2006 New York Code - Enforcement.



 
    § 17-1103   Enforcement.   a.  Pursuant  to  section  33-1004  of  the
  environmental conservation law, the department  and  the  department  of
  environmental  protection shall have concurrent authority with the state
  of New York to enforce the provisions of this chapter, provided that all
  penalties,  which  shall  be  assessed  after  providing  a  hearing  or
  opportunity  to  be  heard,  shall be as specified in section 17-1104 of
  this chapter and shall be payable to and deposited with the city of  New
  York.
    b.  Pursuant to section 33-1004 of the environmental conservation law,
  the department of consumer affairs shall have concurrent authority  with
  the department, the department of environmental protection and the state
  of  New  York  to  enforce  the  provisions  of subdivision a of section
  17-1102 of this chapter, provided that all  penalties,  which  shall  be
  assessed  after providing a hearing or opportunity to be heard, shall be
  as specified in section 17-1104 of this chapter and shall be payable  to
  and deposited with New York city.
    c.  A  proceeding  to recover any civil penalty authorized pursuant to
  section 17-1104 shall be  commenced  by  the  service  of  a  notice  of
  violation  returnable  to the administrative tribunal established by the
  board of health pursuant to section 558 of the charter of  the  city  of
  New  York  where  the  department  issues such notice, the environmental
  control board established pursuant to section 1404 of the charter of the
  city of New York where the department of environmental protection issues
  such notice, or the adjudication division of the department of  consumer
  affairs  established pursuant to section 20-104(e) of the administrative
  code of the city of New York where that department issues  such  notice.
  The  notice of violation or copy thereof when filled in and served shall
  constitute notice  of  the  violation  charged,  and,  if  sworn  to  or
  affirmed,  shall be prima facie evidence of the facts contained therein.
  The administrative tribunal of the board of  health,  the  environmental
  control  board  and  the  adjudication  division  of  the  department of
  consumer affairs shall have the power to render decisions and orders and
  to impose the remedies and penalties provided for in section 17-1104, in
  addition to any other remedies or penalties provided for the enforcement
  of such provisions under any other law including, but  not  limited  to,
  civil or criminal actions or proceedings.

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