2006 New York Code - Violations Of Zoning Resolutions.

 
    §  26-126  Violations  of zoning resolutions. a. The owner, lessee, or
  occupant of any building in which a violation of the  zoning  resolution
  has  been  committed  or  shall exist, or the agent, architect, builder,
  contractor, or any other person who commits, takes part  or  assists  in
  any  such  violation  or  who  maintains  any building in which any such
  violation shall exist, shall be guilty of a misdemeanor, and  where  the
  violation shall be for the construction, alteration, use or occupancy of
  any building, structure or area set forth within use groups five through
  eighteen inclusive in a zoning district where such use is not permitted,
  the  person  convicted  thereof  shall be punished by a fine of not less
  than two hundred fifty dollars nor more than one  thousand  dollars  for
  the  first offense, not less than five hundred dollars nor more than one
  thousand dollars for a second offense and five thousand  dollars  for  a
  third,  and  all  subsequent  offenses,  or  for  any  such  offense  by
  imprisonment for not  more  than  ninety  days,  or  by  both  fine  and
  imprisonment.
    b.  Any  such  person,  having been served with an order to remove any
  such violation, who shall fail to comply with such order within ten days
  after such service or who shall continue to violate any provision of the
  zoning resolution in the respect named in such order, shall be guilty of
  a misdemeanor.
    c. In addition to the foregoing remedies, the  city  may  maintain  an
  action  for  an  injunction  to  restrain  any  violation of such zoning
  resolution.
    d. (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.