Section 15-202
§ 15-202 Obstruction of fire stations. It shall be unlawful to
obstruct the entrance to or exit from any fire station.
Section 15-203
* § 15-203 Right of way of fire apparatus; obstructing. The officers
and members of the department, and the officers and members of the
insurance patrol respectively, with their apparatus of all kinds, when
on duty, shall have the right of way at and in proceeding to any fire or
other emergency in any highway, street or avenue, over any and all
vehicles of any kind, except those carrying the United States mail. It
shall be unlawful for any person in or upon any vehicle to refuse the
right of way, or in any way obstruct any fire apparatus, or any
apparatus of the insurance patrol, or any of such officers while in the
performance of duty.
* NB Amended L.L. 80/85 § 1, language juxtaposed per Ch. 907/85 § 14
Section 15-204
* § 15-204 Motor vehicles having the appearance of apparatus and
vehicles of the department and fire patrol prohibited. It shall be
unlawful for any person to use or possess a motor vehicle which is
designed, designated, painted, colored or provided with insignia to have
the appearance or take on the form of the apparatus and vehicles of the
department or fire patrol, excepting emergency vehicles of public
service corporations or companies doing construction or excavation work
under franchises, without an authorization in writing issued by the
commissioner, in his or her discretion, and in accordance with such
regulations as he or she may prescribe. Such authorization shall be
valid until revoked by the commissioner, and shall not be transferable.
* NB Amended L.L. 80/85 § 2, language juxtaposed per Ch. 907/85 § 14
Section 15-205
§ 15-205 Obstruction of fire hydrants. It shall be unlawful in any
manner to obstruct the use of any fire hydrant, or to allow any snow or
ice to be thrown or piled upon or around the same, or to place, or allow
to be placed, any material or thing in front thereof, from the curb line
to the center of the street and to within ten feet from either side
thereof. All snow and ice accumulating in the street, within such space,
shall be removed by the owner, lessee, or tenant of the premises
fronting such space. All material or things found obstructing any fire
hydrant may be forthwith removed by the officers or employees of the
department, at the risk, cost and expense, of the owner or claimant. The
provision of this section requiring that no thing shall be placed within
ten feet from either side of a fire hydrant shall not apply to any
newsstand which was first licensed by the department of consumer affairs
prior to the first day of August, nineteen hundred seventy-nine where
the person who held the license for such newsstand on the first day of
August, nineteen hundred ninety-one continues to be the licensee for
such newsstand; provided, however, that where a newsstand which was
first licensed prior to the first day of August, nineteen hundred
seventy-nine is reconstructed in its entirety or in substantial part,
which reconstruction was commenced on or after the first day of August,
nineteen hundred ninety-one, such newsstand shall be subject to such
requirement that no thing be placed within ten feet from either side of
a fire hydrant.
Section 15-206
§ 15-206 Fire hose. It shall be unlawful for the operator of any
vehicle to drive over or across any hose in use, or about to be used, or
while lying in the street after being used by the department. The
provisions of this section shall not apply to drivers of wagons carrying
the United States mail, nor to drivers of ambulances when conveying any
patient or injured person to any hospital, or when proceeding to the
scene of any accident by which any person or persons have been injured,
nor to the operator of any vehicle directed or permitted to drive over
or across any such hose by the officer of the department in command of
the force operating at a fire or other emergency.
Section 15-207
§ 15-207 Fire lines. During the actual prevalence of any fire or other
emergency, the officers of the police and fire departments shall remove,
or cause to be removed and kept away from the vicinity of such fire or
other emergency, all idle and suspicious persons, and all persons unfit
to be employed, or not actually and usefully employed, in aiding the
extinguishment and termination of such fire or other emergency or in the
preservation of property in the vicinity thereof.
Section 15-208
* § 15-208 Interfering with or obstructing officials, officers and
members of department. It shall be unlawful for any person to disobey
the lawful orders of a department official, fire officer or firefighter
or to offer resistance or interfere with the lawful activities of said
officials and members while engaged in the performance of fire fighting
duties or to commit any act likely to prevent a fire from being
extinguished.
* NB Amended L.L. 80/85 § 3, language juxtaposed per Ch. 907/85 § 14
Section 15-214
* § 15-214 False alarms. a. Any person who shall wilfully or
designedly give, raise, create or continue a false alarm of fire, or who
shall wilfully tamper, meddle or interfere with any station or signal
box of any fire alarm telegraph system, or any auxiliary fire appliance,
or who shall wilfully break, injure, deface or remove any such box or
station, or who shall wilfully break, injure, deface or remove any of
the wires, poles or other supports and appliances connected with or
forming a part of any fire alarm telegraph system, shall be punished by
imprisonment not exceeding one year or a fine not exceeding ten thousand
dollars, or both, for each offense.
b. Aiding or abetting in giving false fire alarms. Any person aiding
or abetting or assisting in the commission of any of the acts described
in subdivision a of this section, shall be punished by imprisonment not
exceeding one year or a fine not exceeding ten thousand dollars, or
both, for each offense.
* NB Amended L.L. 80/85 § 22, language juxtaposed per Ch. 907/85 § 14
Section 15-215
§ 15-215 Tampering with automatic sprinkler systems. a. It shall be
unlawful for any person to tamper with a system of automatic sprinklers
in any building or occupancy by damaging such a system or otherwise
preventing it from properly functioning.
b. It shall be unlawful for any person to tamper with a system of
automatic sprinklers in any building or occupancy by causing such a
system to activate or otherwise release its fire extinguishing agent
when there is no fire condition or other public safety consideration
requiring such activation or release.
c. Nothing contained in this section shall be construed to make
unlawful any maintenance or inspection of a system of automatic
sprinklers by any person acting with the authorization of the owner of
the building or occupancy, when such person possesses such permits,
licenses or certifications as may be required to perform such
maintenance and inspection.
d. This section shall be enforceable by the department and such other
agencies as the mayor may direct.
Section 15-216
§ 15-216 Fines and penalties. a. Any person who shall violate or fail
to comply with any laws, rules, or regulations enforceable by the
department, unless a different penalty is specifically provided, shall
be guilty of a violation and upon conviction thereof shall be punished
by a fine of not more than five thousand dollars for each offense. Such
person shall also be subject to the payment of a civil penalty of not
more than five thousand dollars which may be recovered in a civil action
brought in the name of the commissioner.
b. Any person who shall knowingly violate or fail to comply with any
laws, rules, or regulations enforceable by the department, unless a
different penalty is specifically provided, shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of
not more than ten thousand dollars or imprisonment for not more than six
months or both for each offense. Such person shall also be liable for a
civil penalty of not more than ten thousand dollars which may be
recovered in a civil action brought in the name of the commissioner.
* c. The commissioner, in his or her discretion, may pay a portion of
a fine or penalty when collected, not to exceed one-half thereof, to any
person giving information of any such violation.
* NB Added L.L. 80/85 § 8, language juxtaposed per Ch. 907/85 § 14
Section 15-217
§ 15-217 Suits and actions. The commissioner is authorized and
empowered to receive and collect all license fees mentioned in this
title and chapter four of title twenty-seven of the code, and may sue
for, and shall have the exclusive right of recovery of any and all fees,
fines and penalties imposed hereunder, together with costs. Such action
may be brought in any of the courts of record of the city. The
commissioner may bring any action for the enforcement of the rights and
contracts of the department, and for the protection, possession and
maintenance of the property under its control. All actions authorized by
this title and chapter four of title twenty-seven of the code shall be
brought in the name of the commissioner of the city of New York. The
commissioner is authorized to settle or compromise any suit or judgment
for less than the amount demanded or recovered, in case he or she is
satisfied that the full amount cannot be collected. The commissioner and
the corporation counsel shall pay all license fees, fines and penalties
received by them pursuant to any of the provisions of this title and
chapter four of title twenty-seven of the code into the general fund of
the city established pursuant to section one hundred nine of the
charter.
Section 15-218
§ 15-218 Purposes of investigations. The commissioner, the chief and
deputy chief fire marshals, the assistant fire marshals, and such other
employees of the department designated by the commissioner, shall
investigate, examine and inquire into the following matters:
1. The origin, detail and management of fires in the city,
particularly of supposed cases of arson, incendiarism, or fires due to
criminal carelessness.
2. The violation of any of the several regulations, orders, or special
directions issued by the commissioner, for the purpose of discovering
any delinquency in the performance of duty, or violations of discipline,
on the part of any officer, agent, or employee of the department.
3. The violation, or supposed violation, of any of the provisions of
this title or chapter four of title twenty-seven of the code.
Section 15-219
§ 15-219 Compelling attendance of witnesses. a. Power of subpoena of
commissioner.
1. The commissioner, in and about any investigation authorized by
section 15-218 of this title, and touching any matter connected
therewith, may subpoena and compel the attendance of any person or
persons, and the production of any books, papers, archives or documents
in his, her or their possession or control, which, in the judgment of
the commissioner or of the chief or deputy chief fire marshal, is
connected with and necessary to such investigation.
2. For such purpose, the corporation counsel, at any time, may cause
subpoenas to be issued out of the supreme court, attested under the name
of a justice of such court, in like form and with same effect as though
issued by such justice in any action pending in a court of record, and
such subpoenas may be served, and proof of service may be made, in the
same manner as by law provided for the service of subpoenas out of such
court. Upon proof of service of the subpoena, and proof of
non-compliance therewith, or failure to attend and testify as directed
therein, or failure to produce any book, paper, archive or document in
the possession or control of the persons named in the subpoena, and
directed to be produced therein, or failure or refusal on their part to
answer any pertinent question, application may be made before any
justice of the supreme court, who may thereupon cause to be arrested and
punished as for a contempt of the orders of such court the person or
persons named in such subpoena.
3. Any person subpoenaed under this section shall attend and testify
upon such adjourned day or days and at such adjourned time and place as
may be designated by the commissioner or chief or deputy chief fire
marshal.
b. Power of subpoena of fire marshal.
1. A fire marshal shall have the power to issue a notice in the nature
of a subpoena, in such form and subscribed in such manner as the
commissioner shall prescribe, to compel the attendance of any person as
a witness before such fire marshal, to testify in relation to any matter
enumerated in section 15-218 of this title.
2. Upon the presentation of satisfactory proof of due service of any
such notice in the nature of a subpoena upon any such witness, and of
failure to obey the same, it shall be the duty of the commissioner to
make an order that such witness be arrested and brought before the
marshal, to testify in relation to the subject matter of the inquiry.
Such order may be executed by any member of the police force or any
member of the force having the power of police officers, who may arrest
and bring the witness before such marshal; but such witness shall not be
detained longer than is necessary to take such testimony.
c. Additional penalty for disobedience of subpoena. Any person or
persons who fail to attend and testify as required by any subpoena
issued under the authority of this section shall be liable to a penalty
in the sum of fifty dollars.
Section 15-220
§ 15-220 Administering oaths; taking and transmitting testimony. a.
The commissioner, the chief and deputy chief fire marshals, and the
assistant fire marshals, in conducting any investigation authorized by
section 15-218 of this title, shall have the power to administer oaths
and affirmations, and any false swearing under such oath or affirmation
shall be perjury.
b. The chief fire marshal, or other person conducting such
investigation shall take the testimony, under oath, of all persons
supposed to be cognizant of any fact, or to have means of knowledge, in
relation to the subject of the investigation, and shall cause the same
to be reduced to writing and verified. All such testimony, together with
the report of the investigating officer setting forth his or her
opinions and conclusions in respect to the matter, shall be transmitted
to the commissioner. A copy of such testimony and report may be
furnished, in the discretion of the commissioner, to the police
department, to the district attorney of the county in which a crime is
believed to have occurred, to the New York board of fire underwriters,
to the owners of the property involved, and to other persons interested
in the subject matter of the investigation. In all cases of supposed
arson, incendiarism, or fires due to criminal carelessness, the
commissioner, or officer authorized by the commissioner, shall promptly
seek the cooperation of such police department and district attorney,
and shall report to such attorney, without delay, all evidence, with the
addresses of probable witnesses.
Section 15-220.1
§ 15-220.1 False statements in certificates, forms, written
statements, applications, reports or certifications of correction. a.
Any person who shall knowingly make a false statement or who shall
knowingly falsify or allow to be falsified any certificate, form, signed
statement, application, report or certification of the correction of a
violation required under the provisions of any laws, rules, or
regulations enforceable by the department, shall be punished by a fine
of not less than one thousand dollars nor more than five thousand
dollars or by imprisonment not to exceed six months, or both for each
such offense.
* b. Such person shall also be liable for a civil penalty of not less
than one thousand dollars nor more than five thousand dollars which may
be recovered in a proceeding before the environmental control board. In
any such proceeding which relates to a false statement in a
certification filed pursuant to section 15-230, if an inspection made
within six months after the filing of the certification finds a
condition constituting a violation which is the same as the condition
described in the notice of violation with respect to which such
certification was filed, there shall be a rebuttable presumption that
the condition described in such notice of violation continued and is the
same condition found in the inspection.
* NB Added L.L. 80/85 § 8, language juxtaposed per Ch. 907/85 § 14
Section 15-221
§ 15-221 Arrest of persons suspected of arson. It shall be the duty of
the chief and deputy chief fire marshals, the assistant fire marshals,
or other employees authorized by the commissioner to conduct
investigations, whenever they shall be of the opinion that there is
sufficient evidence to charge any person with the crime of arson or
attempted arson, to arrest or cause such person to be arrested and
charged with such offense.
Section 15-223
§ 15-223 Issuance of orders. Upon finding that a violation of any law,
the enforcement of which is charged upon the department, exists in any
vessel, premises, ground, structure, building, or underground passage,
the commissioner, the chief fire marshal, or such other member of the
department designated by such commissioner, may issue a printed or
written order directing the owner or occupant to alter, remedy, or
remove such violation in such manner and in such reasonable time as is
stated therein. Such order may authorize and direct the use of such
materials and appliances as may be proper and necessary.
Section 15-223.1
* § 15-223.1 Orders; penalty for noncompliance. a. Any person who
shall violate or fail to comply with an order issued by the
commissioner, except an order issued pursuant to section 15-230, shall
be guilty of a violation and, upon conviction thereof, shall be punished
by a fine not to exceed five thousand dollars. Such person shall also be
subject to the payment of a civil penalty of not more than five thousand
dollars to be recovered in a civil action brought in the name of the
commissioner or in a proceeding before the environmental control board.
b. Any person who shall knowingly violate or fail to comply with any
order of the commissioner, except an order issued pursuant to section
15-230, shall be guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine of not more than ten thousand dollars or
imprisonment for not more than six months or both for each offense. Such
person shall also be subject to a civil penalty of not more than ten
thousand dollars to be recovered in a civil action brought in the name
of the commissioner or in a proceeding before the environmental control
board.
* NB Added L.L. 80/85 § 8, language juxtaposed per Ch. 907/85 § 14
Section 15-224
§ 15-224 Service of orders. Orders of the department or of the
commissioner shall be addressed to the owner or owners, lessees or
occupants of the building, structure, enclosure, vessel, place or
premises affected thereby. It shall be unnecessary to designate such
owner or owners, lessees or occupants, by name in any such order, but
the premises shall be designated in the address, so that the same may be
readily identified. Service of any such order may be made by delivery of
a copy thereof to the owner or any one of several owners, to a lessee or
any one of several lessees, or to any person of suitable age and
discretion in charge or apparently in charge of the premises, or if no
person be found in charge of the premises then by affixing a copy of
such order prominently upon the premises.
Section 15-225
§ 15-225 Transmitting notice to owner. In case any order of the
department or of the commissioner shall be served upon or given to any
lessee or person in possession or charge of the building, structure,
enclosure, vessel, place or premises therein described, it shall be the
duty of such person to give immediate notice to the owner or agent of
such building, structure, enclosure, vessel, place or premises named in
the order, if the same shall be known to such person personally, and
such owner or agent shall be within the limits of the city, and his or
her residence known to such person; and if such owner or agent be not
within the city, then by depositing a copy of such order in any post
office in the city, properly enclosed and addressed to such owner or
agent, at his or her then place of residence, if known, and with the
postage prepaid. In case any such lessee or person in possession or
charge shall neglect to give such notice as herein provided, he or she
shall be personally liable to the owner or owners of such building or
premises for all damages he, she or they shall sustain by reason of such
neglect.
Section 15-226
§ 15-226 Violations; order to remove. In case an order is not complied
with within the time set forth therein, the commissioner may execute and
enforce such order with employees and equipment of the department, or by
the employment of such other agencies as the commissioner may direct.
Nothing contained in this section, however, shall be held to authorize
the commissioner to alter the construction of any building, structure,
or vessel, or to supply any structural deficiency in the fire alarm,
fire extinguishing, or fire escape equipment thereof. The party
offending shall pay the expense of enforcing such order and, in addition
thereto, shall forfeit and pay to the department the sum of fifty
dollars. Where the order relates to the storage of explosive or
combustible compounds or mixtures, the party offending shall pay an
additional penalty of twenty-five dollars plus five dollars for each
day's neglect or refusal to comply with such order.
Section 15-227.
§ 15-227. Violations; order to vacate building. a. Any building,
structure, enclosure, vessel, place or premises perilous to life or
property in case of fire therein or adjacent thereto, by reason of the
nature or condition of its contents, its use, the overcrowding of
persons therein, defects in its construction, or deficiencies in fire
alarm, fire extinguishing or fire escape equipment, or by reason of any
condition in violation of law, or order of the commissioner, is a public
nuisance within the meaning of the code and the penal law. The
commissioner is empowered to abate any such public nuisance.
b. In case any order to remedy a condition eminently perilous to life
or property issued by the commissioner or the department is not complied
with, or the commissioner certifies in writing that an emergency exists
requiring such action, he or she may order and immediately cause any
building or structure or part thereof (i) to be vacated; and, also, if
the commissioner determines such action is necessary to the preservation
of life and safety, (ii) to be sealed, secured and closed; provided,
however, that the commissioner shall not order sealed, secured, and
closed any dwelling unit or other space lawfully used for residential
purposes. Upon the issuance of an order to seal, secure and close, no
person shall have access to such premises except as authorized by the
commissioner. For the purpose of this section, "sealed, secured and
closed" shall mean the use of any means available to render the
building, structure or part thereof inaccessible, including but not
limited to the use of a padlock or cinder blocks.
c. All orders issued pursuant to this section shall be posted upon the
premises. Immediately upon the posting of an order upon the premises,
officers and employees of the police department, the department, and
other authorized officers and employees of the city shall immediately
act upon and enforce such order. The police department shall provide all
reasonable assistance to the department and other authorized officers
and employees necessary to carry out the provisions of this section. If
an order issued pursuant to this section is not complied with within the
time designated therein, the commissioner, in addition to or in lieu of
any other remedy or power, may apply to the supreme court, at a special
term thereof, without notice, for an order directing him or her to
vacate and/or seal, secure and close such building or premises or so
much thereof as he or she may deem necessary, and prohibiting and
enjoining all persons from using or occupying the same for any purpose
until such measures are taken as may be required by such order.
d. (i) Any order to seal, secure and close issued pursuant to item
(ii) of subdivision b of this section shall contain notice of the
opportunity for a hearing with respect to such order, to determine if
the order was properly issued in accordance with the provisions of this
section. Such hearing shall be conducted by the commissioner, or in the
commissioner's discretion, by the office of administrative trials and
hearings or the environmental control board. If the matter is referred
to such office or board, the hearing officer shall submit his or her
findings of fact and a recommended decision to the commissioner. The
hearing shall be held within three business days after the receipt of
the written request of an owner, lessor, lessee or mortgagee for such
hearing and the commissioner shall render a decision within three
business days after such hearing is concluded.
(ii) Any order issued pursuant to this section shall be served in
accordance with section 15-224 of the code and, in addition, shall be
mailed to the record owner of such premises and any record mortgagee of
such premises at the address for such person as set forth in the
recorded instrument and to the person designated as owner or agent of
the building or designated to receive real property tax or water bills
for the building at the address for such person contained in one of the
files compiled by the department of finance for the purpose of the
assessment or collection of real property taxes and water charges or in
the file compiled by the department of finance from real property
transfer forms filed with the city register upon the sale or transfer of
real property. A copy shall also be filed with the county clerk of the
county in which such premises are located. Such filing shall be notice
of the order to any subsequent owner and such owner shall be subject to
such order.
e. An order issued pursuant to this section shall not be rescinded
unless the owner, lessor, lessee or mortgagee seeking such rescission
provides assurance, in a form satisfactory to the commissioner, that the
conditions which caused the issuance of such order have been corrected
and will not reoccur. If such order is rescinded, upon the request of
the owner, lessor, lessee or mortgagee, the commissioner shall provide a
certified copy of such rescission, which may be filed with the county
clerk of the county in which such premises are located.
f. The commissioner shall give written notice of the closing of any
building or structure or part thereof pursuant to this section, and any
subsequent actions taken with respect thereto, as soon as practicable,
to (i) the borough president of the borough within which the closing has
occurred; (ii) the council member representing the district within which
the closing has occurred; and (iii) the local community board. On
January first of each year, the commissioner shall submit a report to
the council, setting forth the number of closings made in the previous
year, the locations of such closings, and the nature and use of the
premises closed. The commissioner shall, in addition, as soon as
practicable after a building, structure or part thereof has been closed,
make and publish a report of said closing in a manner calculated to
quickly notify the local community in which such closing occurred. The
commissioner shall also make and publish a report of any premises
reopened pursuant to his or her permission under this section. Failure
to comply with this subdivision shall not invalidate any action taken by
the commissioner pursuant to this section.
Section 15-227.1
§ 15-227.1 Penalties for violation of order to vacate and order to
seal, secure and close; access to premises. a. Any person who violates
the provisions of an order to vacate issued pursuant to section 15-227
of this code shall be liable for a civil penalty of not more than
twenty-five thousand dollars and an additional civil penalty of not more
than one thousand dollars for each day the violation continues.
b. Except as authorized by the commissioner, any person who removes or
causes to be removed the seal from any premises sealed in accordance
with an order of the commissioner or his or her designee shall be guilty
of a misdemeanor punishable by imprisonment for no more than one year or
a fine not to exceed fifty thousand dollars, or both such fine and
imprisonment. Such person shall also be subject to a civil penalty not
to exceed fifty thousand dollars.
c. The commissioner shall allow access to the premises to an owner, or
a lessor, lessee or mortgagee, in accordance with the terms of the
parties' lease or mortgage agreement, upon the following conditions: (i)
the submission of a written affirmation, satisfactory to the
commissioner, that such person or persons will commence or cause to be
commenced without delay all work necessary to correct the conditions
stated in the vacate order or otherwise to make the premises suitable
for a lawful use and will complete such work within a period of time and
in a manner to be approved by the commissioner; (ii) the submission of
an affirmation or other proof satisfactory to the commissioner
describing the steps that have been taken and will be taken in the
future to ensure that the premises will be used or operated in a lawful
manner and specifying such lawful use; (iii) if a license, permit or
certificate of occupancy is necessary for such lawful use, the
submission of a written affirmation or other proof, satisfactory to the
commissioner, describing the steps that have been taken and will be
taken in the future to ensure that such premises will be used or
operated in compliance with any law requiring such license, permit or
certificate of occupancy; and (iv) if the premises are leased and the
person making the affirmations described in items (i), (ii) and (iii) is
not such lessee, the commissioner may also require any authorized person
seeking access pursuant to this subdivision to submit an affirmation or
other proof that proceedings to enable such person to take actions
necessary to ensure compliance with the affirmations submitted by such
authorized person pursuant to items (i), (ii) and (iii) have been
commenced.
d. Any person who makes a material false statement in any document
submitted pursuant to subdivision c of this section which statement he
or she knows or has reason to know will be relied upon by the
commissioner in determining whether he or she will allow access to the
premises shall be liable for a civil penalty of not more than fifty
thousand dollars.
e. Notwithstanding any other law, rule, or regulation, any person,
corporation, partnership, association or any other legal entity who
permits a building, structure or part thereof to be unlawfully occupied
or used in contravention of an order of the commissioner pursuant to
section 15-227, or who negligently fails to prevent or prohibit such
unlawful occupancy or use, shall be liable for a civil penalty of not
more than one million dollars, if any other person suffers serious
physical injury, as defined in section ten of the penal law, or death in
the building, structure or part thereof subject to such order, as a
result of such unlawful occupancy or use. If more than one person
suffers serious physical injury or death, such penalty shall be
recoverable for each person suffering injury or death. Such penalty
shall be recovered in a civil action brought by the corporation counsel
in the name of the city in any court of competent jurisdiction. In
determining the amount of the civil penalty to be imposed the court
shall consider:
(i) the extent and severity of injury to persons and property caused
by the violation;
(ii) the history of violations by the defendant at such premises, or
any other premises, of laws, rules or regulations enforced by the
department;
(iii) the degree of willfulness, recklessness, or negligence displayed
by the defendant in committing the subject violation;
(iv) the defendant's financial resources; and
(v) the defendant's good faith efforts to cure the subject violation,
including efforts to obtain entry to or possession of the premises in
order to do so.
In the event that any person seriously injured or the family of any
person who has died as the result of any unlawful occupancy or use
described in this subdivision is unable to collect a judgment recovered
in a civil action for personal injury or wrongful death against a
defendant who has violated this subdivision because of the insolvency of
such defendant, the city may, in its discretion, pay to such injured
person or the family of such deceased person an amount, as hereinafter
provided, collected from such defendant in an action relating to the
same injury or death commenced by the corporation counsel against such
defendant pursuant to this subdivision. Payments pursuant to this
subdivision shall be made as a matter of grace and shall be in such
amounts and in accordance with such standards and procedures as shall be
established by the mayor, provided, however, that any payment made
pursuant to this subdivision shall be in an amount not exceeding
out-of-pocket expenses, including indebtedness reasonably incurred for
medical or other services necessary as a result of the injury upon which
such action is based; loss of earnings or support resulting from such
injury; burial expenses not exceeding two thousand five hundred dollars
of a person who died as a result of such unlawful occupancy or use
described in this subdivision; and the unreimbursed cost of repair or
replacement of articles of essential personal property lost, damaged or
destroyed as a direct result of such unlawful occupancy or use. In no
event shall the payment made to any person exceed the amount of such
person's uncollected judgment for personal injury or wrongful death and
in no event shall the total amount paid to any number of persons with
such uncollected judgments against a single defendent exceed the actual
amount collected by the city from such defendant in an action under this
subdivision.
Section 15-228
§ 15-228 Expenses of enforcing orders. The expenses attending the
execution of any and all orders duly made by the department shall
respectively be a several and joint personal charge against each of the
owners or part owners, and each of the lessees and occupants of the
building, structure, vessel, enclosure, place or premises to which such
order relates, and in respect to which such expenses were incurred; and
also against every person or body who was by law or contract bound to do
that in regard to such building, structure, vessel, enclosure, place or
premises which such order requires. Such expenses shall also be a lien
on all rent and compensation due, or to grow due, for the use of any
building, structure, vessel, enclosure, place or premises, or any part
thereof, to which such order relates, and in respect to which such
expenses were incurred.
Section 15-229
§ 15-229 Environmental control board; civil penalties. a. In addition
to or as an alternative to any of the remedies and penalties provided in
any laws, rules, or regulations enforceable by the department, any
person who shall violate or fail to comply with any such laws, rules, or
regulations shall, except as otherwise specifically provided in
subdivision c of section 15-230, be liable for a civil penalty which may
be recovered in a proceeding before the environmental control board.
Such proceeding shall be commenced by the service of a notice of
violation returnable before the board. Except as otherwise specifically
provided, such civil penalty shall be determined as follows: (1) The
maximum penalty for the first violation shall be one thousand dollars
($1,000); (2) the maximum penalty for the second and any subsequent
violation of the same provision of law, rule or regulation shall be five
thousand dollars ($5,000), provided the violation is committed by the
same respondent, is for the same provision of law, rule or regulation,
and occurs within eighteen months of first violation, and provided,
further, that if the respondent is the owner, agent, lessee or other
person in control of the premises with respect to which the violation
occurred, the violation occurred at the same premises.
* b. For the purposes of the multiple offense schedule, if the
respondent is the owner or agent of the building or structure with
respect to which the violation occurred or a lessee of the entire
building or structure, the term premises shall mean the entire building
or structure. If the respondent is the lessee or person in control of a
part of such building or structure, the term premises shall mean that
part of such building or structure leased to or under the control of the
respondent.
* NB Added L.L. 80/85 § 8, language juxtaposed per Ch. 907/85 § 14
* c. Notwithstanding any other provision of this section, if the
respondent is the owner or agent of the building or structure with
respect to which the violation occurred or a lessee of the entire
building or structure, a prior violation by the same respondent shall
not serve as a predicate for purposes of the multiple offense schedule
set forth in this section if the prior violation or the violation for
which penalties are to be imposed occurred within an area of the
building or structure which, at the time of the violation, was leased to
and under the control of a person other than the respondent except that
this provision shall not apply if both the prior violation and the
violation for which penalties are to be imposed occurred within areas
leased to and under the control of the same lessee. In any proceeding
before the board, the burden of proof with respect to this exception
shall be upon the respondent.
* NB Added L.L. 80/85 § 8, language juxtaposed per Ch. 907/85 § 14
* d. The commissioner may, by rule or regulation, establish a schedule
of civil penalties providing a maximum penalty for the violation of each
separate provision of law, rule or regulation based on the degree of
seriousness of the violation. Such maximum penalties shall not exceed
the maximum penalties for such violation set forth in this section.
* NB Added L.L. 80/85 § 8, language juxtaposed per Ch. 907/85 § 14
Section 15-230
* § 15-230 Environmental control board proceedings; order to certify
correction. a. Except as otherwise provided in subdivision e of this
section, whenever the commissioner serves a notice of violation such
notice shall include an order which requires the respondent to correct
the condition constituting the violation and to file a certification
with the department that the condition has been corrected. Such order
shall require that the condition be corrected within thirty days from
the date that the order is issued and that certification of the
correction of the condition shall be filed with the department in a
manner and form and within such further period of time as shall be
established by rule or regulation of the department.
b. If the board finds, upon good cause shown, that the respondent
cannot correct the violation within the period specified in subdivision
a, it may, with the concurrence of the commissioner, postpone the period
for compliance with such order upon such terms and conditions and for
such period of time as shall be appropriate under the circumstances.
c. For violations which are subject to the penalties for a first
violation as set forth in section 15-229, if the respondent complies
with the order issued pursuant to subdivision a of this section within
the time set forth in such subdivision there shall be no civil penalty
for such first violation. Such violation may however serve as a
predicate for purposes of the multiple offense schedule set forth in
section 15-229.
d. In any proceeding before the environmental control board, if the
board finds that the commissioner has failed to prove the violation
charged it shall notify the commissioner and the order requiring the
respondent to correct the condition constituting the violation shall be
deemed to be revoked.
e. Subdivisions a, b, c, and d of this section shall not apply to
environmental control board proceedings to impose penalties for
violations of sections 15-220.1, 15-223.1 and 15-231 or to impose
penalties for any violation which the commissioner, in his discretion,
determines to be hazardous.
* NB Added L.L. 80/85 § 8, language juxtaposed per Ch. 907/85 § 14
Section 15-231
* § 15-231 Civil penalty for failure to certify the correction of a
violation. a. Any person who shall fail to comply with an order of the
commissioner issued pursuant to subdivision a of section 15-230 within
the time specified in such subdivision or within such further period of
time as may be provided by the environmental control board pursuant to
subdivision b of section 15-230 shall, in addition to the penalties
which may be imposed for the violation pursuant to section 15-229, be
liable for a civil penalty of not more than five thousand dollars for
each violation for which there has been a failure to comply with such
order. Such civil penalty may be recovered in a proceeding before the
environmental control board.
b. For the purposes of this section, if the environmental control
board finds that a respondent has knowingly made false statements
relating to the correction of a violation in a certification filed
pursuant to section 15-230, such certification as to correction shall be
null and void and the penalties set forth in this section may be imposed
as if such false certification had not been filed with and accepted by
the department.
* NB Added L.L. 80/85 § 8, language juxtaposed per Ch. 907/85 § 14
Section 15-232
* § 15-232 Limitations on power of commissioner to designate
administrative code provisions which may be enforced by the
environmental control board. Notwithstanding any other provision of law,
the commissioner may not designate the following provisions of the
administrative code for enforcement by the environmental control board:
(1) Section 15-208
(2) Section 15-125
(3) Subdivision a of section 15-126
(4) Section 15-214
(5) Paragraph one of subdivision b of section 15-127
(6) Subdivision c of section 15-127
* NB Added L.L. 80/85 § 8, language juxtaposed per Ch. 907/85 § 14
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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