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What happens if work is done to a landmark building without a permit?
The Commission issues a warning letter and, if the violation is not cured, a Notice of Violation (NOV). If the completed work complies with the Commission's regulations, the Commission will officially legalize the change and retroactively issue a permit. If the work is not in compliance, the person responsible for the work is given the opportunity to modify the alteration - which might mean doing something as simple as removing a sign or as involved as designing an entirely new storefront. Efforts to remedy a violation should always be discussed with a member of the Commission's staff. Depending on the type of work done, the process of curing a violation may involve the Commission considering the matter at a public hearing. When the situation has been corrected, the Commission issues a Notice of Compliance (NOC).
Who adjudicates LPC violations?
The Landmarks Preservation Commission was authorized by law in 1998 to seek civil fines or criminal penalties for violations of its regulations. The majority of these violations are adjudicated at the Environmental Control Board (ECB), the City's main civil administrative court.
How does the violation system work?
The purpose of the system is to encourage owners to comply with the law. There are a number of steps the Commission can take in order to compel owners to do so.
How is the amount of a civil fine determined?
The amount of a civil fine is dependent on the severity of the violation. The Landmarks Law defines two types of violations: type A and type B.
Type A violations include serious alterations to important architectural elements, such as cornices, stoops, windows, and storefronts; additionally, construction of rooftop or backyard additions may fit into this category. First-time type A violations are punishable by a fine of up to $5,000; if a second NOV is issued, there will be a fine of up to $250 per day, with a minimum fine of $5,000.
Type B violations include all other, less serious infractions, such as painting a façade a new color, replacing a single window, or installing a light, sign, flagpole, or banner. First-time Type B violations are punishable by a fine of up to $500; if a second NOV is issued, there will be a fine of up to $50 per day, with a minimum fine of $500.
Are civil fines intended as a means of raising revenue for the Commission?
No. The law seeks to deter violations of the Commission's regulations and provide an incentive to rectify violations when they occur. That is why there are two grace periods, i.e. two opportunities to cure a violation without paying a fine.
Is a landlord liable for a civil fine if a tenant violates the Commission's regulations?
Potentially. Both owner and tenant are responsible for a violation. If the tenant is the guilty party, the Commission may endeavor, where possible, to bring the action against that individual. As with most laws, however, ultimately the property owner is responsible for ensuring that his or her property complies with all landmark regulations, as well as with all building, housing, and fire codes.
What can the Commission do to stop ongoing illegal work?
The Commission is authorized to order an owner, tenant, and/or contractor to immediately stop work. Violation of a Stop Work Order is punishable by a fine of up to $500 per day. Additionally, the Commission can go to civil court and seek a Temporary Restraining Order (TRO) and/or a preliminary or permanent injunction. A TRO or an injunction is a court order to stop work and/or take certain action. A person who violates a TRO or injunction is liable for contempt of court.
Is there any type of case that is still heard outside of an administrative court?
Yes. The most serious type of violation - the complete or partial demolition of a landmark without authorization - must be tried in civil court before a judge and jury. In addition, as discussed above, all injunctive actions must be brought in civil court. The Commission has the authority to try all violations in civil court but, as a practical matter, will use the administrative system for most violations.
Are there criminal penalties for failing to comply with the Landmarks Law?
Yes. The law still allows the Commission to seek criminal fines. The fines range between $500 and $15,000 per day, depending on the violation.