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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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7-3.6   Applications for Certificates from Historic District Commission.
   (A)   Any person who is required to obtain a certificate from the Commission shall file with the Commission, an application for a certificate of appropriateness, a certificate of non-applicability, or a certificate of hardship, as the case may be, in such form as the Commission may reasonably determine, together with such plans, elevations, specifications, material and other information, including, in the case of demolition or removal, a statement of the proposed condition and appearance of the property thereafter, as may be reasonably deemed necessary by the Commission to enable it to make a determination on the application.
   (B)   Within eight days after the filing for a certificate of appropriateness, Saturdays, Sundays and legal holidays excluded, the Commission shall determine the properties materially affected by the application. Unless a public hearing on such application is waived in writing by all persons entitled to a notice, the Commission shall require its secretary to give, by mail, reasonable notice of a public hearing before the Commission on such application to the applicant, the owners of all property determined by the Commission to be materially affected as they appear on the most recent real estate tax list, and any persons filing a written request for notice of hearings, such requests to be renewed yearly in December.
   (C)   The Commission, as soon as may be convenient following such public hearing, or the waiver thereof, but within 30 days, Saturdays, Sundays and legal holidays excluded, after the filing of the application for the Certificate of Appropriateness, or within such further time as the applicant may in writing allow, shall determine whether or not the construction, reconstruction, alteration or demolition of the exterior architectural feature is consistent with the purpose of this Section and whether, notwithstanding that it may be inappropriate owing to conditions especially affecting the structure involved but not affecting the Historic Bay Village District generally, failure to issue a Certificate of Appropriateness will involve a substantial hardship to the applicant and such a certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the intent and purposes of this Section.
   (D)   In passing upon appropriateness, the Commission shall consider, in addition to other pertinent factors as specified in the standards and criteria Section of the by-laws, the historical and architectural value and significance, architectural style, general design, arrangement, texture and material of the exterior architectural feature involved and the relationship thereof to the exterior architectural features of other structures in the immediate neighborhood. If the Commission determines that a Certificate of Appropriateness should be granted, the Secretary of the Commission shall issue to the applicant a Certificate of Appropriateness. If the Commission fails to make a determination within the time hereinafter prescribed, the Secretary of the Commission shall issue to the applicant a Certificate of Hardship. If the Commission determines that a certificate not be issued, then the Commission shall include in its records the reasons for such determination any recommendations it may have. The Secretary shall then, by mail, give notice of such determination to applicant and to every person filing a written request for such notice, enclosing with it an attested copy of the reasons and recommendations as contained in the records on the Commission.
   (E)   Every person about to apply to the Building Commissioner for a permit to construct any structure in the Historic District or to reconstruct, alter or demolish any structure now or hereafter in said district shall deposit with the Secretary of the Commission his or her application for such permit together with such plans, specifications and other material as the Commission may, from time to time, prescribe. Within eight days thereafter, Saturdays, Sundays and legal holidays excluded, the Commission shall consider such application, plans, specifications and other material and determine whether any exterior architectural feature is involved. If it is so determined that no exterior architectural feature is involved, the Secretary of the Commission shall endorse on the application a Certificate of Non-Applicability and return the application, plans, specifications and other material to the applicant.
(Ord. 1983 c. 18; CBC 1985 7-3.6)
7-3.7   Appeals.
   Under the provisions of the M.G.L. Chapter 40C, Section 12A, any applicant aggrieved by a determination of the Commission, may, within 20 days after the filing of the notice of such determination or such finding with the City Clerk, appeal to the Superior Court for Suffolk County. The Court shall hear all pertinent evidence and shall annul the determination of the Commission if it finds the decision of the Commission to be unsupported by the evidence, or to exceed the authority of the Commission, or may remand the case for further action by the Commission, or make such other decree as justice and equity may require. The remedy provided by this Section shall be exclusive; but the parties shall have all rights of appeal and exception as in other equity cases. Costs shall not be allowed against the Commission unless it shall appear to the Court that the Commission acted with gross negligence, in bad faith or with malice in the matter from which the appeal was taken. Costs shall not be allowed against the party appealing from such determination of the Commission unless it shall appear to the court that the appellant acted in bad faith or with malice in making the appeal to the court.
(Ord. 1983 c. 18; CBC 1985 7-3.7)
7-3.8   Enforcement.
   (A)   Whoever, without the certificate required by and effective in accordance with this act, shall undertake any construction, reconstruction, restoration, exterior execution, exterior replacement or alteration or demolition with respect to any exterior architectural feature in Bay Village Historic District shall be punished by a fine of not less than $50 nor more than $500, and whoever, after having received from the Commissioner appropriate notice to desist, shall, in violation of this act, permit any exterior architectural feature in the Historic District to continue to exist shall be punished by a fine of not less than $50 nor more than $500. A separate offense shall occur every day during any portion of which any such violation shall transpire.
   (B)   Upon petition of the Commission, the Superior Court for Suffolk County may restrain any construction, reconstruction, restoration, exterior replacement, alteration or demolition in violation of this act and may order the removal in whole or in part of any exterior architectural feature permitted to exist in violation of this act and may order the removal in whole or in part of any exterior architectural feature permitted to exist in violation of this act and may order such reconstruction or restoration as may be necessary or desirable to redress any alterations or demolition undertaken in violation of this act.
(Ord. 1983 c. 18; CBC 1985 7-3.8)
7-3.9   Fees.
   The fee that shall accompany an application for a Certificate of Appropriateness from the Bay Village Historic District Commission shall be set by ordinance.
(Ord. 1983 c. 18; CBC 1985 7-3.9)
Cross-reference:
   Ord. ss 18-1.5(8)
7-3.10   Other Function of Commission.
   The Commission shall adopt rules and regulations for the conduct of its business, not inconsistent with M.G.L. Chapter 40C, or with the purpose of this Section. The Commission with approval of the Mayor and Boston City Council may receive and accept appropriations, grants and gifts for the furthering of the purposes of this Section. It may establish an historic marker program, publish guides, maps and other appropriate publications to illustrate historical and architectural resources of this Historic District. The Commission may propose changes in the Bay Village Historic District boundaries and additional historic districts as it deems appropriate, subject to the M.G.L. Chapter 40C and to Chapter 772, Acts of 1975, as amended.
(Ord. 1983 c.18; CBC 1985 7-3.10)
7-3.11   Severability.
   In case any Section, paragraph or part of this Section be for any reason declared invalid or unconstitutional by any court of last resort, every other Section, paragraph or part shall continue in full force and effect.
(Ord. 1983 c.18; CBC 1985 7-3.11)
Editor’s note:
   The Commission shall notify, by mail, all property owners in the Historic District of the establishment of the District. After passage of this Section, and prior to establishment of the Bay Village Historic District Commission, the Boston Landmarks Commission may assume the powers and responsibilities of the Commission. Ord. 1983 Ch. 18 Section 2.
7-4   PARKS AND RECREATION DEPARTMENT.
7-4.1   Composition of Board.
   There shall be in the city a Department, known as the Parks and Recreation Department, which shall be under the charge of a Board, known as the Parks and Recreation Commission, consisting of an Officer, known as the Commissioner of Parks and Recreation, appointed by the Mayor for a term expiring on the first Monday of January following the next biennial municipal election at which a Mayor is elected, who shall be Chair of the Board; one Assistant Commissioner likewise appointed by the Mayor for a term expiring on the first Monday in January following the next biennial election of which a Mayor is elected; and five other Officers known as Associate Commissioners of Parks and Recreation, appointed by the Mayor. As the term of any Associate Commissioner expires, his or her successor shall be appointed by the Mayor for a term of four years. Any vacancy in the Office of an Associate Commissioner shall be filled by the Mayor for the unexpired term. The Associate Commissioners shall serve without pay.
(St. 1875 c. 185; Ord. 1954 c. 2 §§ 36, 37; Ord. 1970 c. 8 § 2; Rev. Ord. 1961 (Sup. 1971) c. 19 § 1; CBC 1975 Ord. T7 § 100; Ord. 1982 c. 13 § 1; CBC 1985 7-4.1; Ord. 1987 c. 2 § 1)
Cross-reference:
   Ord. ss. 2-7.1
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