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Upon finding that a violation of any law, the enforcement of which is charged upon the department, exists in any vessel, premises, ground, structure, building, or underground passage, the commissioner, the chief fire marshal, or such other member of the department designated by such commissioner, may issue a printed or written order directing the owner or occupant to alter, remedy, or remove such violation in such manner and in such reasonable time as is stated therein. Such order may authorize and direct the use of such materials and appliances as may be proper and necessary.
a. Any person who shall violate or fail to comply with an order issued by the commissioner, except an order issued pursuant to section 15-230, shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine not to exceed five thousand dollars. Such person shall also be subject to the payment of a civil penalty of not more than five thousand dollars to be recovered in a civil action brought in the name of the commissioner or in a proceeding before the environmental control board.
b. Any person who shall knowingly violate or fail to comply with any order of the commissioner, except an order issued pursuant to section 15-230, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than ten thousand dollars or imprisonment for not more than six months or both for each offense. Such person shall also be subject to a civil penalty of not more than ten thousand dollars to be recovered in a civil action brought in the name of the commissioner or in a proceeding before the environmental control board.
Orders of the department or of the commissioner shall be addressed to the owner or owners, lessees or occupants of the building, structure, enclosure, vessel, place or premises affected thereby. It shall be unnecessary to designate such owner or owners, lessees or occupants, by name in any such order, but the premises shall be designated in the address, so that the same may be readily identified. Service of any such order may be made by delivery of a copy thereof to the owner or any one of several owners, to a lessee or any one of several lessees, or to any person of suitable age and discretion in charge or apparently in charge of the premises, or if no person be found in charge of the premises then by affixing a copy of such order prominently upon the premises.
In case any order of the department or of the commissioner shall be served upon or given to any lessee or person in possession or charge of the building, structure, enclosure, vessel, place or premises therein described, it shall be the duty of such person to give immediate notice to the owner or agent of such building, structure, enclosure, vessel, place or premises named in the order, if the same shall be known to such person personally, and such owner or agent shall be within the limits of the city, and his or her residence known to such person; and if such owner or agent be not within the city, then by depositing a copy of such order in any post office in the city, properly enclosed and addressed to such owner or agent, at his or her then place of residence, if known, and with the postage prepaid. In case any such lessee or person in possession or charge shall neglect to give such notice as herein provided, he or she shall be personally liable to the owner or owners of such building or premises for all damages he, she or they shall sustain by reason of such neglect.
In case an order is not complied with within the time set forth therein, the commissioner may execute and enforce such order with employees and equipment of the department, or by the employment of such other agencies as the commissioner may direct. Nothing contained in this section, however, shall be held to authorize the commissioner to alter the construction of any building, structure, or vessel, or to supply any structural deficiency in the fire alarm, fire extinguishing, or fire escape equipment thereof. The party offending shall pay the expense of enforcing such order and, in addition thereto, shall forfeit and pay to the department the sum of fifty dollars. Where the order relates to the storage of explosive or combustible compounds or mixtures, the party offending shall pay an additional penalty of twenty-five dollars plus five dollars for each day's neglect or refusal to comply with such order.
a. Any building, structure, enclosure, vessel, place or premises perilous to life or property in case of fire therein or adjacent thereto, by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in its construction, or deficiencies in fire alarm, fire extinguishing or fire escape equipment, or by reason of any condition in violation of law, or order of the commissioner, is a public nuisance within the meaning of the code and the penal law. The commissioner is empowered to abate any such public nuisance.
b. In case any order to remedy a condition imminently perilous to life or property issued by the commissioner or the department is not complied with, or the commissioner certifies in writing that an emergency exists requiring such action, he or she may order and immediately cause any building or structure or part thereof (i) to be vacated; and, also, if the commissioner determines such action is necessary to the preservation of life and safety, (ii) to be sealed, secured and closed; provided, however, that the commissioner shall not order sealed, secured, and closed any dwelling unit or other space lawfully used for residential purposes. Upon the issuance of an order to seal, secure and close, no person shall have access to such premises except as authorized by the commissioner. For the purpose of this section, "sealed, secured and closed" shall mean the use of any means available to render the building, structure or part thereof inaccessible, including but not limited to the use of a padlock or cinder blocks.
c. All orders issued pursuant to this section shall be posted upon the premises. Immediately upon the posting of an order upon the premises, officers and employees of the police department, the department, and other authorized officers and employees of the city shall immediately act upon and enforce such order. The police department shall provide all reasonable assistance to the department and other authorized officers and employees necessary to carry out the provisions of this section. If an order issued pursuant to this section is not complied with within the time designated therein, the commissioner, in addition to or in lieu of any other remedy or power, may apply to the supreme court, at a special term thereof, without notice, for an order directing him or her to vacate and/or seal, secure and close such building or premises or so much thereof as he or she may deem necessary, and prohibiting and enjoining all persons from using or occupying the same for any purpose until such measures are taken as may be required by such order.
d. (i) Any order to seal, secure and close issued pursuant to item (ii) of subdivision b of this section shall contain notice of the opportunity for a hearing with respect to such order, to determine if the order was properly issued in accordance with the provisions of this section. Such hearing shall be conducted by the commissioner, or in the commissioner's discretion, by the office of administrative trials and hearings or the environmental control board. If the matter is referred to such office or board, the hearing officer shall submit his or her findings of fact and a recommended decision to the commissioner. The hearing shall be held within three business days after the receipt of the written request of an owner, lessor, lessee or mortgagee for such hearing and the commissioner shall render a decision within three business days after such hearing is concluded.
(ii) Any order issued pursuant to this section shall be served in accordance with section 15-224 of the code and, in addition, shall be mailed to the record owner of such premises and any record mortgagee of such premises at the address for such person as set forth in the recorded instrument and to the person designated as owner or agent of the building or designated to receive real property tax or water bills for the building at the address for such person contained in one of the files compiled by the department of finance for the purpose of the assessment or collection of real property taxes and water charges or in the file compiled by the department of finance from real property transfer forms filed with the city register upon the sale or transfer of real property. A copy shall also be filed with the county clerk of the county in which such premises are located. Such filing shall be notice of the order to any subsequent owner and such owner shall be subject to such order.
e. An order issued pursuant to this section shall not be rescinded unless the owner, lessor, lessee or mortgagee seeking such rescission provides assurance, in a form satisfactory to the commissioner, that the conditions which caused the issuance of such order have been corrected and will not reoccur. If such order is rescinded, upon the request of the owner, lessor, lessee or mortgagee, the commissioner shall provide a certified copy of such rescission, which may be filed with the county clerk of the county in which such premises are located.
f. The commissioner shall give written notice of the closing of any building or structure or part thereof pursuant to this section, and any subsequent actions taken with respect thereto, as soon as practicable, to (i) the borough president of the borough within which the closing has occurred; (ii) the council member representing the district within which the closing has occurred; and (iii) the local community board. On January first of each year, the commissioner shall submit a report to the council, setting forth the number of closings made in the previous year, the locations of such closings, and the nature and use of the premises closed. The commissioner shall, in addition, as soon as practicable after a building, structure or part thereof has been closed, make and publish a report of said closing in a manner calculated to quickly notify the local community in which such closing occurred. The commissioner shall also make and publish a report of any premises reopened pursuant to his or her permission under this section. Failure to comply with this subdivision shall not invalidate any action taken by the commissioner pursuant to this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/023.
a. Any person who violates the provisions of an order to vacate issued pursuant to section 15-227 of this code shall be liable for a civil penalty of not more than twenty-five thousand dollars and an additional civil penalty of not more than one thousand dollars for each day the violation continues.
b. Except as authorized by the commissioner, any person who removes or causes to be removed the seal from any premises sealed in accordance with an order of the commissioner or his or her designee shall be guilty of a misdemeanor punishable by imprisonment for no more than one year or a fine not to exceed fifty thousand dollars, or both such fine and imprisonment. Such person shall also be subject to a civil penalty not to exceed fifty thousand dollars.
c. The commissioner shall allow access to the premises to an owner, or a lessor, lessee or mortgagee, in accordance with the terms of the parties' lease or mortgage agreement, upon the following conditions: (i) the submission of a written affirmation, satisfactory to the commissioner, that such person or persons will commence or cause to be commenced without delay all work necessary to correct the conditions stated in the vacate order or otherwise to make the premises suitable for a lawful use and will complete such work within a period of time and in a manner to be approved by the commissioner; (ii) the submission of an affirmation or other proof satisfactory to the commissioner describing the steps that have been taken and will be taken in the future to ensure that the premises will be used or operated in a lawful manner and specifying such lawful use; (iii) if a license, permit or certificate of occupancy is necessary for such lawful use, the submission of a written affirmation or other proof, satisfactory to the commissioner, describing the steps that have been taken and will be taken in the future to ensure that such premises will be used or operated in compliance with any law requiring such license, permit or certificate of occupancy; and (iv) if the premises are leased and the person making the affirmations described in items (i), (ii) and (iii) is not such lessee, the commissioner may also require any authorized person seeking access pursuant to this subdivision to submit an affirmation or other proof that proceedings to enable such person to take actions necessary to ensure compliance with the affirmations submitted by such authorized person pursuant to items (i), (ii) and (iii) have been commenced.
d. Any person who makes a material false statement in any document submitted pursuant to subdivision c of this section which statement he or she knows or has reason to know will be relied upon by the commissioner in determining whether he or she will allow access to the premises shall be liable for a civil penalty of not more than fifty thousand dollars.
e. Notwithstanding any other law, rule, or regulation, any person, corporation, partnership, association or any other legal entity who permits a building, structure or part thereof to be unlawfully occupied or used in contravention of an order of the commissioner pursuant to section 15-227, or who negligently fails to prevent or prohibit such unlawful occupancy or use, shall be liable for a civil penalty of not more than one million dollars, if any other person suffers serious physical injury, as defined in section ten of the penal law, or death in the building, structure or part thereof subject to such order, as a result of such unlawful occupancy or use. If more than one person suffers serious physical injury or death, such penalty shall be recoverable for each person suffering injury or death. Such penalty shall be recovered in a civil action brought by the corporation counsel in the name of the city in any court of competent jurisdiction. In determining the amount of the civil penalty to be imposed the court shall consider:
(i) the extent and severity of injury to persons and property caused by the violation;
(ii) the history of violations by the defendant at such premises, or any other premises, of laws, rules or regulations enforced by the department;
(iii) the degree of willfulness, recklessness, or negligence displayed by the defendant in committing the subject violation;
(iv) the defendant's financial resources; and
(v) the defendant's good faith efforts to cure the subject violation, including efforts to obtain entry to or possession of the premises in order to do so. In the event that any person seriously injured or the family of any person who has died as the result of any unlawful occupancy or use described in this subdivision is unable to collect a judgment recovered in a civil action for personal injury or wrongful death against a defendant who has violated this subdivision because of the insolvency of such defendant, the city may, in its discretion, pay to such injured person or the family of such deceased person an amount, as hereinafter provided, collected from such defendant in an action relating to the same injury or death commenced by the corporation counsel against such defendant pursuant to this subdivision. Payments pursuant to this subdivision shall be made as a matter of grace and shall be in such amounts and in accordance with such standards and procedures as shall be established by the mayor, provided, however, that any payment made pursuant to this subdivision shall be in an amount not exceeding out-of-pocket expenses, including indebtedness reasonably incurred for medical or other services necessary as a result of the injury upon which such action is based; loss of earnings or support resulting from such injury; burial expenses not exceeding two thousand five hundred dollars of a person who died as a result of such unlawful occupancy or use described in this subdivision; and the unreimbursed cost of repair or replacement of articles of essential personal property lost, damaged or destroyed as a direct result of such unlawful occupancy or use. In no event shall the payment made to any person exceed the amount of such person's uncollected judgment for personal injury or wrongful death and in no event shall the total amount paid to any number of persons with such uncollected judgments against a single defendant exceed the actual amount collected by the city from such defendant in an action under this subdivision.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/023.
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