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In an effort to protect city landmarks from demolition by neglectful owners, a bill was passed unanimously last week by the City Council’s Land Use Committee and if it becomes law, will further enable the Landmarks Preservation Commission to preserve some of the borough’s most precious historical sites.

The Demolition By Neglect/Failure to Maintain Bill was introduced by Councilman Tony Avella (D-Bayside) and had the support of 45 preservation societies, eight of which are in Queens.

According to Avella, “The existing landmark law doesn’t give authority to preserve these buildings from deteriorating to the point where they have to be demolished because of neglecting owners.” The bill that was passed entails sending a warning letter and holding a hearing at the Environmental Control Board before any civil fines could be levied. It would not be invoked for minor deficiencies, but only for deterioration so serious that it will soon pose a threat to public safety.

Both Avella and James Driscol, the vice president of the Queens Historical Society, cited the RKO Keith’s Theater in Flushing, which suffered serious damage after Flushing developer Tommy Huang acquired the site in the 1990s.

Huang was convicted of environmental crimes after he spilled waste oil in the basement of the theater, and was eventually forced to give up control of the property, which he wanted to turn into a shopping mall. Opening in 1928, it was landmarked in 1984 and served as an old-time movie palace.

Driscol said, “One of the worst examples of demolition by neglect was St. Monica’s Church, which was located on the campus of York College.” According to Driscol, York was supposed to have a use for the Roman Catholic church, which was built in 1856, but many years of vacancy left it in sad shape. In 1998, the roof of the church collapsed. Driscol acknowledged that he had no proof that York had hopes that the church would fall down.

According to the Greater Astoria Historical Society Web site, “Heavy rains finally undermined the ailing structure as agencies in the city, state and Landmarks Commission clashed over its ultimate fate.” As one of the oldest Roman Catholic churches in Queens, former Gov. Mario Cuomo once served as an altar boy there.

The Arthur Hammerstein house in Beechhurst, which was landmarked in 1982, was built as a sprawling, neo-Tudor house for the successful theatrical producer Arthur Hammerstein. Constructed on waterfront property, Hammerstein, who was married to actress Dorothy Dalton, named it “Wildflower,” following the success of the musical of the same name in 1923.

In 1997 there was a fire. At the time, there were stories that a vagrant had set the house on fire, but unsubstantiated rumors persisted that the developer who owned it tried to burn the building down. It has since been restored.

Avella said that if the new bill becomes law, the LPC will be able to have a quick and less expensive method of stopping owners from this type of demolition. The right of the LPC to enforce the maintenance of landmark properties was recently upheld by the New York State Supreme Court, but it took major municipal resources and two years to resolve the case, according to Avella.

Avella added that there were some concerns from religious groups on the clarity of what can be considered serious neglect or just minor deteriorations, like a broken window, but amendments were made to the bill to clarify the differences. He said that a full City Council vote will be held Feb. 2, and it could be signed into law by March.

Along with the Queens Historical Society, the Beachside Bungalow Preservation Association of Far Rockaway, the Douglaston/Little Neck Historical Society, the Parkway Village Historical Society, the Queensborough Preservation League, the Richmond Hill Historical Society, the Ridgewood Property Owners & Civic Association and the Sunnyside Gardens Preservation Alliance, all from Queens, support the passage of this bill, as well other national, city and Long Island organizations.