§ 25-317.2 Violations of landmarks laws: enforcement.
AC § 25-317.2
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.
