
appropriate for use for carrying out both (1) the purposes of such owner
to which it is devoted and (2) those  purposes  to  which  it  had  been
devoted when acquired unless such owner is no longer engaged in pursuing
such purposes; and
  (d) The prospective purchaser or tenant:
  (1)  In  the case of an application for a permit to demolish seeks and
intends, in good faith either to demolish such  improvement  immediately
for  the  purpose  of  constructing  on the site thereof with reasonable
promptness a new building or other facility; or
  (2) In the case of an application for a permit to make alterations  or
reconstruct,  seeks  and  intends  in good faith to alter or reconstruct
such improvement, with reasonable promptness.
  b. In the case of an application made pursuant  to  paragraph  one  of
subdivision  a of this section by an applicant not required to establish
the conditions specified  in  paragraph  two  of  such  subdivision,  as
promptly  as  is practicable after making a preliminary determination as
provided in paragraph one of such subdivision a,  the  commission,  with
the aid of such experts as it deems necessary, shall endeavor to devise,
in  consultation  with the applicant, a plan whereby the improvement may
be (1) preserved or perpetuated in such manner or form as to  effectuate
the purposes of this chapter, and (2) also rendered capable of earning a
reasonable return.
  c.  Any  such  plan  may  include,  but  shall  not be limited to, (1)
granting of partial or complete tax exemption, (2)  remission  of  taxes
and  (3)  authorization  for alterations, construction or reconstruction
appropriate for and  not  inconsistent  with  the  effectuation  of  the
purposes of this chapter.
  d. In any case where the commission formulates any such plan, it shall
mail  a  copy  thereof to the applicant promptly and in any event within
sixty days after giving  notice  of  its  preliminary  determination  of
insufficient  return.  The  commission  shall hold a public hearing upon
such plan.
  e. (1) If the commission, after holding a public hearing  pursuant  to
subdivision  d  of  this  section,  determines  that a plan which it has
formulated, consisting only of tax exemption and/or remission of  taxes,
meets  the standards set forth in subdivision b of this section, as such
plan was originally  formulated,  or  with  such  modifications  as  the
commission deems necessary or appropriate, the commission shall deny the
request  of the applicant for a certificate of appropriateness and shall
approve such plan, as originally formulated, or with such modifications.
  (2) Such plan, as so approved, shall  set  forth  the  extent  of  tax
exemption  and/or  remission of taxes deemed necessary by the commission
to meet such standards.
  (3) The commission shall  promptly  mail  a  certified  copy  of  such
approved  plan  to the applicant and shall promptly transmit a certified
copy thereof to the tax commission. Upon application made by  the  owner
of such improvement pursuant to the provisions of paragraph five of this
subdivision  e, the tax commission shall grant, for the fiscal year next
succeeding the date of approval of such plan, the tax  exemption  and/or
remission of taxes provided for therein.
  (4) In accordance with procedures prescribed by the regulations of the
commission,  it  shall  determine, upon application by the owner of such
improvement made in advance of each succeeding fiscal year,  the  amount

of  tax  exemption  and/or  remission  of  taxes, if any, which it deems
necessary, as a renewal of such plan for the ensuing year, to  meet  the
standards set forth in subdivision b of this section, and shall promptly
mail  a  certified  copy  of  any  approved  renewal of such plan to the
applicant and shall promptly transmit a certified copy of  such  renewal
to  the  tax  commission.  Upon  application  made  by the owner of such
improvement pursuant  to  the  provisions  of  paragraph  five  of  this
subdivision e, the tax commission shall grant, for such fiscal year, the
tax exemption and/or remission of taxes specified in such determination.
  (5)  Where  any  such  plan  or  a  renewal thereof is approved by the
commission, pursuant to the provisions of the  preceding  paragraphs  of
this  subdivision  e,  prior  to January first next preceding the fiscal
year to which the tax benefits of  such  plan  or  renewal  thereof  are
applicable,  the  owner  shall not be entitled to such benefits for such
fiscal year unless he or she files an application therefor with the  tax
commission  between  February  first  and  March  fifteenth,  both dates
inclusive, next preceding such fiscal year. Where any  such  plan  or  a
renewal  thereof is approved by the commission between January first and
June thirtieth, both dates inclusive, next preceding the fiscal year  to
which  the  tax benefits of such plan or renewal thereof are applicable,
the owner shall not be entitled to such benefits for  such  fiscal  year
unless  he  or she files an application therefor with the tax commission
on or before August first of such fiscal year.
  f. (1) In any case where the commission determines,  after  holding  a
public  hearing  pursuant  to subdivision d of this section, that a plan
which it has formulated, consisting in whole or in part of any  proposal
other  than tax exemption and/or remission of taxes, meets the standards
set forth in subdivision b of this section, as such plan was  originally
formulated, or with such modifications as the commission deems necessary
or  appropriate,  the  commission shall approve such plan, as originally
formulated, or with such modifications, and shall promptly mail  a  copy
of same to the applicant.
  (2) The owner of the improvement proposed to be benefited by such plan
mentioned  in  paragraph  one of this subdivision f may accept or reject
such plan by written acceptance or rejection filed with the  commission.
If such an acceptance is filed, the commission shall deny the request of
such   applicant   for  a  certificate  of  appropriateness.  If  a  new
application for a permit from the department  of  buildings  and  a  new
request   for   a   certificate  of  appropriateness  are  filed,  which
application and request conform with such proposed plan, the  commission
shall  grant  such  certificate as promptly as is practicable and in any
event within thirty days after such filing.
  (3) If such accepted plan consists in part  of  tax  exemption  and/or
remission  of  taxes,  the provisions of paragraphs two, three, four and
five of subdivision e of this section shall govern the granting of  such
tax exemption and/or remission of taxes.
  g.  (1)  Except in a case where the applicant is required to establish
the conditions set forth in paragraph  two  of  subdivision  a  of  this
section, if
  (a)  The commission does not formulate and mail a plan pursuant to the
provisions of subdivisions b, c, and d of this section within the period
of time prescribed by such subdivision d; or
  (b) The commission does not approve a plan pursuant to the  provisions
of  subdivision  e  or  f  of  this  section within sixty days after the
mailing of such plan to the applicant; or
  (c) A plan approved by the commission pursuant to  the  provisions  of
paragraph  one of subdivision f of this section is rejected by the owner

of such improvement pursuant to the provisions of paragraph two of  such
subdivision;
the  commission  may, within ten days after expiration of the applicable
period referred to in subparagraphs (a) and (b) of this  paragraph  one,
or within ten days after the filing of a rejection of a plan pursuant to
paragraph  two  of  subdivision  f  of this section, as the case may be,
transmit to the mayor a written recommendation that the city  acquire  a
specified  appropriate  protective  interest  in  the improvement parcel
which includes the improvement with respect to which the request  for  a
certificate  of appropriateness was filed, and shall promptly notify the
applicant of such action.
  (2) 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:
  (a)  Give  notice, pursuant to section three hundred eighty-two of the
charter, of an  application  to  condemn  such  interest  or  any  other
appropriate  protective  interest  agreed  upon  by  the  mayor  and the
commission; or
  (b) Enter into a contract with the owner of such improvement parcel to
acquire such interest, as so recommended or agreed upon;
the commission shall promptly grant, issue and forward to the owner,  in
lieu of the certificate of appropriateness requested by the applicant, a
notice to proceed.
  h.  No  plan  which  consists in whole or in part of the granting of a
partial or complete tax exemption or remission of taxes pursuant to  the
provisions  of this chapter shall be deemed to have been approved by the
commission unless it is also approved by the mayor  and  council  within
the  period of time prescribed by this section for approval of such plan
by the commission.
  i. (1) In any case where the applicant is required  to  establish  the
conditions  set forth in paragraph two of subdivision a of this section,
as promptly as is practicable after making a  preliminary  determination
with  respect  to  such  conditions,  as  provided  in  paragraph one of
subdivision a of this section, and within one hundred  and  eighty  days
after  making  such  preliminary determination, the commission, alone or
with the aid of such persons and agencies  as  it  deems  necessary  and
whose  aid it is able to enlist, shall endeavor to obtain a purchaser or
tenant (as the case may be) of the improvement parcel  or  parcels  with
respect  to  which  the  application  has  been made, which purchaser or
tenant will agree, without condition  or  contingency  relating  to  the
issuance  of  a  certificate of appropriateness or notice to proceed and
subject to the provisions of paragraph three of this subdivision  i,  to
purchase  or  acquire  an  interest  identical  with that proposed to be
acquired by the prospective purchaser or tenant whose agreement  is  the
basis of the application, on reasonably equivalent terms and conditions.
  (2)  The applicant shall, within a reasonable time after notice by the
commission that it has obtained such a purchaser or tenant, which notice
shall be served within  the  period  of  one  hundred  and  eighty  days
provided  by  paragraph  one  of  this  subdivision  i,  enter into such
agreement to sell or lease (as the case may be) with  the  purchaser  or
tenant  so  obtained. Such notice shall specify a date for the execution
of such agreement, which may be  postponed  by  the  commission  at  the
request of the applicant.
  (3)  The  provisions of this section shall not, after the consummation
of such agreement, apply to such purchaser or tenant or  to  the  heirs,
successors or assigns of such purchaser or tenant.

  (4)  (a)  If,  within  the one hundred eighty day period following the
commission's preliminary determination  pursuant  to  paragraph  one  of
subdivision  a  of this section, the commission shall not have succeeded
in obtaining a purchaser or tenant of the improvement  parcel,  pursuant
to  paragraph  one  of this subdivision i, or if, having obtained such a
purchaser or tenant, such purchaser or  tenant  fails  within  the  time
provided  in  paragraph  two  of  this  subdivision i, to enter into the
agreement provided for by such paragraph  two,  the  commission,  within
twenty  days  after  the expiration of the one hundred eighty day period
provided for in paragraph one of this subdivision i,  or  within  twenty
days  after  the  date  upon which a purchaser or tenant obtained by the
commission pursuant to the provisions of such  paragraph  one  fails  to
enter  into  the  agreement provided for by said paragraph, whichever of
said  dates  later  occurs,  may  transmit  to  the  mayor   a   written
recommendation  that the city acquire a specified appropriate protective
interest  in  the  improvement  parcel  or  parcels  which  include  the
improvement  or  are part 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 interest 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 certificate 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.

Section 25-310

Section 25-310

  § 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
applicant  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  certifies  that  no  such  permit  is  required,  the
commission shall determine such application as hereinafter 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 subdivisions 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
effectuation 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 application 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 subdivision a of section 25-318 of this chapter
and to any city-aided project.

Section 25-311

Section 25-311

  §  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.

Section 25-312

Section 25-312

  §  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.

Section 25-313

Section 25-313

  §  25-313  Public  hearings; conferences. a. The commission shall give
notice of any public hearing which 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  landmark  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
proceedings 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 presentation of facts and the expression
of views by those desiring to be heard, and may, in its discretion, 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 consideration of the facts, views,
testimony or evidence submitted at such hearing.
  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 directed, the applicant shall mail
a notice of such hearing to such owners, at their last known  addresses,
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.

Section 25-314

Section 25-314

  §  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.

Section 25-315

Section 25-315

  §  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 commission 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.

Section 25-316

Section 25-316

  §  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  appropriateness  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 commission 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.

Section 25-317

Section 25-317

  §  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  imprisonment,  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 application 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.

Section 25-317.1

Section 25-317.1

  §  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  improvement  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 thousand dollars.
  (4)  For the purposes of this subdivision, each day during which there
exists any violation of the provisions of paragraph 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 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  office  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)  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  personally 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  liable  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 liability 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  respondent   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 liability
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 respondent 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 application to the commission for approval to legalize or to
undertake the work 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  applied 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.

Section 25-317.2

Section 25-317.2

  § 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  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 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  engaging  in  any act or practice that may constitute a violation of
any provision of this chapter, the chair  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  institute  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.

Section 25-318

Section 25-318

  §  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 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.
  b.  (1) No officer or agency of the city whose approval is required by
law for the construction or effectuation 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  commission  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
concerning 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  specifically  conferred  upon  it  by  chapter
thirty-seven of the charter.

Section 25-319

Section 25-319

  § 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 landmarks, 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 historic 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 commission 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.

Section 25-320

Section 25-320

  §  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 studies, the commission may hold such public hearings
as it may deem necessary or appropriate.

Section 25-321

Section 25-321

  §  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 landmark, 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.

Section 25-322

Section 25-322

  §  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
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  sent to the street address of the improvement 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 commission 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  improvement  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 nonresidential lessees on the first two  floors
of  the  improvement  or  property,  and  shall  be  sent  to  all other
nonresidential lessees by any means reasonably designed to  ensure  that
notice is given.
  c.  The  commission  shall  promulgate  such  regulations  as it deems
necessary to comply with the provisions of this section, with respect to
notice requirements in all nonresidential leases for buildings under its
jurisdiction.
  d. Any person who violates subdivision  b  of  this  section,  or  the
regulations  promulgated  hereunder, shall be subject to a civil penalty
of not more than five hundred  dollars  per  violation  which  shall  be
returnable to the environmental control board.