(a) Failure to seek a permit. Public owners, project
sponsors, project architects, and professional firms shall not perform
work on a historic building or structure that is designated as a landmark
or nominated for designation as a landmark without applying for and
having been issued a Historic Buildings and Structures Permit by the
commission, or without having been officially authorized by the commission
to proceed prior to issuance of an emergency permit. Work proceeding
without a properly issued permit, with the knowledge of the public
owner or project sponsor, constitutes a violation of the Antiquities
Code of Texas and this chapter. The commission may require that remedial
work be performed under a properly issued permit to address any damage
to the landmark or may deny issuance of a permit for the work and
prevent authorization for a development project to proceed relative
to jurisdiction under the Antiquities Code of Texas. The commission
may also censure a project architect or professional firm for performing
unauthorized work, in accordance with subsection (c) of this section.
(b) Noncompliance with permit terms. If the permittee,
project sponsor, project architect, professional firm, contractor,
or craftsperson fails to comply with the terms of a permit, the commission
may take action to bring the permit into compliance or censure the
responsible firm or individual in accordance with subsection (c) of
this section. Noncompliance includes failure to comply with any of
the rules of the commission, any of the terms of the specific permit
involved, or the Secretary of the Interior's Standards for the Treatment
of Historic Properties; failure to properly conduct or complete the
project, to complete any required reports, or to meet the terms and
conditions of defaulted permits; or failure to act in the best interest
of the state.
(1) Permit hold. The commission may place a noncompliant
permit on hold. In the case of ongoing projects, work must cease immediately.
Such hold may be conveyed by verbal or other informal communication
from commission staff, to be followed by certified letter, return
receipt requested, mailed to the last address furnished to the commission
by the permittee. Commission staff will negotiate with the permittee,
project sponsor, project architect, or professional firm to amend
the permit. If an amendment cannot be reached that would bring noncompliant
work into compliance with the rules, the commission staff will refer
the permit to the Antiquities Advisory Board.
(2) Permit cancellation. The Antiquities Advisory Board
will consider cases referred by the commission staff and may recommend
that the commission cancel a permit. If a permit is canceled, the
commission staff will notify the permittee of such cancellation by
certified letter, return receipt requested, mailed to the last address
furnished to the commission by the permittee. Upon notification of
cancellation, the permittee, project sponsor, project architect, and
professional firm shall remove all construction personnel and equipment
from the area or site within 24 hours. A permit, which has been canceled,
can be reinstated by the commission if good cause is shown within
30 days.
(c) Censure. The Antiquities Advisory Board may recommend
that the commission censure a project architect, professional firm,
contractor, or craftsperson. Such censure will result in the denial
of permits to a project architect or professional firm, or the inability
of a contractor or craftsperson to perform work under a permit, for
a six-month period. Commission staff will send a letter of reprimand
for each offense. More than one offense in a one year period could
result in permit censuring for a period of six months for each offense.
(d) The commission may seek other remedies in accordance
with Texas Natural Resources Code, Title 9, Chapter 191, Subchapter
F (concerning Enforcement).
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