2006 New York Code - Environmental Control Board; Civil Penalties.

 
    §  26-126.1  Environmental  control  board;  civil  penalties.  a.  In
  addition to or as an alternative to any of the  remedies  and  penalties
  provided  in subchapters one, two and three of chapter one of this title
  or chapter one of title twenty-seven any person  who  shall  violate  or
  fail  to  comply  with any of the provisions of subchapters one, two and
  three of chapter one of this title or chapter one of title  twenty-seven
  or  the  rules  and  regulations  promulgated hereunder shall, except as
  otherwise specifically provided in subdivision c of section 26-126.2, be
  liable for a civil penalty which may be recovered in a proceeding before
  the environmental control board. Such proceeding shall be  commenced  by
  the  service  of  a notice of violation returnable before the board. The
  provisions  of  sections  26-244,  26-246   and   26-248   relating   to
  notification prior to the commencement of judicial proceedings shall not
  apply  to  the  recovery  of  civil  penalties in proceedings before the
  environmental control board.
    Except as otherwise specifically provided, such civil penalty shall be
  determined in accordance with the following schedule:
 
           First Violation     Second or Subsequent Violation by the  same
                               respondent  of  the  same provision of law,
                               rule or regulation and, if the respon- dent
                               is the owner, agent, lessee or other person
                               in control of the premises with respect  to
                               which  the  violation occurred, at the same
                               premises (all violations  committed  within
                               an eighteen month period).
 
                        Minimum     Maximum        Minimum       Maximum
  Section               (Dollars)   (Dollars)      (Dollars)     (Dollars)
  ------------------------------------------------------------------------
  27-118.1                  250       2,500             1,000      10,000
  27-508.3(b)               0           300               350       1,000
  Any provision of sub-
  chapter 19 of chapter 1
  of title 27               0         5,000             0          10,000
 
  Any provision of
  subchapters 1, 2 and 3
  of chapter 1
  of this title
  and all other provisions
  of chapter 1 of title 27
  or any provisions of the
  zoning resolution
  and related rules
  and regulations           0         2,500             0          10,000
  ________________________________________________________________________
 
    (Reference  to  a section of the code is intended to include any rules
  and regulations related to such section).
    b.  For  the  purposes  of  the  multiple  offense  schedule,  if  the
  respondent  is  the  owner  or  agent  of the building or structure with
  respect to which the violation  occurred  or  a  lessee  of  the  entire
  building  or structure, the term premises shall mean the entire building
  or structure. If the respondent is the lessee or person in control of  a
  part  of  such  building or structure, the term premises shall mean that
  part of such building or structure leased to or under the control of the
  respondent.


    c. Notwithstanding  any  other  provision  of  this  section,  if  the
  respondent  is  the  owner  or  agent  of the building or structure with
  respect to which the violation  occurred  or  a  lessee  of  the  entire
  building  or  structure,  a prior violation by the same respondent shall
  not  serve  as a predicate for purposes of the multiple offense schedule
  set forth in this section if the prior violation or  the  violation  for
  which  penalties  are  to  be  imposed  occurred  within  an area of the
  building or structure which, at the time of the violation, was leased to
  and under the control of a person other than the respondent, except that
  this provision shall not apply if  both  the  prior  violation  and  the
  violation  for  which  penalties are to be imposed occurred within areas
  leased to and under the control of the same lessee.  In  any  proceeding
  before  the  board,  the  burden of proof with respect to this exception
  shall be upon the respondent.
    d. The commissioner may, by rule or regulation, establish  a  schedule
  of civil penalties providing a maximum penalty for the violation of each
  separate  provision  of  law,  rule or regulation based on the degree of
  seriousness of the violation. Such maximum penalties  shall  not  exceed
  the maximum penalties for such violations set forth in this section.
    e.  In  addition  to  the penalties set forth in subdivision a of this
  section: (i) any individual who shall violate or fail to comply with the
  provisions of section 27-118.1 of this code shall also be subject to the
  payment of a penalty of not less than fifty dollars nor  more  than  one
  hundred 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  certification  that  the  condition  constituting  the
  violation  has  been  corrected or the date of final adjudication of the
  violation by the environmental control board,  whichever  occurs  first,
  and there shall be a rebuttable presumption that the violation continued
  to  exist from the date of the issuance of the notice of violation until
  the date of the filing of the certification or final  adjudication;  and
  (ii) a third or subsequent violation of section 27-118.1 of this code by
  the  same  respondent and, if the respondent is the owner, agent, lessee
  or other person in control of the premises with  respect  to  which  the
  violation  occurred,  at  the  same  premises  (all violations committed
  within an eighteen month period), shall result in a civil penalty of not
  less than five thousand dollars nor more than fifteen thousand dollars.