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a. In addition to or as an alternative to any of the remedies and penalties provided in any laws, rules, or regulations enforceable by the department, any person who shall violate or fail to comply with any such laws, rules, or regulations shall, except as otherwise specifically provided in subdivision c of section 15-230, be liable for a civil penalty which 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. Except as otherwise specifically provided, such civil penalty shall be determined as follows: (1) The maximum penalty for the first violation shall be one thousand dollars ($1,000); (2) the maximum penalty for the second and any subsequent violation of the same provision of law, rule or regulation shall be five thousand dollars ($5,000), provided the violation is committed by the same respondent, is for the same provision of law, rule or regulation, and occurs within eighteen months of first violation, and provided, further, that if the respondent is the owner, agent, lessee or other person in control of the premises with respect to which the violation occurred, the violation occurred at the same premises.
b. For the purposes of the multiple offense schedule, if the respondent is the owner or agent of the building or structure with respect to which the violation occurred or a lessee of the entire building or structure, the term premises shall mean the entire building or structure. If the respondent is the lessee or person in control of a part of such building or structure, the term premises shall mean that part of such building or structure leased to or under the control of the respondent.
c. Notwithstanding any other provision of this section, if the respondent is the owner or agent of the building or structure with respect to which the violation occurred or a lessee of the entire building or structure, a prior violation by the same respondent shall not serve as a predicate for purposes of the multiple offense schedule set forth in this section if the prior violation or the violation for which penalties are to be imposed occurred within an area of the building or structure which, at the time of the violation, was leased to and under the control of a person other than the respondent except that this provision shall not apply if both the prior violation and the violation for which penalties are to be imposed occurred within areas leased to and under the control of the same lessee. In any proceeding before the board, the burden of proof with respect to this exception shall be upon the respondent.
d. The commissioner may, by rule or regulation, establish a schedule of civil penalties providing a maximum penalty for the violation of each separate provision of law, rule or regulation based on the degree of seriousness of the violation. Such maximum penalties shall not exceed the maximum penalties for such violation set forth in this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/074 and L.L. 2004/033.
a. Except as otherwise provided in subdivision e of this section, whenever the commissioner serves a notice of violation such notice shall include an order which requires the respondent to correct the condition constituting the violation and to file a certification with the department that the condition has been corrected. Such order shall require that the condition be corrected within thirty days from the date that the order is issued and that certification of the correction of the condition shall be filed with the department in a manner and form and within such further period of time as shall be established by rule or regulation of the department.
b. If the board finds, upon good cause shown, that the respondent cannot correct the violation within the period specified in subdivision a, it may, with the concurrence of the commissioner, postpone the period for compliance with such order upon such terms and conditions and for such period of time as shall be appropriate under the circumstances.
c. For violations which are subject to the penalties for a first violation as set forth in section 15-229, if the respondent complies with the order issued pursuant to subdivision a of this section within the time set forth in such subdivision there shall be no civil penalty for such first violation. Such violation may however serve as a predicate for purposes of the multiple offense schedule set forth in section 15-229.
d. In any proceeding before the environmental control board, if the board finds that the commissioner has failed to prove the violation charged it shall notify the commissioner and the order requiring the respondent to correct the condition constituting the violation shall be deemed to be revoked.
a. Any person who shall fail to comply with an order of the commissioner issued pursuant to subdivision a of section 15-230 within the time specified in such subdivision or within such further period of time as may be provided by the environmental control board pursuant to subdivision b of section 15-230 shall, in addition to the penalties which may be imposed for the violation pursuant to section 15-229, be liable for a civil penalty of not more than five thousand dollars for each violation for which there has been a failure to comply with such order. Such civil penalty may be recovered in a proceeding before the environmental control board.
b. For the purposes of this section, if the environmental control board finds that a respondent has knowingly made false statements relating to the correction of a violation in a certification filed pursuant to section 15-230, such certification as to correction shall be null and void and the penalties set forth in this section may be imposed as if such false certification had not been filed with and accepted by the department.
Notwithstanding any other provision of law, the commissioner may not designate the following provisions of the administrative code for enforcement by the environmental control board:
(1) Section 15-208
(2) Section 15-125
(3) Subdivision a of section 15-126
(4) Section 15-214
(5) Paragraph one of subdivision b of section 15-127
(6) Subdivision c of section 15-127
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/026.
a. The city hereby offers a reward of not more than one thousand dollars per conviction to any person or persons giving information leading to the detection, arrest and conviction of any person or persons guilty of arson, attempted arson or conspiracy to commit arson, or felony murder arising in connection with arson.
b. The offer made herein subject to and limited by availability of funds appropriated therefore and shall be paid only if no other reward is paid by the city for information leading to detections, arrests and convictions arising from the same incident of arson, attempted arson, conspiracy to commit arson or felony murder arising from arson.
c. The commissioner is authorized to publish the offer made by this section by means of posters or any other appropriate medium. Subject to the approval of the corporation counsel, the commissioner may determine the form in which the offer is to be published.
d. The commissioner is authorized to place posters containing the offer made by this section on public property.
e. Subject to the conditions and limitations set forth in subdivisions a and b of this section, the commissioner, in his or her discretion, shall determine the amount payable and certify to the comptroller the name of the person or persons to whom the reward shall be made payable and the amount to be paid. If a reward is to be made payable to more than one person for the same information, the certification may specify that payment is to be made jointly to the persons so named.
f. The comptroller shall pay such reward as a claim against the city from the funds appropriated therefor by warrant to the person or persons named in such certification.
g. The offer made by this section shall not be available:
(1) to any person employed by or having auxiliary status or other membership in any police or fire department or other law enforcement agency in the state; or
(2) to any person who has obtained the information directly or indirectly from a member of any police or fire department or other law enforcement agency in the state.
(Renumbered L.L. 2023/068, 5/29/2023, eff. 6/28/2023)