Section 28-217.1
* § 28-217.1 Department penalty for failure to certify correction. In
addition to any penalties otherwise authorized by law pursuant to
article 202 and the rules of the department, whenever any person fails
to submit certification of correction of an immediately hazardous
violation that poses a threat of imminent danger to public safety or
property, as required by an order issued pursuant to section 28-204.2, a
penalty shall be paid to the department in the amount of not less than
one thousand five hundred dollars or more than five thousand dollars. No
permit or certificate of occupancy shall be issued and no stop work
order may be rescinded at the property named in the order until such
penalty is paid to the department.
* NB There are 2 § 28-217.1's
Section 28-217.2
* § 28-217.2 Reinspection. Where an immediately hazardous condition
has been identified as posing a threat of imminent danger to public
safety or property and a violation has been issued, the commissioner
shall re-inspect the condition that gave rise to the violation within
sixty days of the date of the notice of a violation, unless:
1. a certification of the correction of the condition has been filed
in the manner and form prescribed by the department; or
2. the person to whom the violation has been directed has obtained an
extension of time for filing the certificate of correction of the
violation from the commissioner in accordance with section 28-204.4 and
with any applicable rules of the department, and said extension of time
to file has not yet expired; or
3. the condition has been corrected in the presence of the
commissioner.
* NB There are 2 § 28-217.2's
Section 28-217.2.1
§ 28-217.2.1 Continued noncompliance. If, upon re-inspection, the
commissioner determines the condition continues to pose a threat of
imminent danger to public safety or property, and the person against
whom the initial violation was directed is not in compliance with
section 28-204.4, the commissioner shall issue an appropriate violation
and shall issue a stop-work order, pursuant to section 28-207.2, or the
commissioner shall, if the commissioner is unable to obtain access to
the premises, request the corporation counsel to institute legal
proceedings to compel correction of the violation and abate the
condition or take such other action as is appropriate.
Section 28-217.2.2
§ 28-217.2.2 Inspections by the commissioner. The commissioner shall
continue to re-inspect any condition that has given rise to an
immediately hazardous violation that poses a threat of imminent danger
to public safety or property every sixty days, and shall follow the
procedures described in items one, two and three of section 28-217.2
until the condition has been found by inspection or certification to be
corrected or abated.
Section 28-217.3
* § 28-217.3 False certifications of correction. It shall be unlawful
to prepare, file or offer for filing a certification of correction of an
immediately hazardous condition, knowing that such certification
contains a false statement or false information. Any person who prepares
such a certificate shall be subject to prosecution under section 175.05
or 175.10 of the penal law. Any person who files such a certificate or
offers such a certificate for filing shall be subject to prosecution
under section 175.30 or 175.35 of the penal law. Nothing in this section
shall be construed to limit, alter or affect the authority conferred by
any other provision of this chapter or other law to bring criminal,
civil or administrative actions or proceedings or other remedies for the
preparation, filing or offering for filing of a certification of
correction of an immediately hazardous condition containing a false
statement or false information.
* NB There are 2 § 28-217.3's
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