Section 28-201.1
§28-201.1 Unlawful acts. It shall be unlawful to erect, construct,
alter, extend, repair, fail to maintain, move, remove, demolish, occupy,
use or operate any building, structure, premises, or equipment, or to
conduct any subject matter regulated by this code or by the zoning
resolution, or to cause same to be done, in conflict with or in
violation of any of the provisions of this code, the zoning resolution,
or the rules of the department or, with regard to existing buildings,
any applicable provision of the 1968 building code or any other law or
rule enforced by the department. It shall be unlawful to fail to comply
with an order of the commissioner or to violate any order of the
commissioner issued pursuant to this code, the 1968 building code, the
zoning resolution or any law or rule enforced by the department.
Section 28-201.2
§28-201.2 Classification of violations. The commissioner shall
promulgate rules classifying all violations of this code, the zoning
resolution or, with regard to existing buildings, the 1968 building code
or other laws or rules enforced by the department as immediately
hazardous violations, major violations or lesser violations unless the
classification of such violations is specifically directed by this code.
Such classification shall be based on the effect of the violation on
life, health, safety or the public interest or the necessity for
economic disincentive.
Section 28-201.2.1
§ 28-201.2.1 Specified immediately hazardous violations. The
commissioner shall classify the following violations as immediately
hazardous:
1. A violation of section 28-210.1 in which a building legally
approved for occupancy as a one-family or two-family dwelling (as set
forth in the certificate of occupancy or if no certificate of occupancy
is required, as evidenced by official records) is illegally converted to
or maintained as a dwelling for occupancy by four or more families;
2. Any violation of section 28-211.1 false statement;
3. Any violation of a stop work order or of a cease use order;
4. Any violation of a vacate order or order to seal, secure and close,
or closure order;
5. Unlawful demolition;
6. Falsely impersonating an employee or authorized representative of
the department;
7. Occupancy without a required certificate of occupancy;
8. Intentional disobedience or violation of any provision of a closure
order;
9. Submittal of a materially false or misleading professional
certification.
10. A violation of section 28-212.11.
11. A violation of section 28-307.1.
12. A violation by a licensed rigger or person performing the
functions and duties of a licensed rigger of the provisions of sections
28-404.1 or 28-401.9 of this code or such person's failure to ensure
that workers have certificates of fitness required pursuant to this code
or applicable rule or any person's violation of the provisions of
section 3314.4.3.1 of the New York city building code.
13. A violation of any provision of chapter 4 of this title for
engaging in any business or occupation without a required license or
other authorization.
13.1 The minimum civil penalty that shall be imposed for a violation
of section 28-408.1 or section 28-410.1 of this code and the minimum
fine that shall be imposed for a violation of such sections shall be two
thousand five hundred dollars for the first violation and five thousand
dollars for each subsequent violation.
15. A violation of sections 3303.4.5 and 3303.4.6 of the building
code.
16. A violation of section 28-210.3 that involves more than one
dwelling unit or a second or subsequent violation of section 28-210.3 by
the same person at the same dwelling unit or multiple dwelling.
Section 28-201.2.2
§28-201.2.2 Specified major violations. The commissioner shall
classify the following violations as major violations:
1. A violation of section 28-210.1 or 28-210.2 other than a violation
that is directed to be classified as immediately hazardous.
2. Failure to perform required facade, retaining wall, elevator and
boiler inspections, structural inspections of buildings and structures
that are potentially compromised as defined in section 28-216.12, and to
file required reports within the applicable time period.
3. Failure to provide the notice required by section 3314.1.1 of the
New York city building code.
4. A violation of the zoning resolution by any person for causing
damage to or removing a tree within a Special Natural Area District, as
defined in the zoning resolution.
4.1 The fine or civil penalty for a violation described in item 4
shall be not less than seven hundred fifty dollars for each tree damaged
or removed.
5. Notwithstanding the provisions of section 28-204.2 of this code, a
violation of item 3 or item 4 of section 1008.1.3.5 of the New York city
building code except that no penalty for such violation shall be imposed
if the respondent corrects the condition constituting the violation and
files a certificate with the department that the condition has been
corrected within ninety days from the date set forth in the notice of
violation. It shall be an affirmative defense that the nonconforming
security grille was installed prior to July 1, 2011.
5.1. The fine or civil penalty for a violation described in item 5
shall be not less than two hundred fifty hundred dollars for the first
offense and not less than one thousand dollars for each subsequent
offense.
Section 28-201.2.3
§ 28-201.2.3 Specified lesser violations. The commissioner shall
classify the following violations as lesser violations:
1. A violation of item 5 of section 1110.1 or of section 1110.2 of the
New York city building code, or a violation of section 28-313.1 or
28-313.2 of the administrative code of the city of New York.
Section 28-201.3
§28-201.3 Methods of enforcement. The commissioner may use any of the
methods set forth in this code to enforce compliance with this code, the
1968 building code, the zoning resolution, other laws or rules enforced
by the department and orders of the commissioner issued pursuant thereto
including but not limited to:
1. Proceedings for the recovery of civil penalties for immediately
hazardous, major and lesser violations before the environmental control
board or other administrative tribunal.
2. Civil judicial proceedings for the recovery of civil penalties or
injunctive relief or both for immediately hazardous, major and lesser
violations.
3. Criminal judicial proceedings for the imposition of criminal fines
or imprisonment or both for immediately hazardous, major and lesser
violations.
4. The issuance and enforcement of peremptory orders for immediately
hazardous, major and lesser violations.
5. The issuance of a commissioner's request for correction of an
unlawful use or condition or order to correct an unlawful use or
condition.
6. Other special remedies as set forth in this code, the zoning
resolution or other law or rule.
Section 28-201.3.1
§28-201.3.1 Issuance. Officers and employees of the department and of
other city agencies designated by the commissioner shall have the power
to issue summonses, appearance tickets and notices of violation for
violations of this code, the 1968 building code, the zoning resolution
or other laws or rules enforced by the department, orders, and requests
for corrective action.
Section 28-201.4
§28-201.4 Aggravating and mitigating factors. Civil penalties and
criminal fines and imprisonment shall be imposed within the ranges set
forth in this code or as otherwise specified in this code or other law,
with due regard for mitigating and aggravating factors.
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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