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.
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.
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.
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.
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.
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.