Section 25-322. Notification; lease notification


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  • 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.