Section 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.