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Except as otherwise specified in this code or other law, violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be punishable by criminal fines and imprisonment within the ranges set forth below:
1. Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misdemeanor punishable by a fine of not more than twenty-five thousand dollars or by imprisonment of not more than one year or by both such fine and imprisonment.
2. Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner or the code as a major violation shall be guilty of a violation punishable by a fine of not more than ten thousand dollars or imprisonment for not more than 15 days or both such fine and imprisonment.
3. Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner or the code as a lesser violation shall be guilty of a violation punishable by a fine of not more than five hundred dollars.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man-made disaster, as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of such violation was issued during the 90-day-period immediately after such disaster or, in the case of a major natural or man-made disaster as determined by the commissioner, during the six-month period immediately after such disaster. This exception shall not apply to immediately hazardous violations, violations charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or man-made disaster, as determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, work or acquisition through a city operated disaster recovery program responding to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment for a violation resulting from work done by a city employee or third party under contract with the city, in response to a natural or man-made disaster. This exception shall not apply to immediately hazardous violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of the New York city building code shall be $2,000.
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city building code shall be $1,000.
(Am. L.L. 2016/054, 5/10/2016, eff. 8/8/2016; Am. L.L. 2016/059, 5/10/2016, eff. 8/8/2016; Am. L.L. 2017/203, 11/17/2017, eff. 3/17/2018; Am. L.L. 2019/118, 6/8/2019, eff. 3/8/2020; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/054, L.L. 2016/059, and L.L. 2021/126.
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.
§ 28-204.1.1 Violations of section 3321 of the New York city building code.
In addition to any other penalties or remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York city building code:
1. Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York city building code:
1.1. The commissioner shall issue a notice of violation to the owner of such site, each permit holder responsible for ensuring that such worker complies with such section at such site and the person who employed or otherwise engaged such worker at such site if such person can reasonably be identified. Each such worker shall constitute a separate violation that shall be noticed and charged separately and shall be punishable by a separate civil penalty. It shall be an affirmative defense to such a violation that such worker provided such owner, permit holder or the person who employed or otherwise engaged such worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or documentation establishing training in compliance with such section, as appropriate, that reasonably appeared to be valid and applicable to such worker and such owner, permit holder or such person reasonably relied thereon.
1.2. In addition to the requirements of any other law or rule, such violation shall not be deemed corrected until the commissioner determines that, for each such worker, the recipient of such violation shows, in a form and manner established by the commissioner, that such owner, a person acting on behalf of such owner, a permit holder responsible for ensuring that such worker complies with such section at such site or the person who employed or otherwise engaged such worker at such site has entered into a binding agreement that satisfies each of the following conditions:
1.2.1. Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit holder responsible for ensuring that such worker complies with such section at such site or the person who employed or otherwise engaged such worker at such site shall pay, either directly or indirectly, for the costs of such worker to obtain the training required to comply with such section or will otherwise arrange for such worker to receive such training at no cost to such worker.
1.2.2. Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete the training required by such section, such worker shall continue to be employed or otherwise engaged under the same terms and conditions that applied before such determination by the commissioner until (i) such worker successfully completes the training required to comply with such section, (ii) work for which such worker was employed or otherwise engaged at such site concludes or (iii) 60 days elapses after such determination, whichever occurs earlier, except that, during such period, such worker shall be paid as if such worker were working at such site 40 hours each week at the same hourly or effective hourly wage such worker was paid before such determination by the commissioner.
2. Upon determining that a permit holder at a building site has not maintained a daily log in compliance with section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such site and such permit holder. Failure to maintain such a log establishes a rebuttable presumption that each worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New York city building code is not compliant with such section and shall result in the issuance of notices of violation under Item 1.
3. Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049-a of the charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New York city building code has occurred at a building site, the commissioner shall conduct at least one unannounced inspection of such site at least once every three months to determine compliance with such section. Such inspections shall continue until at least two consecutive inspections do not result in the issuance of a notice of violation of such section.
4. Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049-a of the charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or a person employing or otherwise engaging workers at such site has violated section 3321 of the New York city building code and such violation is a second or subsequent violation of such section by such owner, permit holder or person, the commissioner shall conduct at least one unannounced inspection of (i) each building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) each building site where such permit holder works, if such violation is a second or subsequent violation by such permit holder and (iii) each building site where such person works, if such violation is a second or subsequent violation by such person.
(L.L. 2017/196, 10/16/2017, eff. 10/16/2017; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
An owner must post a copy of a notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common area or affecting all residents, of such owner's building in a conspicuous manner in the building's lobby until such violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with information about the adjudication process. Such notice of violation and flyer or pamphlet shall be posted as soon as practicable, but no later than five calendar days after it has been served.
(L.L. 2019/110, 6/8/2019, eff. 12/5/2019)
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