Section 24-178
§ 24-178 Powers of the board. (a) The board, in addition to other
duties assigned to it by law, shall have the power to conduct hearings
pursuant to this chapter and, by the issuance of a subpoena, compel the
attendance of witnesses and the production of any books, papers or other
things relating to the matter under investigation.
(b) The board may, upon notice pursuant to this chapter, and after a
hearing pursuant to section 24-184 of this code, or in default thereof
pursuant to section 24-185 of this code:
(1) Order the commissioner to revoke or suspend a permit or
certificate issued pursuant to this code for any equipment or apparatus,
where such equipment or apparatus causes, or is maintained or operated,
so as to cause a violation of any provision of this code or order or
regulation promulgated by the commissioner or the board.
(2) Order the owner of any equipment or apparatus, which causes or is
maintained or operated so as to cause a violation of any provision of
this code, or any order or regulation promulgated by the commissioner or
the board, to install any apparatus which can reasonably be expected to
correct the violation, or to clean, repair, properly maintain, replace
or alter such equipment or apparatus in a manner which can reasonably be
expected to correct the violation;
(3) Seal any equipment or apparatus which causes or is maintained or
operated so as to cause a violation of any provision of this code or
order or regulation promulgated by the commissioner or the board, except
as provided in subdivision (c) of this section;
(4) Order any person to cease and desist from any activity or process
which causes or is conducted so as to cause, a violation of any
provision of this code or any order or regulation promulgated by the
commissioner or the board, except as provided in subdivision (c) of this
section;
(5) (i) Impose a civil penalty in each instance in an amount as
hereinafter set forth in the table of civil penalties, including
schedules E, F and G of civil penalties for equipment requiring
operating certificates, except as provided in paragraph six of this
subdivision, against any person who violates any provision of this code
or of any order, rule or regulation promulgated thereunder.
TABLE OF CIVIL PENALTIES
========================================================================
Violations related to section, Civil Penalties
subdivision and paragraph Maximum Minimum
________________________________________________________________________
24-109(b)(1).................... $2,600 $650
24-109(b)(2).................... 2,600 650
24-109(b)(3).................... 1,400 350
24-109(b)(4).................... 1,750 440
24-111.......................... 1,750 440
24-112.......................... 1,750 440
24-113.......................... 300 75
24-118
In case of violation of this
section involving incinerators
with grates having cross
sectional areas of less than
twenty-five square feet....... 6,000 1,500
In case of violation of this
section involving incinerators
with grates having cross
sectional areas equal to or
greater than twenty-five
square feet................... 20,000 5,000
24-119(a)....................... 4,000 1,000
24-120.......................... As Per Schedule As Per Schedule
E, F, or G, E, F, or G,
whichever is whichever is
applicable applicable
24-122(a)....................... As Per Schedule As Per Schedule
E, F, or G, E, F, or G,
whichever is whichever is
applicable applicable
24-122(b)(1).................... As Per Schedule E As Per Schedule E
24-122(b)(2).................... As Per Schedule F As Per Schedule F
24-122(b)(3).................... As Per Schedule E As Per Schedule E
24-122(b)(4).................... As Per Schedule G As Per Schedule G
24-122(b)(5).................... As Per Schedule As Per Schedule
E, F, or G, E, F, or G,
whichever is whichever is
applicable applicable
24-141
In the case of violations of
this section by operation of
equipment or apparatus
requiring operating or
registration certificates .... As Per Schedule As Per Schedule
E, F, or G, E, F, or G,
whichever is whichever is
applicable applicable
In the case of violations of
this section by sources other
than those requiring operating
or registration certificates.. 1,000 250
24-142.......................... As Per Schedule As Per Schedule
E, F, or G, E, F, or G,
whichever is whichever is
applicable applicable
24-144.......................... As Per Schedule As Per Schedule
E or F, E or F,
whichever is whichever is
applicable applicable
24-145.......................... As Per Schedule As Per Schedule
E or F, E or F,
whichever is whichever is
applicable applicable
24-146(a)....................... 1,750 440
24-146(b)....................... 12,000 3,000
24-146(c)....................... 1,750 440
24-146(d)....................... 1,400 350
24-146(e)....................... 1,750 440
24-146(f)....................... 3,000 750
24-146.1; provided that such
$1,000-$10,000 penalty shall
not apply to violations of
24-146.1(b)(1).................. 10,000 1,000
24-146.1(b)(1).................. 1,000 250
24-146.3........................ 15,000 1,000
24-147.......................... 3,500 815
24-148.......................... 2,625 660
24-150.......................... 500 125
24-151.......................... 3,500 875
24-153.......................... As Per Schedule As Per Schedule
E or F, E or F,
whichever is whichever is
applicable applicable
24-155.......................... As Per Schedule As Per Schedule
E, F, or G, E, F, or G,
whichever is whichever is
applicable applicable
24-156.......................... As Per Schedule As Per Schedule
E, F, or G, E, F, or G,
whichever is whichever is
applicable applicable
24-160.......................... As Per Schedule E As Per Schedule E
24-162(a)....................... As Per Schedule G As Per Schedule G
24-162(c)....................... As Per Schedule G As Per Schedule G
24-163; provided that a minimum
penalty of $330 and a maximum
penalty of $1,500 shall apply
to a second violation of such
section by the same respondent
within a period of two years
and a minimum penalty of $440
and a maximum penalty of
$2,000 shall apply to a third
or subsequent violation of
such section by the same
respondent within a period of
two years..................... 1,000 220
24-163.2........................ 5,000 1,000
24-163.3; plus twice the amount
of money saved by the
contractor for failure to
comply with such section;
provided that such $1,000 -
$10,000 penalty and additional
penalty shall not apply to
violations of 24-163.3(o)..... 10,000 1,000
24-163.3(o); plus twice the
amount of money saved by the
contractor in association with
having made such false claim.. 20,000 20,000
24-163.5; plus twice the amount
of money saved by the
contractor for failure to
comply with such section;
provided that such $1,000 -
$10,000 penalty and additional
penalty shall not apply to
24-163.5(m)................... 10,000 1,000
24-163.5(m)..................... 20,000 20,000
24-163.6; plus twice the amount
of money saved by the owner or
operator of a sight-seeing bus
for failure to comply with
such section; provided that
such $1,000 - $10,000 penalty
and additional penalty shall
not apply to 24-163.6(i)...... 10,000 1,000
24-163.6(i)..................... 20,000 20,000
24-163.7; plus twice the amount
of money saved by the school
bus owner or operator for
failure to comply with such
section; provided that such
$1,000 - $10,000 penalty and
additional penalty shall not
apply to 24-163.7(m).......... 10,000 1,000
24-163.7(m)..................... 20,000 20,000
24-164.......................... 1,750 440
24-165.......................... As Per Schedule As Per Schedule
E, F, or G, E, F, or G,
whichever is whichever is
applicable applicable
24-168.......................... As Per Schedule As Per Schedule
E, F, or G, E, F, or G,
whichever is whichever is
applicable applicable
24-168.1(b); provided that the
penalty specified herein shall
apply only to a violation by
reason of the use or purchase
of fuel oil that does not
conform to the standards in
such subdivision.............. As Per Schedule E As Per Schedule E
24-168.1(b); plus twice the
amount of money saved for
failure to comply with such
section; provided that such
$1,000-$10,000 penalty and
additional penalty shall apply
only to a violation by reason
of the delivery of fuel oil
that does not conform to the
standards in such subdivision. 10,000 1,000
24-169 (a), (b) and (c);
provided that the civil
penalty specified herein shall
apply only to a violation by
reason of the use or purchase
of fuel oil which does not
conform to the standards in
such subdivision.............. As Per Schedule As Per Schedule
E, F, or G, E, F, or G,
whichever is whichever is
applicable applicable
24-169 (a), (b) and (c);
provided that such
$1,500-$6,000 civil penalty
shall apply only to a
violation by reason of the
standards set forth in such
subdivisions.................. $6,000 1,500
24-173(a)....................... As Per Schedule As Per Schedule
E or F, E or F,
whichever is whichever is
applicable applicable
24-173(c)(1).................... As Per Schedule E As Per Schedule E
24-174(a); provided that such
$220-$875 civil penalty shall
apply only to a violation by
reason of use or purchase of
gasoline which does not
conform to standards set forth
in such subdivision........... 875 220
24-174(a); provided that such
$660-$2,650 civil penalty
shall apply only to a
violation by reason of the
sale, storage or
transportation of gasoline
which does not conform to the
standards set forth in such subdivision 2,650 660
24-175; provided that such
$220-$875 civil penalty shall
apply only to a violation by
reason of the use or purchase
of gasoline which does not
conform to the standards set
forth in such section......... 875 220
24-175; provided that such
$660-$2,650 civil penalty
shall apply only to a
violation by reason of the
sale, offer for sale, storage
or transportation of gasoline
which does not conform to the
standards set forth in such
section....................... 2,650 660
All remaining sections,
subdivisions and paragraphs... 875 220
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CIVIL PENALTY SCHEDULES FOR EQUIPMENT REQUIRING
OPERATING CERTIFICATES
SCHEDULE E--PENALTIES FOR FUEL BURNING EQUIPMENT
Gross Input or Designed Fuel Consumption of
Equipment in Millions of BTU/hr
======================================================================
#4 or #6 Fuel Oil & Gasoline, #2 Fuel Oil Civil Penalties
Solid Fuels and Nat. Gas Max. Min.
______________________________________________________________________
less than 2.8 less than 2.8 $1,400 $ 350
2.8 to less than 21 2.8 to less than 50 1,800 450
21 to less than 42 50 or greater 3,000 750
42 or greater 4,000 1,000
======================================================================
SCHEDULE F--PENALTIES FOR OTHER THAN FUEL
OR REFUSE BURNING EQUIPMENT
======================================================================
Emission Rate in Civil Penalties Based on Environmental
Cubic Feet per Minute Ratings as Contained in Section 24-153
Env. Rating A Env. Rating B Env. Rating C Env. Rating D
Max. Min. Max. Min. Max. Min. Max. Min.
______________________________________________________________________
Less
than
5,000 $6,000 $1,500 $4,000 $1,000 $3,000 $ 750 $2,000 $ 500
5,000
to
less
than
20,000 8,000 2,000 6,000 1,500 4,000 1,000 3,000 750
20,000
or
greater 12,000 3,000 8,000 2,000 6,000 1,500 5,000 1,000
======================================================================
SCHEDULE G--PENALTIES FOR REFUSE BURNING EQUIPMENT
======================================================================
Maximum Horizontal Inside Cross Sectional
Area of Primary Combustion Chamber in Civil Penalties
Square Feet Max. Min.
______________________________________________________________________
25 or less.................. $1,600 $400
25-40....................... 2,000 500
Above 40.................... 3,000 750
======================================================================
(ii) Impose a separate penalty for each day on which a violation under
this code shall have occurred.
(iii) Remit, in whole or in part, such civil penalty if, at the
conclusion of the hearing, or at the time of the board determination
under section 24-187 of this code, or at the date on which a stipulation
is executed by the parties in settlement of the proceeding pursuant to
section 24-183 of this code, the respondent is no longer in violation of
a provision of this code or of any order, rule or regulation promulgated
thereunder and is not in default under section 24-185 of this
subchapter.
(iv) Impose an additional civil penalty, in the amount of ten per cent
(10%) of the penalty originally imposed, for late payment of penalty for
each month or part thereof that the penalty payment is in arrears. In no
event shall the total additional civil penalty exceed the maximum set
forth in the table of civil penalties or schedules E, F and G of civil
penalties for equipment requiring operating certificates, or as modified
pursuant to paragraph six of subdivision (b) of this section.
(v) Remit in whole or in part, such civil penalty at the conclusion of
the hearing, or at a date on which a stipulation is executed by the
parties in proceedings pursuant to section 24-183 of this chapter, if
the respondent was in violation of this code through the action or
inaction of an agency of the city of New York and not through the action
or inaction of the respondent.
(6) Order any person to be classified as a persistent violator if such
person is found to be in violation of this code and has also on one or
more prior occasions within the preceding five years been found to be in
violation of this code, where such repeated violations evidence
substantial disregard thereof. If a person is classified as a persistent
violator, the board shall in each instance double the amount of the
penalty which it would otherwise impose pursuant to paragraph five of
this subdivision. Such double penalties shall be imposed for violations
which the board finds a person committed pursuant to the same proceeding
at which it classified such person as a persistent violator and for all
violations committed within the two years immediately following such
classification, after which such classification shall terminate.
However, if at the end of such two year period such person is still in
violation of this code because of a failure to take or complete a
corrective action as required by the board, such classification shall
continue until such time as such person is no longer in violation of
this code because of such failure, at which time such classification
shall cease. Thereafter, the board may again classify such person as a
persistent violator, on the same basis it used originally.
(7) Impose a civil penalty of not more than two hundred fifty dollars
on any owner of equipment for each day such equipment is sealed pursuant
to this section;
(8) Impose a civil penalty of not less than one thousand nor more than
four thousand dollars on any person who willfully breaks, or causes or
permits the breaking of, a seal placed on equipment pursuant to this
section.
(9) Order any person or the commissioner to install any apparatus or
to clean, repair or alter any equipment or apparatus which causes, or is
maintained or operated so as to cause, a violation of this code.
(c) The board may, upon notice pursuant to section 24-180 of this
code, order any person to:
(1) Cease and desist from the installation or alteration of equipment
or apparatus, without a permit as required by section 24-120 of this
code;
(2) Cease and desist from the operation of any equipment or apparatus
without a certificate and the board may also seal any such equipment or
apparatus;
(3) Cease and desist from the spraying of insulating material on, or
the demolition of, any building or structure which does not conform to
the requirements of section 24-109 or 24-146 of this code. The board may
also seal any equipment used therefor.
(d) The board may order the commissioner to install any apparatus or
to clean, repair, or alter any equipment or apparatus which causes or is
maintained or operated so as to cause a violation of an order issued
pursuant to paragraph two of subdivision (b) of this section, where such
installation, cleaning, repairing, or alteration can reasonably be
expected to correct such a violation. Any work required under such an
order may be executed by the commissioner through the officers, agents
or contractors of the department. The department shall be reimbursed
promptly for all costs and expenses of such work by the owner of the
equipment or apparatus to which the order relates and in respect to
which such expenses were incurred. Such expenses may be recovered in a
civil action brought in the name of the commissioner.
(e) If an order of the board issued pursuant to subdivisions (b) and
(c) of this section provides for a period of time during which a person
subject to the order is permitted to correct a violation, the board may
require the respondent to post a performance bond or other security with
the department in a form and amount sufficient to assure the correction
of such violation within the prescribed time. In the event of a failure
to meet the schedule prescribed by the board, the sum named in the bond
or other security shall be forfeited and shall be paid to the
commissioner.
(f) The board may order any person to cease and desist from an
activity which it reasonably believes causes an emission of an air
contaminant which creates an imminent peril to the public health. Such
order shall be effective upon service thereof. Any party affected by
such an order may request a hearing on written notice, and he or she
shall be afforded a hearing, within twenty-four hours after service of
such request, pursuant to section 24-184 of this code. If such an
accelerated hearing is not requested, then a hearing shall be afforded
within ten days of the issuance of the order. The board shall issue its
final decision and order thereon within three days from the conclusion
of a hearing held pursuant to this subsection.
Section 24-179
§ 24-179 The board. (a) The board shall be convened by the chairperson
or in his or her absence a deputy commissioner or at the request of any
three members thereof.
(b) If a member of the board has presided over the initial hearing, he
or she shall not be disqualified from reviewing the hearing.
(c) Five members of the board, at least two of whom shall not be city
officials, shall constitute a quorum.
Section 24-180
§ 24-180 Notice of violation. (a) Notice, required by this subchapter,
shall be given by issuance of a notice of violation.
(b) Whenever the commissioner has reasonable cause to believe that a
violation of any provision of this code or any order or regulation
promulgated thereunder may exist, he or she may cause to have a notice
of violation issued and served on:
(1) The person in violation; or
(2) An owner with an equity interest in the equipment in violation; or
(3) If an owner with an equity interest in the equipment in violation
cannot be located with due diligence, any other owner of said equipment.
(c) A notice of violation shall:
(1) Specify the section or sections of this code, order, or regulation
that such person or equipment is in violation of; and
(2) Indicate the amount of the civil penalty that such person is
subject to; and
(3) Contain a brief statement of the nature of the violation; and
(4) Require a written response that conforms to section 24-181 of this
code; and
(5) Require such person or owner of equipment to answer the
allegations in the notice of violation at a designated time and place,
unless a hearing is not required by section 24-178 of this code.
Section 24-181
§ 24-181 Written response. (a) A written response in a form prescribed
by the board shall be served upon the department and filed with the
board within five days of receipt of the notice of violation.
(b) If the allegation in the notice of violation is one for which a
hearing is not required by section 24-178 of this code, and is
contested, then the respondent must either:
(1) Include a copy of any permit or certificate that the respondent
asserts was issued by the department; or
(2) Deny that such permit or certificate is required by law.
(c) If any of the allegations in the notice of violation are those for
which a hearing is required by section 24-178 of this code, and are
contested, the written response shall contain a concise statement of the
facts constituting each ground of defense.
(d) If allegations in the notice of violation are admitted, the
written response of the respondent shall consist of:
(1) A statement that he or she admits all of the material allegations
to be true; and
(2) A statement of any attempts subsequent to service of the notice of
violation to comply with this code or with the order or regulation.
(e) Failure of the respondent to serve a written response within the
time provided shall be deemed to constitute a waiver of his or her right
to appear and contest the allegations in the notice.
Section 24-182
§ 24-182 Citizen's complaint. (a) Any person, other than personnel of
the department and employees of the city of New York authorized by law
to serve summonses for violations of the code, may serve upon the
department a complaint, in a form prescribed by the department, alleging
that a person has violated any provision of this code or order or
regulation promulgated by the commissioner or the board, except with
respect to sections 24-143, 24-150 and 24-163 of this code, but still
applicable to buses as defined in section one hundred four of the
vehicle and traffic law and trucks as defined in section one hundred
fifty eight of the vehicle and traffic law, together with evidence of
such violation. With respect to section 24-142 of this code, only such
person who has been certified as a smoke watcher, by passing a course of
smoke observation approved by the department within three years prior to
the observation, may serve such complaint.
(b) A person who has served a complaint pursuant to subdivision (a) of
this section may serve upon the person allegedly in violation, and upon
the board, a notice of violation in a form prescribed by the board
within forty-five days from service of such complaint if;
(1) The department has failed to serve a notice of violation, pursuant
to section 24-180 of this code, for the violation alleged in a complaint
pursuant to subdivision (a) of this section; or
(2) The department fails to serve a written notice upon the
complainant of its determination that his or her complaint is frivolous
or duplicitous.
(c) A person commencing a proceeding pursuant to this section shall
prosecute such proceeding at his or her own expense. The department may
intervene in such a proceeding at any time.
(d) In any proceeding brought by the department after receiving a
complaint, pursuant to subdivision (a) of this section, pertaining to a
violation of this code or any regulation or order promulgated by the
commissioner or the board, wherein the source of the violation is a
manufacturing or industrial facility or a facility for the generation of
steam for off-premises sale or electricity or equipment used by any such
facility, the board shall award the complainant, out of the proceeds
collected, an amount which shall not exceed twenty-five percent of such
proceeds, for disclosure of information or evidence, not in the
possession of the department prior to the receipt of the complaint by
the department, which leads to the imposition of the civil penalty.
(e) In any proceeding brought by a complainant pursuant to subdivision
(a) of this section, the board shall award, out of the proceeds
collected, fifty percent of any civil penalty as fair and reasonable
compensation to such person.
Section 24-183
§ 24-183 Settlement of proceedings. The board may settle any
proceeding by stipulation and may exercise any or all of its powers
under section 24-178 of this code thereby, at any time prior to the
issuance of a decision pursuant to section 24-186 of this code.
Section 24-184
§ 24-184 Hearings. (a) The chairperson of the board shall designate a
hearing officer or at least one member of the board to preside over
hearings held pursuant to this subchapter. In any hearing in which a
quorum of the board is present such members shall be deemed to be
sitting as the board.
(b) All such hearings shall be open to the public.
(c) At the request of any party to such a hearing, the board shall by
the issuance of a subpoena compel the attendance of such witnesses and
shall require the production of any such books, papers, or other things
relating to the matter under investigation if such a request reasonably
relates to such hearing.
(d) Any party to a hearing may be represented by counsel, may make
oral and written argument and cross-examine witnesses. All testimony
taken before the board or the designated hearing officer shall be under
oath and shall be recorded. The record shall be open to public
inspection, and copies thereof shall be made available to any person
upon payment of the actual cost of reproduction.
Section 24-185
§ 24-185 Default; vacating a default order. (a) A respondent shall be
in default when the respondent has:
(1) Failed to serve a written response pursuant to section 24-181 of
this code; or
(2) Failed to appear at the designated time and place as required by
the notice of violation pursuant to section 24-180 or 24-182 of this
code; or
(3) Neglected to proceed in a manner ordered by the board.
(b) Within sixty days of a decision and order of the board issued
pursuant to paragraph two of subdivision (c) of section 24-187, the
respondent may request the board to grant a stay of such order of the
board and schedule a hearing. If the respondent has shown good cause and
a meritorious defense, the board may grant such request and hold a
hearing pursuant to section 24-184 of this code. At the hearing, the
board may adopt, amend, or rescind its decision and order.
Section 24-186
§ 24-186 Hearing officer's decision. (a) At the conclusion of the
hearing, the hearing officer or member of the board conducting the
hearing shall prepare a decision stating findings of fact and
conclusions, as well as reasons for his or her determination on all
material issues, and making recommendations as to action which should be
taken in the matter.
(b) The hearing officer or member of the board conducting the hearing
shall file his or her decision with the board and send copies by mail to
the parties. Any party may file exceptions with the board within twenty
days after service of such decision. If no exceptions have been filed
within the prescribed time, the recommendations of the hearing officer
or member of the board conducting the hearing shall automatically become
the decision of the board and shall constitute its findings,
conclusions, and order.
Section 24-187
§ 24-187 Board decision and order. (a) If any party files exceptions
to the decision of the hearing officer or member of the board conducting
a hearing within the prescribed time, the board shall review the record
and issue its decision and order in which it may adopt, modify, or
reject the findings, conclusions, and recommendations of the hearing
officer or member of the board who conducted the hearing.
(b) The decision of the board shall contain findings of fact,
conclusions of law, and reasons for the decision on all material issues
raised, and an order either dismissing the allegations of the notice of
violation or sustaining them in whole or in part.
(c) The board may exercise one or more of its powers pursuant to
section 24-178 of this code, as it deems appropriate if:
(1) The allegations in the notice of violation are sustained in whole
or in part; or
(2) The respondent is in default under section 24-185 of this code.
(d) The decision and order of the board shall be its final
determination. A judicial proceeding must be commenced within two months
after the service of such decision and order.
Section 24-188
§ 24-188 Compliance with board decisions; orders and civil penalties.
(a) If the respondent fails or refuses to comply with the board's order,
or the board otherwise deems it necessary, the corporation counsel for
the city of New York, acting in the name of the city, may maintain an
action or proceeding in a court of competent jurisdiction to compel
compliance with or restrain by injunction the violation of any order of
the board.
(b) A civil penalty imposed by the board pursuant to section 24-178 of
this code may be collected in an action brought in the name of the city
of New York.
Section 24-189
§ 24-189 Procedural rules. The board shall have authority from time to
time to make, amend, and rescind such procedural rules as may be
necessary to carry out the provisions of this subchapter.
Section 24-190
§ 24-190 Criminal penalties; fines and imprisonment. (a) Any person
who shall knowingly make a false statement or who shall knowingly
falsify or allow to be falsified any certification, registration, form,
signed statement, application or report required under the provisions of
this code or regulation promulgated by the commissioner or the board
shall be guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine of not less than one hundred dollars, nor more than
one thousand dollars, or by imprisonment not to exceed five months, or
both.
(b) Any person, other than a corporation, who violates any order of
the commissioner or the board or any provision of section 24-120, 24-122
or 24-146 of this code or who illegally breaks a seal on equipment, upon
conviction shall be punished for each offense by a fine of not less than
fifty dollars nor more than five hundred dollars or by imprisonment for
not more than thirty days or by both.
Any corporation which violates any order of the commissioner or the
board or any provision of section 24-120, 24-122 or 24-146 of this code,
or which illegally causes a seal to be broken, upon conviction shall be
punished for each offense by a fine of not less than one hundred dollars
nor more than two thousand dollars.
Every day during which such violation occurs constitutes a separate
offense.
(c) The failure of any shipper or recipient to keep on file the fuel
information tickets as required by section 24-177 of this code shall be
deemed a separate and distinct violation as to each such ticket, and
upon conviction thereof he or she shall be punished for each offense by
a fine of not less than fifty dollars nor more than one hundred dollars,
or by imprisonment for not more than thirty days, or by both such fine
and imprisonment.
(d) Any shipment or delivery of fuel except in the manner provided for
in this code shall be deemed a separate and distinct violation as to
each such shipment or delivery and upon conviction thereof the shipper
shall be punished for each offense by a fine of not less than fifty
dollars nor more than two hundred dollars, or by imprisonment for not
more than thirty days, or by both fine and imprisonment.
(e) Any shipper or recipient of fuel who shall in any manner
misrepresent any of the information required to be contained in the fuel
information ticket shall be guilty of a violation of this code and upon
conviction thereof shall be punished by a fine of not less than two
hundred dollars nor more than five hundred dollars, or by imprisonment
for not more than sixty days or by both such fine and imprisonment.
(f) The failure of any person or corporation against whom an action
has been brought to collect a civil penalty pursuant to subdivision (b)
of section 24-188 of this code, who has been found liable by a court for
such civil penalty and who does not pay such penalty after the judgment
of such becomes final, shall be deemed a wilful failure to pay a civil
penalty.
Any person, other than a corporation, convicted of a wilful failure to
pay a civil penalty imposed by the board pursuant to section 24-178 of
this code shall be punished by a fine of not less than double the amount
of the civil penalty imposed by the board nor more than one thousand
dollars or by imprisonment of not more than sixty days or, both.
Any corporation convicted of a wilful failure to pay a civil penalty
imposed by the board pursuant to section 24-178 of this code shall be
punished by a fine of not less than double the amount of the civil
penalty imposed by the board nor more than two thousand dollars.
(g) Any person convicted of violating any of the provisions of this
code or any regulation of the board not otherwise provided for by this
section shall be punished by a fine of not less than fifty dollars nor
more than five hundred dollars or by imprisonment for twenty days or
both for the first offense, and by a fine of not less than one hundred
dollars nor more than one thousand dollars or by imprisonment for not
more than thirty days or both for a second offense, and by a fine of not
less than four hundred dollars nor more than five thousand dollars or by
imprisonment for not more than four months or both for a third or
subsequent offense.
(h) Twenty-five percent of any fine that is imposed pursuant to this
section, may be paid to the person or persons giving information which
shall lead to conviction.
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.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.