Section 10-C104. FUNCTIONS OF THE MAYOR'S AGENT

 

104.1The Mayor's Agent reviews proposed work affecting historic properties, including demolition, alteration, subdivision, and new construction, in accordance with the applicable provisions of the Historic Protection Act (D.C. Official Code §§ 6-1104 through 6-1108).

 

(a)This authority may also be exercised by the person designated as a hearing officer for the Mayor's Agent. Although the Mayor's official designee remains the nominal Mayor's Agent, this hearing officer is titled the Mayor's Agent by custom, and exercises the Mayor's authority to decide cases involving a public hearing under D.C. Official Code §§ 6-1104 through 6-1108.

 

(b)The remainder of this authority is exercised by the Historic Preservation Office, acting as the administrative staff to the Mayor's Agent.

 

104.2The Mayor's Agent refers applications for this proposed work to the Historic Preservation Review Board and Commission of Fine Arts, as appropriate, for advice pursuant to the Act.

 

(a)This authority may be exercised by the Historic Preservation Office under the supervision of the Mayor's Agent.

 

(b)The Mayor's Agent may provide direction to the Permit Processing Division of the Department of Consumer and Regulatory Affairs in the processing of these administrative referrals.

 

104.3The Mayor's Agent considers this advice and makes preliminary and final findings on the issuance of permits, as provided in the Act.

 

(a)This authority may be exercised by the Historic Preservation Office, acting under the supervision of the Mayor's Agent and in accordance with these regulations.

 

(b)If there is a public hearing, this authority may be exercised directly by the Mayor's Agent (Hearing Officer).

 

104.4The Mayor's Agent holds mandatory public hearings on applications involving demolition of historic landmarks or contributing building in historic districts, subdivision of historic landmarks, a claim of unreasonable economic hardship or special merit, or an applicant's request after a recommendation of denial from the Historic Preservation Review Board or Commission of Fine Arts. The Mayor's Agent also exercises sole discretion to hold optional public hearings on other applications pursuant to the Act.

 

(a)This authority may be delegated to the Mayor's Agent (Hearing Officer).

 

(b)The procedural rules for public hearings in Chapters 4, 30 and 32 refer to the functions of the Mayor's Agent (Hearing Officer) under this delegated authority.

 

104.5The Mayor's Agent determines if historic landmarks or contributing buildings in historic districts are threatened by demolition by neglect, and pursues appropriate remedies pursuant to the Act.

 

(a)This authority may be exercised by the Historic Preservation Office under the supervision of the Mayor's Agent.

 

(b)The Historic Preservation Office may pursue enforcement remedies with the assistance of the Office of the Corporation Counsel, the Department of Consumer and Regulatory Affairs, or other agencies as appropriate.

 

104.6The Mayor's Agent issues regulations to carry out the provisions of the Act. These regulations may be issued jointly with the State Historic Preservation Officer and Historic Preservation Review Board.

 

104.7The Mayor's Agent may enter into agreements with DCRA to provide for primary or coordinated enforcement of the Historic Protection Act by the HPO staff.

 

source

Notice of Final Rulemaking published at 51 DCR 7447 (July 30, 2004).