A.
Nothing in this code shall be construed as preventing the ordinary
maintenance or repair of any landmark, improvement on a landmark site
or structure in an historic district which does not involve a change
of design or material or other exterior effect and which does not
require a building permit.
B.
Every owner, operator or agent of a landmark, landmark site or structure
in an historic district shall keep in good repair all portions of
such improvements which, if not so maintained, may cause the exterior
portions of such improvements to deteriorate, decay or become damaged
or otherwise fall into a state of disrepair.
A.
Official order. Where a governmental enforcement agency shall order
or direct the construction, removal, alteration or demolition of any
improvement on a landmark site or structure in an historic district
to remedy emergency conditions, determined to be imminently dangerous
to life, health or property, compliance with the order or directive
may be undertaken without prior issuance of a certificate or notice.
Where feasible, notice of the order shall be given to the Preservation
Board.
B.
Notice to the Preservation Board. In instances where danger to life,
health and property is not imminent, the enforcement agency shall
give the Preservation Board written notice of any proposed order or
direction which affects or may affect the exterior appearance of a
landmark or landmark site or property within an historic district.
The enforcement agency shall give the Preservation Board 10 days in
which to comment after receipt of such notice prior to taking further
action.
C.
Power of Preservation Board. The Preservation Board shall have the
power to require that demolition not occur or that corrective work
not materially change the exterior appearance of a landmark, where
danger to life, health or property may be abated without detracting
from the exterior appearance of a landmark.
Whenever, under the provisions of this Article, the Preservation
Board or the Committee on Legislation is required, within a prescribed
period of time, to make any determination or perform any act in relation
to an application, the applicant may agree to extend such period of
time by filing a statement with the Preservation Board or the Committee
on Legislation.
Upon request of the Preservation Board or the Common Council
or where otherwise necessary to prevent or abate violations of this
code, the Corporation Counsel is empowered to seek an injunction or
other appropriate order of a court and to bring further proceedings
for enforcement of such injunctions or orders.
A.
The Preservation Board may establish fees for review of nominations,
issuance of certificates and other operating procedures subject to
the prior approval of the Common Council.
A violation of this code is punishable by a fine not to exceed
$500 or by imprisonment not exceeding 15 days, or by both such fine
and imprisonment, or by penalty of not more than $500 to be recovered
by the City of Buffalo in a civil action. Every day of such violation
may be held to constitute a separate offense.
[Added 10-5-2010, effective 10-19-2010]
The Common Council, by majority vote and with the consent of
a private property owner who agrees to maintain the same, may cause
to be erected or affixed to a structure a local historic marker that
provides information regarding a site that it deems to be of local
historical interest, after verifying the accuracy of the information
contained on said marker with a local historian and by properly designating
and appropriating funds for the creation of the same. A local historic
marker shall in no way deem the site or structure it describes as
a landmark, landmark site or historic district as those terms are
defined in this chapter, nor shall it afford the local site or structure
any additional legal protections or benefits.
