2006 New York Code - Penalties For Violation Of Order To Vacate And Order To Seal, Secure And Close; Access To Premises.

 
    §  26-127.1  Penalties  for  violation of order to vacate and order to
  seal, secure and close; access to premises. a. Any person  who  violates
  the  provisions  of  a vacate order issued pursuant to section 26-127 of
  this code shall  be  liable  for  a  civil  penalty  of  not  more  than
  twenty-five thousand dollars and an additional civil penalty of not more
  than one thousand dollars for each day the violation continues.
    b. Except as authorized by the commissioner, any person who removes or
  causes  to  be  removed  the seal from any premises sealed in accordance
  with an order of the commissioner or his or her designee shall be guilty
  of a misdemeanor punishable by imprisonment for no more than one year or
  a fine not to exceed fifty thousand  dollars,  or  both  such  fine  and
  imprisonment.  Such  person shall also be subject to a civil penalty not
  to exceed fifty thousand dollars.
    c. The commissioner shall allow access to the premises to an owner, or
  a lessor, lessee or mortgagee, in  accordance  with  the  terms  of  the
  parties' lease or mortgage agreement, upon the following conditions: (i)
  the   submission   of   a   written  affirmation,  satisfactory  to  the
  commissioner, that such person or persons will commence or cause  to  be
  commenced  without  delay  all  work necessary to correct the conditions
  stated in the vacate order or otherwise to make the  premises  meet  all
  applicable  laws,  rules  and  regulations  and  will complete such work
  within a period  of  time  and  in  a  manner  to  be  approved  by  the
  commissioner;  (ii)  the  submission  of  an  affirmation or other proof
  satisfactory to the commissioner describing the  steps  that  have  been
  taken  and  will be taken in the future to ensure that the premises will
  be used or operated in a lawful manner and specifying such  lawful  use;
  (iii)  if a license, permit or certificate of occupancy is necessary for
  such lawful use, the submission of a written affirmation or other proof,
  satisfactory to the commissioner, describing the steps  that  have  been
  taken  and will be taken in the future to ensure that such premises will
  be used or operated in compliance with any law requiring  such  license,
  permit  or certificate of occupancy; and (iv) if the premises are leased
  and the person making the affirmations described in items (i), (ii)  and
  (iii)  is  not  such  lessee,  the  commissioner  may  also  require any
  authorized person seeking access pursuant to this subdivision to  submit
  an  affirmation or other proof that proceedings to enable such person to
  take actions  necessary  to  ensure  compliance  with  the  affirmations
  submitted  by  such  authorized  person  pursuant to items (i), (ii) and
  (iii) have been commenced.
    d. Any person who makes a material false  statement  in  any  document
  submitted  pursuant  to subdivision c of this section which statement he
  or she knows  or  has  reason  to  know  will  be  relied  upon  by  the
  commissioner  in  determining whether he or she will allow access to the
  premises shall be liable for a civil penalty  of  not  more  than  fifty
  thousand dollars.
    e.  Notwithstanding  any  other  law, rule, or regulation, any person,
  corporation, partnership, association or  any  other  legal  entity  who
  permits a building, structure, enclosure, place or premises, or any part
  thereof,  to be unlawfully occupied or used in contravention of an order
  of the commissioner pursuant to section 26-127, or who negligently fails
  to prevent or prohibit such unlawful occupancy or use, shall  be  liable
  for  a  civil penalty of not more than one million dollars, if any other
  person suffers serious physical injury, as defined in section ten of the
  penal law, or death in the building, structure, place or premises or any
  part thereof subject  to  such  order  as  a  result  of  such  unlawful
  occupancy  or  use.  If  more  than  one person suffers serious physical
  injury or death, such penalty  shall  be  recoverable  for  each  person
  suffering  injury  or  death. Such penalty shall be recovered in a civil


  action brought by the corporation counsel in the name of the city in any
  court of competent jurisdiction. In determining the amount of the  civil
  penalty to be imposed the court shall consider:
    (i)  the  extent and severity of injury to persons and property caused
  by the violation;
    (ii) the history of violations by the defendant at such  premises,  or
  any  other  premises,  of  laws,  rules  or  regulations enforced by the
  department;
    (iii) the degree of willfulness, recklessness, or negligence displayed
  by the defendant in committing the subject violation;
    (iv) the defendant's financial resources; and
    (v) the defendant's good faith efforts to cure the subject  violation,
  including  efforts  to  obtain entry to or possession of the premises in
  order to do so.
    In the event that any person seriously injured or the  family  of  any
  person  who  has  died  as  the  result of any unlawful occupancy or use
  described in this subdivision is unable to collect a judgment  recovered
  in  a  civil  action  for  personal  injury  or wrongful death against a
  defendant who has violated this subdivision because of the insolvency of
  such defendant, the city may, in its discretion,  pay  to  such  injured
  person  or  the family of such deceased person an amount, as hereinafter
  provided, collected from such defendant in an  action  relating  to  the
  same  injury  or death commenced by the corporation counsel against such
  defendant pursuant  to  this  subdivision.  Payments  pursuant  to  this
  subdivision  shall  be  made  as  a matter of grace and shall be in such
  amounts and in accordance with such standards and procedures as shall be
  established by the mayor,  provided,  however,  that  any  payment  made
  pursuant  to  this  subdivision  shall  be  in  an  amount not exceeding
  out-of-pocket expenses, including indebtedness reasonably  incurred  for
  medical or other services necessary as a result of the injury upon which
  such  action  is  based; loss of earnings or support resulting from such
  injury; burial expenses not exceeding two thousand five hundred  dollars
  of  a  person  who  died  as  a result of such unlawful occupancy or use
  described in this subdivision; and the unreimbursed cost  of  repair  or
  replacement  of articles of essential personal property lost, damaged or
  destroyed as a direct result of such unlawful occupancy or  use.  In  no
  event  shall  the  payment  made to any person exceed the amount of such
  person's uncollected judgment for personal injury or wrongful death  and
  in  no  event  shall the total amount paid to any number of persons with
  such uncollected judgments against a single defendant exceed the  actual
  amount collected by the city from such defendant in an action under this
  subdivision.