A Local Law to amend the administrative code of the city of New York, in relation to penalties for violations of site safety provisions of the construction codes

Int. No. 1404-A

By Council Members Williams, Richards, Chin, Rosenthal, Reynoso, Crowley, Levin, Rose, Espinal, Menchaca, Cornegy, Kallos, Dromm and Salamanca (by the request of the Manhattan Borough President)

A Local Law to amend the administrative code of the city of New York, in relation to penalties for violations of site safety provisions of the construction codes

Be it enacted by the Council as follows:

Section 1. Section 28-202.1 of the administrative code of the city of New York, as amended by local law number 94 for the year 2017, is amended to read as follows:

§ 28-202.1 Civil penalties. Except as otherwise specified in this code or other law, violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be punishable by civil penalties within the ranges set forth below:

1.                      For immediately hazardous violations, a civil penalty of not less than one thousand dollars nor more than $25,000 may be imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $1,000 for each day that the violation is not corrected. The commissioner may by rule establish such specified daily penalties.

2.                      For major violations, a civil penalty of not more than $10,000 may be imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 for each month that the violation is not corrected. The commissioner may by rule establish such specified monthly penalties.

3.                      For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.

Exceptions:

1.                      The owner, lessee, occupant, manager or operator of a building affected by a natural or man-made disaster, as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such building if (i) notice of such violation is issued by the department during the 90-day period immediately after such disaster or, in the case of a major natural or man-made disaster as determined by the commissioner, during the six-month period immediately after such disaster, and (ii) such violation is corrected on or before 40 days after such disaster period or such greater amount of time as determined by the commissioner for such violation. The notice of such violation shall state that such violation is subject to this exception and shall set forth the procedure and time period for correcting such violation without incurring a civil penalty. This exception shall not apply to immediately hazardous violations, violations charged as aggravated violations or violations without connection to such disaster, as determined by the department.

2.  The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject to a civil penalty for such violation if (i) such violation was connected to a natural or man-made disaster, as determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, work or acquisition through a city-operated disaster recovery program responding to such disaster.

3.   The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a violation resulting from work done by a city employee, or by a third party under contract with the city, in response to a natural or man-made disaster, provided that such violation is corrected on or before 60 days after the issuance of such violation, or such greater amount of time as determined by the commissioner for such violation. If such owner, lessee, occupant, manager or operator of a building can demonstrate to the satisfaction of the department that a city employee or third party under contract with the city has committed to correcting such violation then such violation shall be rescinded, without penalty. The notice of such violation shall state that such violation is subject to this exception and shall set forth the procedure and time period for correcting such violation without incurring a civil penalty. This exception shall not apply to immediately hazardous violations or violations charged as aggravated violations.

4.  The minimum civil penalty for a violation of section 28-408.1 or section 28-410.1 of this code shall be $2,500 for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed pursuant to item 1 of this section.

5.  For a violation of section 28-210.1:

5.1. Unless exception 5.2 applies, the minimum civil penalty for a violation of section 28-210.1 in any building involving the illegal conversion, maintenance or occupancy of three or more dwelling units above the number of dwelling units that is legally authorized by the certificate of occupancy or if no certificate of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the number that is legally authorized by the certificate of occupancy or if no certificate of occupancy is required as evidenced by official records shall constitute a separate offense that shall be charged separately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for multiple violations of this exception may be based on the same evidence; and

5.2. The owner of a building shall not be subject to a civil penalty for a violation of section 28-210.1 in such building if such owner can show the following:

5.2.1. Such violation was the first such violation issued for such building or was issued within 30 days after such first violation;

5.2.2. At the time such violation was issued or, if such violation was issued within 30 days after such first violation was issued, the time such first violation was issued, a registration for such building has been properly filed with the department of housing preservation and development in accordance with article two of subchapter 4 of the housing maintenance code; and

5.2.3. At the time such violation was issued or, if such violation was issued within 30 days after such first violation was issued, the time such first violation was issued, such owner reasonably did not know of, or could not reasonably have known of such illegal conversion, the maintenance thereof or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.

6.                     For violations of article 110 of this chapter or chapter 33 of the New York city building code:

6.1. The minimum civil penalty for an immediately hazardous violation of such article or chapter shall be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; and

6.2. The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in addition to any separate monthly penalty imposed pursuant to item 2 of this section.

§ 2. Section 28-203.1 of the administrative code of the city of New York, as amended by local law number 141 for the year 2013, is amended to read as follows:

§28-203.1 Criminal fines and imprisonment. Except as otherwise specified in this code or other law, violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be punishable by criminal fines and imprisonment within the ranges set forth below:

1.                     Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misdemeanor punishable by (i) a fine of not more than [twenty-five thousand dollars] $25,000.

2.                     Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner or the code as a major violation shall be guilty of a violation punishable by a fine of not more than [ten thousand dollars] $10,000, or imprisonment for not more than 15 days or both such fine and imprisonment.

3.                     Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner or the code as a lesser violation shall be guilty of a violation punishable by a fine of not more than [five hundred dollars] $500.

Exceptions:

1.                     The owner, lessee, occupant, manager or operator of a building affected by a natural or man-made disaster, as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of such violation was issued during the 90-day-period immediately after such disaster or, in the case of a major natural or man-made disaster as determined by the commissioner, during the six-month period immediately after such disaster. This exception shall not apply to immediately hazardous violations, violations charged as aggravated violations or violations without connection to such disaster.

2.                     The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or man-made disaster, as determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, work or acquisition through a city operated disaster recovery program responding to such disaster.

3.                     The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment for a violation resulting from work done by a city employee or third party under contract with the city, in response to a natural or man-made disaster. This exception shall not apply to immediately hazardous violations or violations charged as aggravated violations.

4.  The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of the New York city building code shall be $2,000.

5.                      The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city building code shall be $1,000.

                     § 3. This local law takes effect 120 days after it becomes law, except that the commissioner of buildings may take such measures as are necessary for its implementation, including the promulgation of rules, before its effective date.

MPC/GP

LS 7040

9/6/17 10:43 AM