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CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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21-4.4   Filing of Supplementary Information.
   (A)   If, after filing a request for an advisory opinion, the owner files with the Building Department:
      (1)   Amendments;
      (2)   Any other information, whether or not required by the Building Department regarding the proposed significant change; or
      (3)   The owner shall, no more than three working days after filing this information with the Building Department, file a copy of this supplemental information with the Commission.
   (B)   After filing a request for an advisory opinion, the owner may also submit to the Commission supplemental information not submitted to the Building Department.
   (C)   The Commission may not charge a fee for processing supplemental information received under this Subsection.
(Ord. 1979 c. 40 § 4; CBC 1985 21-4.4) Penalty, see Subsection 21-4.9
21-4.5   Site for Filing Requests and Supplemental Information.
   The Commission shall establish a site for the filing of advisory opinion requests and supplemental information under Subsections 21-4.3 and 21-4.4.
(Ord. 1979 c. 40 § 5; CBC 1985 21-4.5)
21-4.6   Responsibilities of the Building Department.
   (A)   At all sites where the Building Department takes applications, the Department shall post conspicuous notices informing owners of their responsibilities under Subsections 21-4.3 and 21-4.4.
   (B)   The Building Department may not issue a permit to an owner until the owner submits a receipt from the Commission as required under Subsection 21-4.3(E).
   (C)   Neither failure of the Building Department to post notices as required under division (A) above; nor issuance of permits by the Department in violation of division (B) above will relieve owners of their responsibilities under Subsections 21-4.3 and 21-4.4.
(Ord. 1979 c. 40 § 6; CBC 1985 21-4.6)
21-4.7   Issuance of Advisory Opinions.
   (A)   Within 14 workdays of receipt of a request for an advisory opinion, the Commission shall issue its advisory opinion. However, if prior to issuance the Commission receives supplemental information under Subsection 21-4.4, the Commission may delay issuance of this advisory opinion until 14 days after receipt of this supplemental information.
   (B)   If, after issuance of this advisory opinion, the Commission receives supplemental information under Subsection 21-4.4, the Commission may issue an additional advisory opinion.
   (C)   The Commission’s advisory opinion, whether issued under divisions (A) or (B) above shall contain its finding that the proposed significant change:
      (1)   Complies with ABB rules;
      (2)   Does not comply with ABB rules; or
      (3)   Does not comply with the ABB rules, but advises that the significant change may qualify for a variance under Section 3 of the ABB rules as may be amended from time to time.
   (D)   If the Commission makes a finding under either division (C)(2) or (C)(3) above, it shall:
      (1)   Include in its advisory opinion an explanation of the grounds for this finding; and
      (2)   Conform its advisory opinion to the form of a complaint.
   (E)   In addition to the other requirements of this Subsection, the Commission may include in its advisory opinion any other information or comments which it deems pertinent.
   (F)   At the time of issuance, the Commission shall transmit a copy of its advisory opinion to:
      (1)   The ABB;
      (2)   The owner requesting the opinion; and
      (3)   The Building Department.
(Ord. 1979 c. 40 § 7; CBC 1985 21-4.7)
21-4.8   Annual Report.
   (A)   By November 1 of each year, for the fiscal year just concluded, the Commission shall compile and submit to the Boston City Council a written report describing the Commission’s activities under this Section.
   (B)   The Commission shall include in its report:
      (1)   A list of requests for advisory opinions received;
      (2)   A summary of the finding in the advisory opinions issued for each request;
      (3)   A description of the inducted actions taken by the ABB if compiled; and
      (4)   Other information which the Commission deems pertinent.
(Ord. 1979 c. 40 § 8; CBC 1985 21-4.8)
21-4.9   Penalty.
   An owner who violates Subsections 21-4.3 or 21-4.4 shall be punished by a fine not exceeding $200.
(Ord. 1979 c. 40 § 9; CBC 1985 21-4.9)
21-4.10   Severability.
   If any provision or clause of this Section or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Section which can be given effect without the invalid provision or application, and to this end the provisions of this of this Section are declared to be severable.
(Ord. 1979 c. 40, § 10; CBC 1985 21-4.10)
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