Section 16-323
§ 16-323 Rules submitted to council. Rules adopted by the commissioner
pursuant to this chapter shall become effective only after filing and
publication as prescribed by chapter forty-five of the charter. In
addition, notwithstanding the provisions of chapter forty-five of the
charter, prior to adoption by the commissioner of a final rule pursuant
to subdivision e of section one thousand forty-three of the charter, and
after consideration of relevant comments presented pursuant to
subdivision d of such section, the commissioner shall submit to the
council the text of the final rule proposed to be published in the city
record. The council shall have thirty days from the date of such
submission to comment upon such text. The final rule may include
revisions in response to comments from the council and shall not be
published in the city record before the thirty-first day after such
submission, unless the speaker of the council authorizes earlier
publication.
Section 16-324
§ 16-324 Enforcement. a. Subject to the provisions of subdivision b of
this section, any person who violates this chapter, except subdivision g
of section 16-308 of this chapter or section 16-310.1 of this chapter,
or any rule promulgated pursuant thereto, shall be liable for a civil
penalty recoverable in a civil action brought in the name of the
commissioner or in a proceeding returnable before the environmental
control board, as follows:
1. For residential buildings containing fewer than nine dwelling
units, the civil penalty shall be in an amount of twenty-five dollars
for the first violation, fifty dollars for the second violation
committed on a different day within a period of twelve months, and one
hundred dollars for the third and each subsequent violation committed on
a different day within a period of twelve months, provided that the
court before which such civil action is brought or such board may waive
the penalty for the first violation upon a showing of good cause.
2. For residential buildings containing nine or more dwelling units
and commercial, manufacturing or industrial buildings, the civil penalty
shall be in an amount of one hundred dollars for the first violation,
two hundred dollars for the second violation committed on a different
day within a period of twelve months, and four hundred dollars for the
third and each subsequent violation committed on a different day within
a period of twelve months, provided that the court before which such
civil action is brought or such board may waive the penalty for the
first violation upon a showing of good cause. The owner, net lessee or
person in charge of any residential building of nine or more dwelling
units or a commercial, manufacturing or industrial building with respect
to which four or more violations were committed on different days within
a period of six months shall be classified as a persistent violator.
3. For persistent violators only, each container or bag containing
solid waste that has not been source separated or placed out for
collection in accordance with the rules promulgated by the commissioner
pursuant to this chapter shall constitute a separate violation, provided
that no more than twenty separate violations are issued on a per bag or
per container basis during any twenty-four hour period. Before issuing
any such notices of violation to a persistent violator on a per bag or
per container basis, the commissioner shall give such violator a
reasonable opportunity to correct the condition constituting the
violation.
4. There shall be a rebuttable presumption that the number of dwelling
units designated on a notice of violation issued pursuant to this
section reflects the number of dwelling units in the residential
building for which the notice of violation was issued. Where such
presumption is rebutted, the number of dwelling units on such notice of
violation shall be deemed modified accordingly, and in no event shall
such notice of violation be dismissed solely on the ground that the
number of dwelling units on the original notice of violation was
incorrectly stated.
5. The commissioner or the commissioner's designee shall establish a
recycling training program for owners or employees of residential
buildings of nine or more dwelling units for which at least three
notices of violation for failing to properly source separate designated
recyclable material have been issued within a twelve-month period and
which the commissioner determines to be in need of recycling training.
Such training program shall require the building owner, or an employee
who is primarily responsible for waste disposal and/or janitorial
services for any such building, to attend a training program established
by the commissioner or the commissioner's designee designed to improve
recycling practices at such building and a fee may be imposed on any
owner or employee who participates in such training program. Such
training program may be held in any location designated by the
commissioner or the commissioner's designee, including, in order to
facilitate tenant participation, at such building.
b. Any person who violates subdivision g of section 16-308 of this
chapter shall be liable for a civil penalty in the amount of two hundred
fifty dollars for the first violation, one thousand dollars for the
second violation committed within a twelve-month period, and two
thousand five hundred dollars for the third and each subsequent
violation committed within a twelve-month period.
c. Any owner or other person responsible for a publicly accessible
textile drop-off bin who violates subdivision b of section 16-310.1 of
this chapter shall be liable as follows:
1. In the event that a publicly accessible textile drop-off bin is
impermissibly placed on city property, or property maintained by the
city, or on any public sidewalk or roadway, the owner of the publicly
accessible textile drop-off bin, if the address of such owner is
ascertainable, shall be notified by the department by certified mail,
return receipt requested, that such publicly accessible textile drop-off
bin must be removed within thirty days from the mailing of such notice.
A copy of such notice, regardless of whether the address of such owner
or other responsible person is ascertainable, shall also be affixed to
the publicly accessible textile drop-off bin. This notice shall state
that if the address of the owner or other responsible person is not
ascertainable and notice is not mailed by the department, such publicly
accessible textile drop-off bin shall be removed within thirty days from
the affixing of such notice. This notice shall also state that the
failure to remove the publicly accessible textile drop-off bin within
the designated time period will result in the removal and disposal of
the publicly accessible textile drop-off bin by the department. This
notice shall also state that if the owner or other responsible person
objects to removal on the grounds that the publicly accessible textile
drop-off bin is not on city property, or property maintained by the
city, or on any public sidewalk or roadway, such owner or other
responsible person may send written objection to the department at the
address indicated on the notice within twenty days from the mailing of
such notice or, if the address of such owner or other responsible person
is not ascertainable and notice is not mailed by the department, within
twenty days from the affixing of such notice, with proof that the
publicly accessible textile drop-off bin is not on city property, or
property maintained by the city, or on any public sidewalk or roadway.
Proof that the publicly accessible textile drop-off bin is not on city
property, or property maintained by the city, or on any public sidewalk
or roadway shall include, but not be limited to, a survey of the
property prepared by a licensed surveyor that is certified by the record
owner of such property.
2. Any owner or other person responsible for an impermissibly placed
publicly accessible textile drop-off bin that fails to respond within
twenty days of receipt of such notice under paragraph one of this
subdivision or otherwise fails to establish that the publicly accessible
textile drop-off bin is not on city property, or property maintained by
the city, or on any public sidewalk or roadway pursuant to paragraph one
of this subdivision, shall be liable for a civil penalty in the amount
of one hundred dollars, recoverable in a proceeding returnable before
the environmental control board.
d. Any notice of violation or notice of hearing for a violation issued
to the owner, net lessee or person in charge of a premises at which a
violation of this chapter or any rule promulgated pursuant thereto is
alleged to have occurred shall be served by delivering a copy of the
notice thereof at the address maintained in the records of the
department of housing preservation and development or the department of
finance. The notice of violation or notice of hearing may be served by
regular mail or in accordance with section one thousand forty-nine-a of
the charter.
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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