Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 25. LAND USE |
Chapter 3. LANDMARKS PRESERVATION AND HISTORIC DISTRICTS |
Section 25-317.2. Violations of landmarks laws: enforcement
Latest version.
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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.