US Laws, Codes, Statutes & Cases

 
    §  1404.  Environmental  control  board.  a.  There  shall  be  in the
  department  an   environmental   control   board   consisting   of   the
  commissioner, who shall be chairman, the commissioner of sanitation, the
  commissioner of buildings, the commissioner of public health, the police
  commissioner,  the  fire  commissioner  and the commissioner of consumer
  affairs, all of whom shall serve on the board without  compensation  and
  all  of  whom  shall have the power to exercise or delegate any of their
  functions, powers and duties as members of the board, and six persons to
  be appointed by the mayor, with the  advice  and  consent  of  the  city
  council, who are not otherwise employed by the city, one to be possessed
  of  a  broad  general  background  and  experience  in  the field of air
  pollution control, one with such background and experience in the  field
  of  water  pollution control, one with such background and experience in
  the field of noise pollution  control,  one  with  such  background  and
  experience  in  the  real  estate  field,  one  with such background and
  experience in the business community, and one member of the public,  and
  who  shall  serve for four-year terms. Such members shall be compensated
  at the rate of one hundred fifty dollars per  day  when  performing  the
  work  of  the board.  Within its appropriation, the board may appoint an
  executive director and such  hearing  officers,  including  non-salaried
  hearing  officers  and  other employees as it may from time to time find
  necessary for the proper performance of its duties.
    b. The environmental control board may adopt and amend regulations not
  inconsistent with any provision of law:
    (1) regulating or prohibiting the emission into the open air from  any
  source,  whether  fixed or movable, and whether on land or waters of any
  harmful or objectionable  substances  including,  but  not  limited  to,
  smoke,  soot,  dust,  fumes,  flyash,  gas  vapors  and  odors,  and the
  installation, construction or alteration of equipment giving forth  such
  emissions  into  the  open  air  insofar  as such emissions are effected
  thereby; and
    (2) regulating or prohibiting the emission into the waters within  and
  about  the city of New York from any source whether fixed or movable and
  whether on land or water of any  harmful  or  objectionable  substances,
  contaminants and pollutants.
    c. (1) The environmental control board shall enforce the provisions of
  the  charter  and the administrative code, and any rules and regulations
  made thereunder, which relate to:
    (a) the cleanliness of the streets;
    (b) the disposal of wastes;
    (c) the provision of a pure, wholesome and adequate supply of water;
    (d) the prevention of air, water and noise pollution;
    (e) the regulation of street peddling;
    (f) the prevention of fire and danger to life and  property  therefrom
  which  are  within the jurisdiction of the fire department and which the
  fire commissioner shall designate by rule or regulation;
    (g) the construction, alteration, maintenance, use, occupancy, safety,
  sanitary condition, mechanical equipment and inspection of buildings  or
  structures  and  the  regulation,  inspection  and testing of wiring and
  appliances for electric light, heat and power  in  or  on  buildings  or
  structures  in  the  city  which  are  within  the  jurisdiction  of the
  department of buildings or the department of ports and trade  and  which
  the  commissioner  of  buildings  or the commissioner of ports and trade
  shall designate by rule or regulation;
    (h) the response to  emergencies  caused  by  releases  or  threatened
  releases of hazardous substances;
    (i) the use and regulation of all property subject to the jurisdiction
  of the department of parks and recreation;

    (j)  the reporting of information relating to the amount, location and
  nature  of  hazardous  substances,  and  the   labeling   of   hazardous
  substances;
    (k)  the  construction,  maintenance  and  repair  and  obstruction or
  closure of  public  roads,  streets,  highways,  parkways,  bridges  and
  tunnels   which  are  within  the  jurisdiction  of  the  department  of
  transportation  and  the  department  of  information   technology   and
  telecommunications; and
    (l) the use and regulation of all property subject to the jurisdiction
  of the department of ports and trade.
    (m) the defacement of property.
    (n)  landmarks  and  historic districts within the jurisdiction of the
  landmarks preservation commission.
    (2) The board shall have concurrent jurisdiction  with  the  board  of
  health  to enforce those provisions of the health code and the rules and
  regulations relating thereto which the board of health shall designate.
    (3) The board shall have authority from time to time  to  make,  amend
  and  rescind such rules and regulations as may be necessary to carry out
  its duties under this subdivision.
    d. (1) (a) The environmental control board shall  conduct  proceedings
  for  the  adjudication  of violations of the laws, rules and regulations
  enforced by it pursuant to the  provisions  of  subdivision  c  of  this
  section   or   of  any  other  law  providing  for  enforcement  by  the
  environmental control board in accordance with this  paragraph  (1)  and
  with  rules and regulations promulgated by the board, and shall have the
  power to render decisions and orders and to impose the  civil  penalties
  provided under law for such violations.
    (b)  The  form and wording of notices of violation shall be prescribed
  by the board. The notice of violation or copy thereof when filled in and
  served shall constitute notice of the violation charged, and,  if  sworn
  to  or  affirmed,  shall  be prima facie evidence of the facts contained
  therein.
    (c) The notice of violation shall  contain  information  advising  the
  person  charged  of  the  manner  and  the time in which such person may
  either admit or deny the violation charged in the notice. Such notice of
  violation shall also contain a warning to advise the person charged that
  failure to plead in the manner and time stated in the notice may  result
  in  a  default decision and order being entered against such person. The
  original or a copy of  the  notice  of  violation  shall  be  filed  and
  retained  by the board and shall be deemed a record kept in the ordinary
  course of business.
    (d) Where a respondent has failed to plead within the time allowed  by
  the  rules  of the board or has failed to appear on a designated hearing
  date or a subsequent date following  an  adjournment,  such  failure  to
  plead or appear shall be deemed, for all purposes, to be an admission of
  liability  and  shall  be  grounds  for rendering a default decision and
  order imposing a penalty in the maximum amount prescribed under law  for
  the violation charged.
    (e) Any final order of the board imposing a civil penalty, whether the
  adjudication  was  had  by  hearing  or upon default or otherwise, shall
  constitute a judgment rendered by the board which may be entered in  the
  civil  court of the city of New York or any other place provided for the
  entry of civil judgments within the state, and may be  enforced  without
  court  proceedings  in  the  same  manner  as  the  enforcement of money
  judgments entered in civil actions;  provided,  however,  that  no  such
  judgment  shall be entered which exceeds the sum of twenty-five thousand
  dollars for each respondent.

    (f) Notwithstanding the foregoing provision, before a  judgment  based
  upon  a  default  may  be  so  entered  the board must have notified the
  respondent by first class mail in such form as the board may direct: (i)
  of the default decision and order and the penalty imposed;
    (ii) that a judgment will be entered in the civil court of the city of
  New  York  or  any other place provided for the entry of civil judgments
  within the state of New York; and
    (iii) that entry of such judgment may be avoided by requesting a  stay
  of  default  for  good  cause  shown  and either requesting a hearing or
  entering a plea pursuant to the rules of the board within thirty days of
  the mailing of such notice.
    (g) A judgment entered pursuant to this paragraph shall remain in full
  force and effect for eight years.
    (h) Notwithstanding any  inconsistent  provision  of  section  fifteen
  hundred  four  of  the  New York city civil court act, an execution with
  respect to a judgment of the board arising out of  any  violation  of  a
  provision  of chapter one of title sixteen of the administrative code of
  the city of New York shall be directed only to the sheriff.
    (2) (a) The environmental control board  shall  not  enter  any  final
  decision  or  order  pursuant to the provisions of paragraph one of this
  subdivision unless the notice of violation shall have been served in the
  same manner as is prescribed for service of process by article three  of
  the  civil  practice  law  and  rules  or  article three of the business
  corporation law, except that:
    (i) service of a notice of violation of any provisions of the  charter
  or administrative code the enforcement of which is the responsibility of
  the  fire  commissioner, the commissioner of buildings, the commissioner
  of environmental protection, the  commissioner  of  transportation,  the
  commissioner  of  small  business  services,  the landmarks preservation
  commission  or  the  commissioner  of  the  department  of   information
  technology  and  telecommunications  and  over  which  the environmental
  control board has jurisdiction, may be made by delivering such notice to
  a person employed by  the  respondent  on  or  in  connection  with  the
  premises  where  the  violation  occurred,  provided  however,  that the
  department of buildings and the fire  department  may  not  utilize  the
  procedures  set  forth  in  this  item  to  serve  a notice of violation
  relating to commercial premises or residential  premises  with  a  legal
  occupancy of four or more dwelling units; and
    (ii)  service of a notice of violation of any provision of the charter
  or administrative code, the enforcement of which is  the  responsibility
  of  the commissioner of sanitation, the commissioner of buildings or the
  commissioner of the fire department and  over  which  the  environmental
  control board has jurisdiction, may be made by affixing such notice in a
  conspicuous place to the premises where the violation occurred; and
    (iii)  service  of  a  notice  of  violation  of  any provision of the
  administrative code relating to the prevention of noise pollution caused
  by  an  audible  motor  vehicle  burglar  alarm  and  over   which   the
  environmental  control  board  has  jurisdiction  may be served upon the
  owner of a motor vehicle by affixing such notice to said  vehicle  in  a
  conspicuous place; and
    (iv)  service  of  a  notice  of violation of any of the provisions of
  section 10-119 or 10-120 of the administrative code of the city  of  New
  York  and  over  which the environmental control board has jurisdiction,
  may be  made  by  certified  mail,  return  receipt  requested,  to  the
  respondent's  last  known  residence  or business address, provided that
  delivery of such notice shall be restricted to the  respondent.  Service
  by certified mail shall be deemed complete upon mailing of the notice of
  violation  unless  the  notice of violation is returned to the sender by

  the United States postal service for any reason other  than  refusal  of
  delivery.
    (b) Such notice may only be affixed or delivered pursuant to items (i)
  and  (ii)  of  subparagraph  (a)  of  this  paragraph where a reasonable
  attempt has been made to  deliver  such  notice  to  a  person  in  such
  premises  upon whom service may be made as provided for by article three
  of the civil practice law and rules or article  three  of  the  business
  corporation  law.  When  a  copy  of  such  notice  has  been affixed or
  delivered, pursuant to items (i) and (ii) of subparagraph  (a)  of  this
  paragraph,  a  copy  shall be mailed to the respondent at the address of
  such premises. In addition to the foregoing mailing, if  the  respondent
  is  neither the owner nor the managing agent nor the occupying tenant of
  such premises, then a copy of the notice shall also  be  mailed  to  the
  respondent  at  such  respondent's  last  known  residence  or  business
  address, and, if the respondent is the owner or agent  of  the  building
  with  respect to which such notice was issued and the identity of and an
  address for such person is contained in any of the  files  specified  in
  items  (i),  (ii)  and  (iii) of this subparagraph, a copy of the notice
  shall also be mailed:
    (i)  to  the  person  registered  with  the  department   of   housing
  preservation  and  development as the owner or agent of the premises, at
  the address filed with such department in compliance with article two of
  subchapter  four  of  chapter  two  of   title   twenty-seven   of   the
  administrative code; or
    (ii)  to  the  person  designated as owner or agent of the building or
  designated to receive real property tax or water bills for the  building
  at the address for such person contained in one of the files compiled by
  the  department  of  finance  for  the  purpose  of  the  assessment  or
  collection of real property taxes and  water  charges  or  in  the  file
  compiled  by the department of finance from real property transfer forms
  filed with the city register upon the sale or transfer of real property;
  or
    (iii) to the person described as owner or agent of  the  premises,  at
  the  address  for such person contained in the files of the agency which
  issued such notice of violation compiled and maintained for the  purpose
  of  the  enforcement  of the provisions of the charter or administrative
  code or other law over which such agency has jurisdiction.
    (c) Proof of such service  made  pursuant  to  item  (i)  or  (ii)  of
  subparagraph  (a)  of  this  paragraph  and  subparagraph  (b)  of  this
  paragraph shall be filed with the  environmental  control  board  within
  twenty days; service shall be complete ten days after such filing.
    (3)  The environmental control board may apply to a court of competent
  jurisdiction for enforcement of any other decision or  order  issued  by
  such board or of any subpoena issued by such board.