Section 28-204.1
§28-204.1 General. Any person who shall violate or fail to comply with
any of the provisions of this code, the 1968 building code, the zoning
resolution or other laws or rules enforced by the department or with any
order issued pursuant thereto shall be liable for a civil penalty that
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. Such notice of violation may be
issued by employees of the department or of other city agencies
designated by the commissioner and may be served by such employees or by
a licensed process server.
Section 28-204.2
§28-204.2 Order to certify correction. Each such notice of violation
shall contain an order of the commissioner directing the respondent to
correct the condition constituting the violation and to file with the
department electronically or in such other manner as the department may
authorize by rule a certification that the condition has been corrected.
Unless otherwise provided by rule, such order shall require that
violations classified as major or lesser be corrected within 30 days
from the date of the order, that violations classified as immediately
hazardous be corrected forthwith. Such order shall also require that
certification of the correction of the violation shall be filed with the
department in a manner and form and within such period of time as shall
be established by the department. In any proceeding before the
environmental control board, no civil penalty shall be imposed for a
lesser violation if the respondent complies with the commissioner's
order to correct and to certify correction of the violation within the
applicable time period. However, such violation may serve as a predicate
for purposes of assessing aggravating factors attributable to multiple
offenses.
Section 28-204.3
§28-204.3 Failure of proof. In any proceeding before the environmental
control board, if the board finds that the commissioner has failed to
prove the violation charged, the order requiring the respondent to
correct the condition constituting the violation shall be deemed
dismissed.
Section 28-204.4
§28-204.4 Failure to certify the correction of a violation. Failure to
comply with an order of the commissioner issued pursuant to section
28-204.2 to correct and to certify correction of a violation within the
applicable time period shall be a violation of this code for which
penalties may be imposed in addition to the penalties that may be or
have been imposed for the violation referred to in such order. Upon
application, for good cause, the commissioner may extend the time for
filing the certification of correction of a violation, but not for more
than 30 days for each extension.
Section 28-204.5
§28-204.5 False statements in certification of correction. For the
purposes of this section 28-204.5, if the environmental control board
finds that a certification of correction filed pursuant to section
28-204.2 contained material false statements relating to the correction
of a violation, such certification of correction shall be null and void
and the penalties set forth in this code for the violation may be
imposed as if such false certification had not been filed with and
accepted by the department. It shall be an affirmative defense that the
respondent neither knew nor should have known that such statements were
false.
Section 28-204.6
§28-204.6 Tax lien. Enforcement of environmental control board
judgments against owners for certain building code violations.
Notwithstanding any provision of law to the contrary, an environmental
control board judgment against an owner for a building code violation
with respect to a private dwelling, a wooden-framed single room
occupancy multiple dwelling, or a dwelling with a legal occupancy of
three or fewer dwelling units shall constitute a tax lien on the
property named in the violation with respect to which such judgment was
rendered, as hereinafter provided. Such liens shall be entered and
enforced as provided in this section 28-204.6.
Section 28-204.6.1
§28-204.6.1 Record of unpaid judgments. There shall be filed in the
office of the department a record of all such unpaid judgments. Such
records shall be kept by tax lot and block number and shall be
accessible to the public during business hours. An entry of a judgment
on the records of the department shall constitute notice to all parties.
Section 28-204.6.10
§28-204.6.10 Non-exclusive remedy. The procedures provided in this
section 28-204.6 for the enforcement of environmental control board
judgments against owners shall be in addition to any other methods
provided under any other provision of law for the enforcement of such
judgments.
Section 28-204.6.2
§28-204.6.2 Lien. All such unpaid judgments shall constitute a lien
upon the property named in the violation with respect to which such
judgment was rendered when the amount shall have been definitely
computed as a statement of account by the department, and the department
shall file such statement with the department of finance for entry
against the property. Such lien shall have a priority over all other
liens and encumbrances except for the lien of taxes and assessments.
However, no lien created pursuant to this section 28-204.6 shall be
enforced against a subsequent purchaser in good faith or mortgagee in
good faith unless the requirements of section 28-204.6.1 are satisfied.
Section 28-204.6.3
§28-204.6.3 Notice. A notice, stating the amount due and the nature of
the charge, shall be mailed by the department of finance to the last
known address of the person whose name appears on the records of the
department as being the owner or agent of the property or as the person
designated by the owner to receive tax bills or, where no name appears,
to the property, addressed to either the "owner" or the "agent."
Section 28-204.6.4
§28-204.6.4 Mailing. Such notice mailed by the department of finance
pursuant to this section 28-204.6.4 shall have stamped or printed
thereon a reference to section 204.6.
Section 28-204.6.5
§28-204.6.5 Failure to pay charge. If such charge is not paid within
30 days from the date of entry, it shall be the duty of the department
of finance to receive interest thereon at the same rate as unpaid real
property taxes, to be calculated to the date of payment from the date of
entry.
Section 28-204.6.6
§28-204.6.6 Enforcement of lien. Such charge and the interest thereon
shall continue to be, until paid, a lien on the property. Any remedy or
procedure available for the enforcement of tax liens against such
property, including, but not limited to, any sale of a tax lien or any
foreclosure of a tax lien, shall be available with respect to such tax
lien. In addition, such tax lien may be satisfied in accordance with the
provisions of section 1354 of the real property actions and proceedings
law.
Section 28-204.6.7
§28-204.6.7 Validity of lien. In any proceeding to enforce or
discharge a lien created pursuant to this section 28-204.6, the validity
of the lien shall not be subject to challenge based on the lawfulness of
the judgment, except as provided in this section 28-204.6.
Section 28-204.6.8
§28-204.6.8 Challenge. No such challenge may be made except by the
owner of the property or a mortgagee or lienor whose mortgage or lien
would, but for the provisions of this section 28-204.6, have priority
over the department's lien.
Section 28-204.6.9
§28-204.6.9 Notice to mortgagees and lienors. Notwithstanding the
foregoing provisions, no such judgment shall be entered and enforced as
a tax lien against any property unless at the time of the issuance of
the notice of violation a copy of such notice was also served on all
mortgagees and lienors of record of such property by mail addressed to
the recorded addresses of such mortgagees and lienors.
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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