Int 0549-2007

Be it enacted by the Council as follows: Section 1. Subdivision 9 of section 16-118 of the administrative code of the city of New York, is amended to read as follows: 9. a. Any person violating the provisions of this section shall be liable for a civil penalty of not [less] more than fifty dollars [nor more than two hundred fifty dollars], except that for a second violation of subdivision one, three, four, or six of this section within any twelve-month period, such person shall be liable for a civil penalty of not less than two hundred fifty dollars nor more than three hundred fifty dollars and for a third or subsequent violation of subdivision one, three, four or six of this section within any twelve-month period such person shall be liable for a civil penalty of not less than three hundred fifty dollars nor more than four hundred fifty dollars. b. Any person who is receiving a senior citizen homeowners’ exemption pursuant to section 11-245.3 of this code or a disabled homeowners’ exemption pursuant to section 11-245.4 of this code from the department of finance for the year in which a civil penalty is imposed, shall only be liable for fifty percent of any civil penalty imposed as a result of a violation of this section. The person presiding over the adjudicatory proceeding at which a civil penalty is imposed shall determine if such person qualifies for a reduced penalty. §2. Subdivision f of section 16-120 of the administrative code of the city of New York, is amended to read as follows: f. Any person violating the provisions of this section shall be liable for a civil penalty of not [less] more than [twenty-five nor more than one hundred] fifty dollars for the first violation, except that for a second violation of this section within any twelve-month period such person shall be liable for a civil penalty of not [less] more than [one hundred dollars nor more than two hundred] seventy-five dollars and for a third or subsequent violation within any twelve-month period such person shall be liable for a civil penalty of not [less] more than [two hundred] one hundred dollars [nor more than three hundred dollars]. Any person who is receiving a senior citizen homeowners’ exemption pursuant to section 11-245.3 of this code or a disabled homeowners’ exemption pursuant to section 11-245.4 of this code from the department of finance for the year in which a civil penalty is imposed, shall only be liable for fifty percent of any civil penalty imposed as a result of a violation of this section. The person presiding over the adjudicatory proceeding at which a civil penalty is imposed shall determine if such person qualifies for a reduced penalty. §3. Subdivision h of section 16-123 of the administrative code of the city of New York, is amended to read as follows: h. Any person violating the provisions of subdivisions (a) or (b) of this section shall be liable and responsible for a civil penalty of not less than ten dollars nor more than one hundred fifty dollars for the first violation, except that for a second violation of section subdivision of (a) or (b) within any twelve-month period such person shall be liable for a civil penalty of not less than one hundred fifty dollars nor more than two hundred fifty dollars and for a third or subsequent violation of subdivision (a) or (b) within any twelve-month period such person shall be liable for a civil penalty of not less than two hundred fifty dollars nor more than three hundred fifty dollars. Any person who is receiving a senior citizen homeowners’ exemption pursuant to section 11-245.3 of this code or a disabled homeowners’ exemption pursuant to section 11-245.4 of this code from the department of finance for the year in which a civil penalty is imposed, shall only be liable for fifty percent of any civil penalty imposed as a result of a violation of this section. The person presiding over the adjudicatory proceeding at which a civil penalty is imposed shall determine if such person qualifies for a reduced penalty. §4. This local law shall take effect thirty days after enactment. LS# 2450&2451 CJC -2/12/07