§ 24-586 Criminal penalties.

In addition to the civil penalties set forth in section 24-585, any person who knowingly violates or fails to comply with any provision of this chapter or any order or rule issued by the commissioner, or the environmental control board within the office of administrative trials and hearings, pursuant thereto shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than two hundred fifty nor more than ten thousand dollars, or by imprisonment not exceeding thirty days, or both for each offense. In the case of a continuing violation each day's continuance shall be a separate and distinct offense. In addition to its application to any other person, the fine provided for in this paragraph shall be deemed a special fine for a corporation within the meaning of section 80.10 of the penal law of the state of New York.

(L.L. 2017/097, 5/30/2017, eff. 6/1/2019)

§ 24-587 Liability to the city.

Any person who violates or fails to comply with any of the provisions of this chapter or any order or rule issued pursuant thereto shall be liable to the city for any expense, including but not limited to costs for response, remediation and emergency services or any other loss or damage suffered by the city by reason of such violation.

(L.L. 2017/097, 5/30/2017, eff. 6/1/2019)

§ 24-588 Service.

Unless otherwise provided in this chapter, service of any notice or order required by this subchapter may be made either personally or by mail.

(L.L. 2017/097, 5/30/2017, eff. 6/1/2019)

§ 24-589 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, orders and notices of violation based upon violations of this chapter or rules of the department promulgated hereunder.

(L.L. 2017/097, 5/30/2017, eff. 6/1/2019)

§ 24-590 Delegation to authorized inspection agents.

   a.   The commissioner shall have the authority to delegate to authorized inspection agents the authority to:

      (1)   Carry out inspections pursuant to this chapter or any rule promulgated pursuant thereto;

      (2)   Issue orders pursuant to section 24-581, or issue orders pursuant to subdivision a of section 24-524 when deemed necessary and appropriate in the course of implementing duties delegated to such authorized inspection agent pursuant to this chapter;

      (3)   Issue notices of violation for civil penalties pursuant to section 24-585, or notices of violation pursuant to subdivision f of section 24-524 when the basis for such notice of violation is observed in the course of implementing duties delegated to such authorized inspection agent pursuant to this chapter.

   b.   Authorized inspection agents shall perform their duties in accordance with this chapter and rules of the department promulgated pursuant thereto, which rules shall set forth the categories of violations for which such notices may be issued by such agents, the categories of orders that may be issued by such agents and the circumstances in which such agents shall obtain department approval or refer matters to the department for further action. In addition, the department shall, through standards imposed by means of procurement or rulemaking, ensure that such agents are subject to appropriate eligibility criteria, training requirements and grounds for revoking inspection and enforcement authority.

(L.L. 2017/097, 5/30/2017, eff. 6/1/2019)