New Washington Convention Center Neighborhood Stability Permit Review Act of 1997
Bill 12-449

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Chairman Linda W. Cropp at request of the Washington Convention Center Authority

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To protect community stability and neighborhood character in the vicinity of the new Washington Convention Center, by providing interim protection of potential historic properties from demolition, until such time as the Historic Preservation Review Board has an opportunity to evaluate and consider designation of potential historic districts in the vicinity of the new convention center, for a period of time not to exceed 18 months or the date of a designation decision, whichever is sooner, and for other purposes.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA That this act may be cited as the "New Washington Convention Center Neighborhood Stability Permit Review Act of 1997."

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Sec. 2. Definitions. For purposes of this act, the following words shall have the following meanings:

(1) "Demolition" or "Demolish" means the razing or destruction, entirely or in significant part, of a building or structure, and includes the removal or destruction of any facade of a building or structure.

(2) "Mayor" means the Mayor of the District of Columbia, or his designated agent.

(3) "Protected Property" means any building or structure 50 years old or older, within the boundaries of the following "Protected Areas." All of the following squares:

315 338 340 341 366 369 450 451 482 S. 482 513 514 523 524

Square 282, Lot 815

Square 283, Lots 46 and 47

Square 284, Lot 816

Square 313, Lots 802, 803, 804, 805, 806, 812, 830, 832, and 834

Square 314, excluding Lot 47

Square 339, Lots 19, 20, 21, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 802, 803, 804, and the eastern portion of Lot 806 (formerly lot 1 and lot 800) occupied by the New Bethany Baptist Church

Square 399, Lots 50, 51, 52, 53, 54, 55, 61, 62, 63, 800, 801, 803, 804, 825, 826, 827, 828, 829, 830, 831, 832, 833, and 834

Square 423, Lots 2, 800, 801, 802, and 803

Square 449, Lots 25, 26, 29, 30, 40, 41, 42, 43, 44, 47, 49, 50, 51, 52, 58, 800, 851, 852, 853, 854, 855, 858, 859, 863, 864, 865, and 882

Square 555 west of Kirby Street, N.W., including Lots

64 73 74 75 80 81 82 83 84 85 86 92 93 94 95 96 97 98 102 103 106 107 111 112 113 114 115 116 123 124 125 126 127 128 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 150 151 152 153 154 155 156 157 159 160 161 162 805 806 807 808 809 810 811 812 813 814 815 816 817 818 820 821 822 824 825 827 828

Square 371, Lot 813, Henley Park Hotel

(4) "Unreasonable economic hardship" means that failure to issue a permit would amount to a taking of the owner's property without just compensation, or in the case of a low-income owner as determined by the Mayor, failure to issue a permit would place an onerous and excessive financial burden upon such owner.

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Sec. 3. Review and approval required for demolition permits. All applications for demolition permits for Protected Properties shall be reviewed by the Historic Preservation Review Board (HPRB). No permit for demolition shall be issued by the Mayor for the demolition of any Protected Property unless the applicant obtains an exception pursuant to Section 6 of this act.

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Sec. 4. Duration: time limits. The review and approval requirement of this act shall remain in effect for a period not to exceed eighteen months from the effective date of this act; unless the Council subsequently extends the duration of this act, the provisions of the act will thereafter expire. During this time, the Historic Preservation Review Board (HPRB) will review applications for historic districts within the Protected Area, which will be submitted pursuant to the Memorandum of Agreement (MOA) regarding the New Washington Convention Center, signed by the Council on September 4, 1997, together with the Mayor, the National Capital Planning Commission, and the Advisory Council on Historic Preservation, pursuant to Section 106 of the National Historic Preservation Act. The HPRB shall determine within 90 days of receipt of any such application, and within 45 days after holding a public hearing, whether to designate the historic district in accordance with existing HPRB criteria. In the absence of a decision by the HPRB within the required time, the application will be deemed approved. Within 30 days after a decision by the HPRB, the D.C. State Historic Preservation Officer (SHPO) shall issue a written determination on whether to nominate the historic district to the National Register of Historic Places. In the absence of a determination by the SHPO, the historic district nomination shall be forwarded to the Keeper of the National Register. Once a determination by the SHPO has been issued, and 30 days have passed after publication of notice in the D.C. Register, the requirements of this act will expire for all Protected Properties located within such district, and the provisions of the Historic Landmark and Historic District Protection Act of 1978, D.C. Law 2-144, D.C. Code §§ 51001 et seq., will apply if the historic district is designated; Provided, however, that the requirements of this act will continue to apply, until the act expires, to Protected Properties located within any other potential historic district or districts in the Protected Area for which a written determination has not yet been issued by the SHPO.

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Sec. 5. Exceptions.

(1) This Act does not apply to buildings or structures that are less than 50 years old. An applicant may obtain a determination from Historic Preservation Review Board staff as to whether the property falls within this Exception.

(2) Any applicant denied a permit under this Act may request that the application be considered at the next regular public meeting of the Historic Preservation Review Board to seek issuance of the permit on the grounds that the building or structure does not contribute to a potential historic district.

(3) Any applicant denied a permit under this Act may request a public hearing before the Mayor to seek issuance of the permit, which shall only be issued if the Mayor determines that failure to issue a permit will result in unreasonable economic hardship to the owner. The owner shall submit, by affidavit, to the Mayor at least 20 days prior to the public hearing, at least the following information:

(a)For all property:

(i) The amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner and the person from whom the property was purchased;

(ii) The assessed value of the land and improvements thereon according to the two most recent assessments;

(iii) Real estate taxes for the previous two years;

(iv) Annual debt service, if any, for the previous two years;

(v) All appraisals obtained within the previous two years by the owner or applicant in connection with his purchase, financing, or ownership of the property;

(vi) Any listing of the property for sale or rent, price asked, and offers received. if any; and

(vii) Any consideration by the owner as to profitable adaptive uses for the property; and

(b) For income-producing property;

(i) Annual gross income from the property for the previous two years;

(ii) Itemized operating and maintenance expenses for the previous two years;

(iii) Annual cash flow, if any, for the previous two years.

(c) The Mayor may require that an applicant furnish such additional information as the Mayor believes is relevant to his determination of unreasonable economic hardship and may provide in appropriate instances that such additional information be furnish under seal.

(d) Within 120 days from the date of an applicant's request for a public hearing under this subsection, the Mayor shall make a determination as to whether failure to issue the permit will result in unreasonable economic hardship to the owner. If the Mayor so determines, or if the Mayor fails to make a determination within the required time, the permit shall be issued. The decision of the Mayor on an application under this subsection shall not become final until 15 days after Issuance.

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Sec. 6. Judicial review. All proceedings under this act shall be conducted in accordance with the applicable provisions of the District of Columbia Administrative Procedure Act, D.C. Code §§ 1-1501 et seq. Any final order of the Mayor under this act shall be reviewable in the District of Columbia Court of Appeals.

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Sec. 7. Penalties: remedies.

(a) Any person who willfully violates any provision of this Act shall, upon conviction, be fined not less than 100 percent of the official appraised value of the Protected Property. All prosecutions for violation of this act shall be brought in the name of the District of Columbia in the Superior Court of the District of Columbia by the Corporation Counsel of any of his assistants.

(b) Any person who demolishes a protected property in violation of this Act shall be required either to restore the building or structure and its site to it[s] appearance prior to the violation, or to pay a fine in the amount of up to 100 percent of the official assessed value of the property. These civil remedies shall be in addition to and not in lieu of any criminal prosecution and penalty.

(c) In addition to all other remedies provided above the Corporation Counsel of the District of Columbia or any neighboring property owner or occupant who would be specially damaged by any violation of this Act may institute injunction, mandamus or other appropriate enforcement action or proceeding, in the Superior court of the District of Columbia, to prevent unlawful demolition, or to correct, abate, or remedy any violation of the Act. In addition to equitable remedies, the civil remedies identified in Section 6(b) of this Act shall be available as remedies for such actions. In the event that a neighboring owner or occupant substantially prevails in a private enforcement action, the court may award attorney's fees, expert witness fees, and other costs of participating in such action, as the court deems reasonable.

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Sec. 8. Applicability. Notwithstanding any other provision of law, upon the effective date of this act, all pending applications for demolition permits for Protected Properties shall be subject to this act.

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Sec. 9. Effective date. This act shall take effect after a 30-day period of Congressional review following approval by the Mayor (or in the event of veto by the Mayor, action by the Council of the District of Columbia to override the veto) as provided in section 602(c)(1 ) of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in either the District of Columbia Register, District of Columbia Statutes-at-Large, or the District of Columbia Municipal Regulations.