§ 19-150 Civil penalties.

   a.   In addition to or as an alternative to the penalties set forth in section 19-149, any person who violates any of the provisions of this subchapter, or of section 24-521 of the code, or any order issued by or rule promulgated by the commissioner pursuant thereto or the terms or conditions of any permit issued pursuant thereto, or who causes, authorizes or permits such violation shall be liable for a civil penalty for each violation as provided in subdivision b. In the case of a continuing violation, each day's continuance shall be a separate and distinct offense unless otherwise provided in this subchapter.

   b.   1.   Except as otherwise provided in this subchapter, such civil penalty shall be determined in accordance with the following schedule:

Section of the Administrative Code	Maximum Civil Penalty (dollars)
19-102	10,000
19-107	10,000
19-108	75
19-109	10,000
19-111	5,000
19-112	5,000
19-113	5,000
19-115	5,000
19-116	5,000
19-117(a)	10,000
19-119	10,000
19-121	10,000
19-122	5,000
19-123	10,000
19-124(a)	300
19-124(b)	75
19-124(e)	75
19-124.1(a)	450
19-124.1(c)	75
19-125(a)	300
19-125(c)	150
19-126	10,000
19-127	75
19-128	5,000
19-133	5,000
19-133.1	10,000
19-135	5,000
19-136(j)	300
19-137	5,000
19-138	5,000
19-139	10,000
19-141	5,000
19-144	10,000
19-145	10,000
19-146	5,000
19-147	10,000
19-148	5,000
19-160(a)	500 (first violation); 1,000 (second and subsequent violations at the same place of business)
19-160.1 - 19-160.4, 19-160.6*	200 (first violation); 500 (second and subsequent violations at the same place of business)
24-521	10,000
All other provisions of this subchapter and rules or orders relating thereto	5,000

 

* Editor's note: L.L. 2023/121 read "19-160.1 - 160.4, 160.6"; revised by the editor to make section numbering consistent and searchable.

Note: Reference to an administrative code provision is intended to encompass the penalties for violations of the rules or orders made or of the terms or conditions of permits issued pursuant to such code provision.

      2.   The civil penalties provided for in this subdivision may be recovered in a proceeding before the environmental control board or in an action in any court of competent jurisdiction.

      3.   The environmental control board shall have the power to impose the civil penalties provided for in this subdivision. A proceeding before such board shall be commenced by the service of a notice of violation returnable before such board.

   c.   In addition to the civil penalty determined in accordance with subdivision b of this section an additional civil penalty may be recovered in the amount of the expense, if any, incurred by the city to restore or replace pavement unlawfully removed, taken up or broken or to remedy any other unsafe condition on any street resulting from such violation. Such additional civil penalty may be recovered in an action or proceeding in any court of competent jurisdiction.

(Am. L.L. 2018/005, 12/31/2017, eff. 4/30/2018; Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021; Am. L.L. 2023/121, 8/16/2023, retro. eff. 6/20/2023)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104, L.L. 2021/080 and L.L. 2023/121.