2006 New York Code - Civil Penalties.

 
    §  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.  In  the case of a
  continuing violation, each day's continuance shall  be  a  separate  and
  distinct offense.
    b.  1. Except as provided in subdivision c of this section, such civil
  penalty shall be determined in accordance with the following schedule:
 
  Section of the                                     Maximum
  Administrative                                      Civil
  Code                                               Penalty
                                                    (dollars)
 
  19-102                                              5,000
  19-107                                              5,000
  19-109 subd (a)                                     5,000
  19-109 subd (c)                                     1,000
  19-111                                              1,000
  19-112                                              1,000
  19-113                                              1,000
  19-115                                              1,000
  19-116                                              1,000
  19-117 subd (c)                                     5,000
  19-119                                              5,000
  19-121 subd (a)                                     5,000
  19-121 subd (b) para (5) & (7)                      5,000
  19-121 subd (b) para (2), (3) & (6)                 1,000
  19-122                                              1,000
  19-123                                              5,000
  19-126                                              5,000
  19-128                                              1,000
  19-133                                              1,000
  19-135                                              1,000
  19-137                                              1,000
  19-138                                              1,000
  19-139                                              5,000
  19-141                                              1,000
  19-144                                              5,000
  19-145                                              5,000
  19-146                                              1,000
  19-147                                              1,000
  19-148                                              1,000
  24-521                                              5,000
  All other
  Provisions
  of this
  subchapter
  and rules
  or
  orders relating
  thereto                                             500
 
    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.