2006 New York Code - Violations Of Building Laws; Punishments; Penalty.

 
    §  26-125 Violations of building laws; punishments; penalty. a. Except
  as otherwise provided in subdivisions b and f of this  section,  section
  26-126  or  26-248  of this title, every person who shall violate any of
  the provisions of any laws, rules  or  regulations  enforceable  by  the
  department  or  who  shall  knowingly  take  part  or assist in any such
  violation shall be guilty of an  offense  and  upon  conviction  thereof
  shall  be  punishable  by a fine of not more than five thousand dollars.
  Such person shall also be subject to the payment of  a  penalty  of  not
  more  than  five  thousand  dollars  to  be  recovered in a civil action
  brought in the name of the city in any court of record in the city.
    b. Notwithstanding any other law, rule or regulation, and in  addition
  to  any  other  penalties provided in this code or elsewhere, any person
  who shall convert, or knowingly take part or assist in the conversion or
  permit the maintenance of  the  conversion  of  a  residence,  which  is
  legally  approved  for occupancy as a one-family or two-family dwelling,
  to a dwelling for occupancy by four or more families shall be guilty  of
  a   misdemeanor   and  upon  conviction  thereof  shall  be  subject  to
  imprisonment for a period not to exceed one year and by a fine for  each
  dwelling  unit added of not less than one thousand dollars nor more than
  five thousand dollars for the first offense, not less than two  thousand
  five hundred dollars nor more than fifteen thousand dollars for a second
  offense  and  not  less  than  ten thousand dollars nor more than twenty
  thousand dollars for a third or subsequent offense.
    c. In addition to the penalties provided  in  subdivision  a  of  this
  section,  any  owner  who  shall  fail  to file a report pursuant to the
  provisions of section 27-228.5 or 27-1000 of the code  shall  be  liable
  for  a  civil penalty of not less than twenty-five dollars nor more than
  one  hundred  dollars  per  day  not  to  exceed  one  thousand  dollars
  commencing  with  the  date  after  which such report was required to be
  filed with the department and terminating on the date of the  filing  of
  such report with the department.
    d.  In  addition  to  the  penalties provided in subdivision a of this
  section, any owner who shall fail to  file  a  report  pursuant  to  the
  provisions  of  section  27-793 of this code shall be liable for a civil
  penalty of not less than twenty-five dollars nor more than fifty dollars
  per day, commencing with the day following the date on which such report
  was required to be filed with the department and terminating on the date
  of the filing of such report with  the  department,  provided  that  the
  maximum  amount  of  such  penalty  shall  not  exceed one thousand five
  hundred dollars for any report for a building greater than  six  stories
  and five hundred dollars for any report for a building of six stories or
  less.
    e.  In  addition  to  the  penalties provided in subdivision a of this
  section and notwithstanding the provisions  of  subdivision  d  of  this
  section,  any  owner  who  files  a report pursuant to the provisions of
  section 27-793 of this code after the date such report was  required  to
  be  filed  with  the  department but who provides evidence in accordance
  with rules promulgated by the commissioner that the boiler was inspected
  in accordance with the provisions of subdivision b of section 27-793  of
  this  code shall only be liable for a civil penalty of fifty dollars for
  any report for a building six stories or  less  and  one  hundred  fifty
  dollars for any report for a building greater than six stories.
    f.  As  an  alternative  to the penalties provided in subdivision b of
  this section, any person who violates the provisions of such subdivision
  may be subject to the payment of a civil penalty of one thousand dollars
  per day for each dwelling unit added, commencing on the date such notice
  of violation was issued and terminating on the date of the filing  of  a
  valid  certification  that  the condition constituting the violation has


  been corrected or the date  of  final  adjudication  of  the  violation,
  whichever occurs first, to be recovered in a civil action brought in the
  name  of the city in any court of record in the city or returnable to an
  administrative  tribunal  of  competent  jurisdiction.  There shall be a
  rebuttable presumption that the violation continued to  exist  from  the
  date  of  the  issuance  of  a  notice  of  violation  until the date of
  adjudication  or  proof  of  correction  to  the  satisfaction  of   the
  commissioner.
    g.  (i)  Notwithstanding any other provision of law, where a notice of
  violation or summons is issued on or after July fourteen,  two  thousand
  three for a violation of section 27-147 of this code or paragraph (a) of
  section  32-653  or  paragraph  (a)  of  section  42-542  of  the zoning
  resolution, or any provision amending, replacing or  supplementing  such
  sections  of  the  zoning resolution, for an awning in existence on such
  date, no penalty may be imposed, nor may injunctive relief be sought  to
  restrain  such  violation, during the period commencing on such date and
  ending on the later of (A) January fourteen, two thousand six,  and  (B)
  the  date  established  by the commissioner in accordance with paragraph
  (iii) of this subdivision as the date of the conclusion of a program  of
  education of the public regarding amendments of section 32-653 or 42-542
  of  the  zoning resolution or the replacement or supplementation of such
  sections. Where the person to whom the violation was issued  cures  such
  violation  during  such period, no penalty may subsequently be sought or
  imposed for such violation.
    (ii) The provisions of paragraph i of this subdivision shall not apply
  where such awning creates an imminent threat to public health or safety.
    (iii) The commissioner shall develop a program to educate  the  public
  regarding  amendments, adopted after the enactment of the local law that
  added this  paragraph,  of  section  32-653  or  42-542  of  the  zoning
  resolution  or the replacement or supplementation of such sections. Such
  program shall be  implemented  as  soon  as  practicable  following  the
  adoption  of  such amendments, replacement or supplementation, and shall
  continue for a period of time deemed sufficient by the  commissioner  to
  provide  reasonable  notice to the public of the requirements imposed by
  such  amendments,  replacement  or  supplementation.  The  date  of  the
  conclusion  of  such program shall be established by the commissioner by
  rule which date shall be no later than May thirty-one, two thousand six.