§ 25-317.1 Civil penalties.
AC § 25-317.1
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.
(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.
(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.
(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.
