Int 0195-1998

Be it enacted by the Council as follows: Section one. Section 26-125 of chapter one of title twenty-six of the administrative code of the city of New York is amended by adding thereto a new subdivision f. to read as follows: f. Notwithstanding any other law or rule any person who violates section 27-147 of the code shall be guilty of a misdemeanor and, upon conviction thereof shall be punished by a fine of not less than ten thousand dollars for a first offense and not less than twenty-five thousand dollars for a second or subsequent offense. Such person shall also be subject to imprisonment for a period not to exceed six months in the event of a second or subsequent offense. Such person shall also be liable for a civil penalty of ten thousand dollars for a first violation and twenty-five thousand dollars for a second or subsequent violation which may be recovered in a civil action brought in the name of the commissioner. �2. Subdivision a. of section 26-126.1 of such chapter, title and code as by local lasw number 65 for the year 1997, is amended to read as follows: a. In addition to or as an alternative to any of the remedies and penalties provided in subchapter 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 proceedings shall be commenced by the service of a notice of violation returnable before the board. The provisions of section 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: __________________________________________________________________ Second or Subsequent First Violation Violation* Minimum Maximum Minimum Maximum Section (Dollars) (Dollars) (Dollars) (Dollars) 27-147................ 0 1,000 0 5,000 0 [1,000] 0 [5,000] 27-147................ 0 1,000 0 5,000 27-215................ 0 1,000 0 5,000 27-217................ 0 1,000 0 5,000 27-1009(subd. c)...... 0 1,000 0 5,000 27-1018............... 0 1,000 0 5,000 27-1019............... 0 1,000 0 5,000 27-1020............... 0 1,000 0 5,000 27-1023............... 0 1,000 0 5,000 Any provision of sub- chapter 14 of chapter 1 of title 27........ 0 1,000 0 5,000 Any provision of sub- chapter 19 of chapter 1 of title 27........ 0 5,000 0 10,000 All other provisions of subchapters 1, 2 and 3 of chapter 1, of this title or chapter 1 of title 27, the zoning resolution and related rules and regulations. 0 500 0 5,000 * By the same respondent of the same provision of law, rule or regulation 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). __________________________________________________________________ (References to a section of the code is intended to include any rules and regulations related to such section). �3. This local law shall take effect immediately. Referred to the Committee on Housing and Building.