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Enforcement

NYC Admin. Code tit. 24, ch. 1, subch. 9
in effect

NYC Admin. Code § 24-178 Powers of the board.

§ 24-178 Powers of the board. (a) The board may, upon notice pursuant to this chapter, and after a hearing pursuant to the rules of the board: (1) Order the commissioner to seal any equipment or apparatus which causes or is maintained or operated so as to cause a violation of any provision of this code or order or rule promulgated by the commissioner or the board, except as provided in subdivision (b) of this section; (2) Order any person to cease and desist from any activity or process that causes or is conducted so as to cause, a violation of any provision of this code or any order or rule promulgated by the commissioner or the board, except as provided in subdivision (b) of this section; (3) (i) Impose a civil penalty in each instance in an amount as hereinafter set forth in the table of civil penalties against any person who violates any provision of this code or of any order or rule promulgated thereunder. TABLE OF CIVIL PENALTIES Violation Minimum Maximum 24-108 $200 $800 24-109(a)(1)-(2) $800 $3,200 24-109(a)(3)-(17) $400 $1,600 24-109(f) $400 $1,600 24-109(g) $400 $1,600 24-111 $400 $1,600 24-112 $400 $1,600 24-113 $200 $800 24-118 $1,600 $6,400 24-120 $800 $3,200 24-122 $800 $3,200 24-123(d) $800 $3,200 24-131 $200 $800 24-136 $1,000 $15,000 24-138 $1,000 $15,000 24-139 $1,600 $6,400 24-141 $400 $1,600 24-142 $400 $1,600 24-143 $200 $800 24-143.1 $200 $800 24-145 $800 $3,200 24-146(b)-(d) $400 $1,600 24-146(e)-(f) $800 $3,200 24-147 $800 $3,200 24-148 $800 $3,200 24-149 $200 $800 24-149.1 $400 $1,600 24-149.2 $400 $1,600 24-149.3 $400 $1,600 24-149.4 $800 $3,200 24-149.5 $400 $1,600 24-151 $800 $3,200 24-152 $200 $800 24-153 $800 $3,200 24-155 $400 $1,600 24-156 $400 $1,600 24-159 $200 $800 24-160 $400 $1,600 24-161 $200 $800 24-163 $350 $2,000 24-163.3, 24-163.5, 24-163.6, 24-163.7, 24-163.9 $1,000 1 $1,000 1 24-163.8 $500 $500 24-163.11 $0 $10,000 2 24-164 $400 $1,600 24-165 $0 $1,600 24-166 $0 $875 24-167 $200 $800 24-168 $2,500 $10,000 24-168.1 $2,500 $10,000 24-169 $1,600 $6,400 24-173 $1,600 $6,400 24-176 $200 $800 24-177 $200 $800 24-177.1 $400 $4,000 All other sections, subdivisions and paragraphs of this chapter $400 $1,600 1. Plus twice the amount saved by failing to comply. 2. Plus five hundred dollars per day for each day the violation is not corrected beyond sixty days from the date of an order of the commissioner or of the chairperson of the business integrity commission to correct the violation. (ii) Impose a separate penalty for each day on which a violation under this code shall have occurred. (iii) Impose an additional civil penalty, in the amount of ten per cent (10%) of the penalty originally imposed, for late payment of a penalty for each month or part thereof that the penalty payment is in arrears. In no event shall the total additional civil penalty exceed the maximum set forth in the table of civil penalties. (4) Impose a civil penalty of not less than one thousand nor more than four thousand dollars on any person who willfully breaks, or causes or permits the breaking of, a seal placed on equipment pursuant to this section. (b) The board may, upon notice pursuant to section 24-180 of this code, order any person to: (1) Cease and desist from the installation or alteration of equipment or apparatus, without a permit as required by section 24-120 of this code; (2) Cease and desist from the operation of any equipment or apparatus without a certificate and the board may also order the commissioner to seal any such equipment or apparatus; (3) Cease and desist from the spraying of insulating material on, or the demolition of, any building or structure which does not conform to the requirements of section 24-109 or 24-146 of this code or any rule promulgated thereunder. The board may also order the commissioner to seal any equipment used therefor. (c) The board may order the commissioner to install any apparatus or to clean, repair, or alter any equipment or apparatus which causes or is maintained or operated so as to cause a violation of an order issued pursuant to paragraph two of subdivision (a) of this section, where such installation, cleaning, repairing, or alteration can reasonably be expected to correct such a violation. Any work required under such an order may be executed by the commissioner through the officers, agents or contractors of the department. The department shall be reimbursed promptly for all costs and expenses of such work by the owner of the equipment or apparatus to which the order relates and in respect to which such expenses were incurred. Such expenses may be recovered in a civil action brought in the name of the commissioner. (d) If an order of the board issued pursuant to subdivisions (a) and (b) of this section provides for a period of time during which a person subject to the order is permitted to correct a violation, the board may require the respondent to post a performance bond or other security with the department in a form and amount sufficient to assure the correction of such violation within the prescribed time. In the event of a failure to meet the schedule prescribed by the board, the sum named in the bond or other security shall be forfeited and shall be paid to the commissioner. (e) The board may order any person to cease and desist from an activity which it reasonably believes causes an emission of an air contaminant which creates an imminent peril to the public health. Such order shall be effective upon service thereof. Any party affected by such an order may request a hearing on written notice, and he or she shall be afforded a hearing, within twenty-four hours after service of such request, pursuant to the rules of the board. If such an accelerated hearing is not requested, then a hearing shall be afforded within ten days of the issuance of the order. The board shall issue its final decision and order thereon within three days from the conclusion of a hearing held pursuant to this subdivision. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016; Am. L.L. 2018/058, 1/19/2018, eff. 2/18/2018; Am. L.L. 2021/154, 12/22/2021, eff. 12/22/2021; Am. L.L. 2023/032, 3/6/2023, eff. 3/6/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2003/077, L.L. 2005/041, L.L. 2009/037, L.L. 2010/043, L.L. 2013/153, L.L. 2021/154, and L.L. 2023/032.

NYC Admin. Code § 24-180 Notice of violation.

§ 24-180 Notice of violation. (a) Notice, required by this subchapter, shall be given by issuance of a notice of violation. (b) Whenever the commissioner has reasonable cause to believe that a violation of any provision of this code or any order or rule promulgated thereunder may exist, he or she may cause to have a notice of violation issued and served on: (1) The person in violation; or (2) An owner of the equipment in violation. (c) A notice of violation shall include the information specified in the rules of the board. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-182 Citizen's complaint.

§ 24-182 Citizen's complaint. (a) Any natural person, other than personnel of the department and other employees of the city of New York authorized by law to serve summonses for violations of the code, may serve upon the department a complaint, in a form prescribed by the department, alleging that a person has violated any provision of this code or order or regulation promulgated by the commissioner or the board, except with respect to sections 24-143 and 24-163 of this code, but still applicable to buses as defined in section one hundred four of the vehicle and traffic law and trucks as defined in section one hundred fifty eight of the vehicle and traffic law, together with evidence of such violation. With respect to section 24-142 of this code, only such person who has been certified as a smoke watcher, by passing a course of smoke observation approved by the department within three years prior to the observation, may serve such complaint. (b) A person who has served a complaint pursuant to subdivision (a) of this section may serve upon the person allegedly in violation, and file with the office of administrative trials and hearings pursuant to section 1049-a of the charter, a notice of violation in a form prescribed by such office within forty-five days from service of such complaint if: (1) The department has failed to serve a notice of violation, pursuant to the rules of the environmental control board within the office of administrative trials and hearings, for the violation alleged in a complaint pursuant to subdivision (a) of this section; or (2) The department fails to serve a written notice upon the complainant of its determination that his or her complaint is frivolous or duplicitous. (c) A person commencing a proceeding pursuant to this section shall provide notice to the department at the time of commencement and prosecute such proceeding at his or her own expense. The department may intervene in such a proceeding at any time. (d) In any proceeding brought by the department after receiving a complaint, pursuant to subdivision (a) of this section, the office of administrative trials and hearings pursuant to section 1049-a of the charter shall award the complainant, out of the proceeds collected, twenty-five percent of such proceeds, for disclosure of information or evidence, not in the possession of the department prior to the receipt of the complaint by the department, which leads to the imposition of the civil penalty. (e) In any proceeding brought by a complainant pursuant to subdivision (a) of this section, such office shall award, out of the proceeds collected, fifty percent of any civil penalty as fair and reasonable compensation to such person. (f) On or before January 1, 2019, the department shall publish on the city's website information related to best practices for filing citizen complaints pursuant to this section. Such information shall include but need not be limited to guidance on procedures for filing such complaints and for gathering supporting documentation. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016; Am. L.L. 2018/058, 1/19/2018, eff. 2/18/2018)

NYC Admin. Code § 24-183 Adjudication, settlement and settlement by stipulation.

§ 24-183 Adjudication, settlement and settlement by stipulation. The adjudication, settlement or settlement by stipulation of any notice of violation issued pursuant to this subchapter shall be in accordance with section 1049-a of the New York city charter and the applicable rules of the board. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-188 Compliance with board decisions; orders and civil penalties. [Repealed] (Repealed L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-189 Procedural rules.

§ 24-189 Procedural rules. The board shall have authority from time to time to make, amend, and rescind such procedural rules as may be necessary to carry out the provisions of this subchapter.

NYC Admin. Code § 24-190 Criminal penalties; fines and imprisonment.

§ 24-190 Criminal penalties; fines and imprisonment. (a) Any person who shall knowingly make a false statement or who shall knowingly falsify or allow to be falsified any certification, registration, form, signed statement, application or report required under the provisions of this code or regulation promulgated by the commissioner or the board shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or by imprisonment not to exceed five months, or both. (b) Any person, other than a corporation, who violates any order of the commissioner or the board or any provision of section 24-120, 24-122 or 24-146 of this code or who illegally breaks a seal on equipment, upon conviction shall be punished for each offense by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not more than thirty days or by both. Any corporation which violates any order of the commissioner or the board or any provision of section 24-120, 24-122 or 24-146 of this code, or which illegally causes a seal to be broken, upon conviction shall be punished for each offense by a fine of not less than one hundred dollars nor more than two thousand dollars. Every day during which such violation occurs constitutes a separate offense. (c) The failure of any shipper or recipient to keep on file the fuel information tickets as required by section 24-177 of this code shall be deemed a separate and distinct violation as to each such ticket, and upon conviction thereof he or she shall be punished for each offense by a fine of not less than fifty dollars nor more than one hundred dollars, or by imprisonment for not more than thirty days, or by both such fine and imprisonment. (d) Any shipment or delivery of fuel except in the manner provided for in this code shall be deemed a separate and distinct violation as to each such shipment or delivery and upon conviction thereof the shipper shall be punished for each offense by a fine of not less than fifty dollars nor more than two hundred dollars, or by imprisonment for not more than thirty days, or by both fine and imprisonment. (e) Any shipper or recipient of fuel who shall in any manner misrepresent any of the information required to be contained in the fuel information ticket shall be guilty of a violation of this code and upon conviction thereof shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars, or by imprisonment for not more than sixty days or by both such fine and imprisonment. (f) Any person convicted of violating any of the provisions of this code or any regulation of the board not otherwise provided for by this section shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for twenty days or both for the first offense, and by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment for not more than thirty days or both for a second offense, and by a fine of not less than four hundred dollars nor more than five thousand dollars or by imprisonment for not more than four months or both for a third or subsequent offense. (g) Twenty-five percent of any fine that is imposed pursuant to this section, may be paid to the person or persons giving information which shall lead to conviction. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-136124Fetched: 10/24/2026

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