NYC Admin. Code § 15-202 Obstruction of fire stations.
§ 15-202 Obstruction of fire stations.
It shall be unlawful to obstruct the entrance to or exit from any fire station.
Unlawful Conduct
NYC Admin. Code tit. 15, ch. 2
in effectNYC Admin. Code § 15-203 Right of way of fire apparatus; obstructing.
§ 15-203 Right of way of fire apparatus; obstructing.
The officers and members of the department, and the officers and members of the insurance patrol respectively, with their apparatus of all kinds, when on duty, shall have the right of way at and in proceeding to any fire or other emergency in any highway, street or avenue, over any and all vehicles of any kind, except those carrying the United States mail. It shall be unlawful for any person in or upon any vehicle to refuse the right of way, or in any way obstruct any fire apparatus, or any apparatus of the insurance patrol, or any of such officers while in the performance of duty.
NYC Admin. Code § 15-204 Motor vehicles having the appearance of apparatus and vehicles of the department and fire patrol prohibited.
§ 15-204 Motor vehicles having the appearance of apparatus and vehicles of the department and fire patrol prohibited.
It shall be unlawful for any person to use or possess a motor vehicle which is designed, designated, painted, colored or provided with insignia to have the appearance or take on the form of the apparatus and vehicles of the department or fire patrol, excepting emergency vehicles of public service corporations or companies doing construction or excavation work under franchises, without an authorization in writing issued by the commissioner, in his or her discretion, and in accordance with such regulations as he or she may prescribe. Such authorization shall be valid until revoked by the commissioner, and shall not be transferable.
NYC Admin. Code § 15-205 Obstruction of fire hydrants.
§ 15-205 Obstruction of fire hydrants.
a. For the purposes of this section, the term "fire hydrant street area" means, with respect to a fire hydrant, any space that is located:
1. In a street; and
2. Between the center of such street and a line that (i) is 20 feet in length, (ii) has such hydrant at its center point and (iii) runs parallel to the curb nearest such hydrant.
b. 1. It shall be unlawful in any manner to obstruct the use of any fire hydrant, or to throw or pile, or allow any snow or ice or other material or thing to be thrown or piled (i) upon a fire hydrant, (ii) within two feet of a fire hydrant or (iii) within a fire hydrant street area. All material or things found obstructing any fire hydrant may be forthwith removed by the officers or employees of the department, at the risk, cost and expense, of the owner, lessee or tenant of the premises fronting such hydrant.
2. No newsstand may be located within ten feet from either side of a fire hydrant, except that this prohibition shall not apply to any newsstand which was first licensed by the department of consumer and worker protection before August 1, 1979, where the person who held the license for such newsstand on August 1, 1991 continues to be the licensee for such newsstand; provided, however, that where a newsstand which was first licensed before August 1, 1979 is reconstructed in its entirety or in substantial part, which reconstruction was commenced on or after August 1, 1991, such newsstand shall be subject to such prohibition.
c. All snow and ice accumulating within a space identified in paragraph 1 of subdivision b of this section shall be removed by the owner, lessee or tenant of the premises fronting such space within four hours after the snow ceases to fall, except that (i) such owner, lessee or tenant shall not be required to remove snow and ice from the fire hydrant street area or from the property of such owner, lessee or tenant and (ii) the time between 9:00 p.m. and 7:00 a.m. shall not be included in the aforementioned period of four hours.
d. Notwithstanding section 15-216, a violation or knowing violation of this section shall be punishable in the same manner as a violation of subdivision a of section 16-123, except that a knowing violation of subdivision b of this section may in addition be punishable by imprisonment not to exceed one day.
e. In addition to the department, the department of sanitation may enforce the provisions of this section.
(Am. L.L. 2016/149, 12/6/2016, eff. 3/6/2017; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080.
NYC Admin. Code § 15-206 Fire hose.
§ 15-206 Fire hose.
It shall be unlawful for the operator of any vehicle to drive over or across any hose in use, or about to be used, or while lying in the street after being used by the department. The provisions of this section shall not apply to drivers of wagons carrying the United States mail, nor to drivers of ambulances when conveying any patient or injured person to any hospital, or when proceeding to the scene of any accident by which any person or persons have been injured, nor to the operator of any vehicle directed or permitted to drive over or across any such hose by the officer of the department in command of the force operating at a fire or other emergency.
NYC Admin. Code § 15-207 Fire lines.
§ 15-207 Fire lines.
During the actual prevalence of any fire or other emergency, the officers of the police and fire departments shall remove, or cause to be removed and kept away from the vicinity of such fire or other emergency, all idle and suspicious persons, and all persons unfit to be employed, or not actually and usefully employed, in aiding the extinguishment and termination of such fire or other emergency or in the preservation of property in the vicinity thereof.
NYC Admin. Code § 15-208 Interfering with or obstructing officials, officers and members of department.
§ 15-208 Interfering with or obstructing officials, officers and members of department.
It shall be unlawful for any person to disobey the lawful orders of a department official, fire officer or firefighter or to offer resistance or interfere with the lawful activities of said officials and members while engaged in the performance of fire fighting duties or to commit any act likely to prevent a fire from being extinguished.
NYC Admin. Code § 15-211 Violations. [Repealed]
NYC Admin. Code § 15-214 False alarms.
§ 15-214 False alarms.
a. Any person who shall wilfully or designedly give, raise, create or continue a false alarm of fire, or who shall wilfully tamper, meddle or interfere with any station or signal box of any fire alarm telegraph system, or any auxiliary fire appliance, or who shall wilfully break, injure, deface or remove any such box or station, or who shall wilfully break, injure, deface or remove any of the wires, poles or other supports and appliances connected with or forming a part of any fire alarm telegraph system, shall be punished by imprisonment not exceeding one year or a fine not exceeding ten thousand dollars, or both, for each offense.
b. Aiding or abetting in giving false fire alarms. Any person aiding or abetting or assisting in the commission of any of the acts described in subdivision a of this section, shall be punished by imprisonment not exceeding one year or a fine not exceeding ten thousand dollars, or both, for each offense.
NYC Admin. Code § 15-215 Tampering with automatic sprinkler systems.
§ 15-215 Tampering with automatic sprinkler systems.
a. It shall be unlawful for any person to tamper with a system of automatic sprinklers in any building or occupancy by damaging such a system or otherwise preventing it from properly functioning.
b. It shall be unlawful for any person to tamper with a system of automatic sprinklers in any building or occupancy by causing such a system to activate or otherwise release its fire extinguishing agent when there is no fire condition or other public safety consideration requiring such activation or release.
c. Nothing contained in this section shall be construed to make unlawful any maintenance or inspection of a system of automatic sprinklers by any person acting with the authorization of the owner of the building or occupancy, when such person possesses such permits, licenses or certifications as may be required to perform such maintenance and inspection.
d. This section shall be enforceable by the department and such other agencies as the mayor may direct.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1999/010.
NYC Admin. Code § 15-216 Fines and penalties.
§ 15-216 Fines and penalties.
a. Any person who shall violate or fail to comply with any laws, rules, or regulations enforceable by the department, unless a different penalty is specifically provided, shall be guilty of a violation and upon conviction thereof shall be punished by a fine of not more than five thousand dollars for each offense. Such person shall also be subject to the payment of a civil penalty of not more than five thousand dollars which may be recovered in a civil action brought in the name of the commissioner.
b. Any person who shall knowingly violate or fail to comply with any laws, rules, or regulations enforceable by the department, unless a different penalty is specifically provided, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than ten thousand dollars or imprisonment for not more than six months or both for each offense. Such person shall also be liable for a civil penalty of not more than ten thousand dollars which may be recovered in a civil action brought in the name of the commissioner.
c. The commissioner, in his or her discretion, may pay a portion of a fine or penalty when collected, not to exceed one-half thereof, to any person giving information of any such violation.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/074.
NYC Admin. Code § 15-217 Suits and actions.
§ 15-217 Suits and actions.
The commissioner is authorized and empowered to receive and collect all license fees mentioned in this title and chapter four of title twenty-seven of the code, and may sue for, and shall have the exclusive right of recovery of any and all fees, fines and penalties imposed hereunder, together with costs. Such action may be brought in any of the courts of record of the city. The commissioner may bring any action for the enforcement of the rights and contracts of the department, and for the protection, possession and maintenance of the property under its control. All actions authorized by this title and chapter four of title twenty-seven of the code shall be brought in the name of the commissioner of the city of New York. The commissioner is authorized to settle or compromise any suit or judgment for less than the amount demanded or recovered, in case he or she is satisfied that the full amount cannot be collected. The commissioner and the corporation counsel shall pay all license fees, fines and penalties received by them pursuant to any of the provisions of this title and chapter four of title twenty-seven of the code into the general fund of the city established pursuant to section one hundred nine of the charter.
NYC Admin. Code § 15-218 Purposes of investigations.
§ 15-218 Purposes of investigations.
The commissioner, the chief and deputy chief fire marshals, the assistant fire marshals, and such other employees of the department designated by the commissioner, shall investigate, examine and inquire into the following matters:
1. The origin, detail and management of fires in the city, particularly of supposed cases of arson, incendiarism, or fires due to criminal carelessness.
2. The violation of any of the several regulations, orders, or special directions issued by the commissioner, for the purpose of discovering any delinquency in the performance of duty, or violations of discipline, on the part of any officer, agent, or employee of the department.
3. The violation, or supposed violation, of any of the provisions of this title or chapter four of title twenty-seven of the code.
NYC Admin. Code § 15-219 Compelling attendance of witnesses.
§ 15-219 Compelling attendance of witnesses.
a. Power of subpoena of commissioner.
1. The commissioner, in and about any investigation authorized by section 15-218 of this title, and touching any matter connected therewith, may subpoena and compel the attendance of any person or persons, and the production of any books, papers, archives or documents in his, her or their possession or control, which, in the judgment of the commissioner or of the chief or deputy chief fire marshal, is connected with and necessary to such investigation.
2. For such purpose, the corporation counsel, at any time, may cause subpoenas to be issued out of the supreme court, attested under the name of a justice of such court, in like form and with same effect as though issued by such justice in any action pending in a court of record, and such subpoenas may be served, and proof of service may be made, in the same manner as by law provided for the service of subpoenas out of such court. Upon proof of service of the subpoena, and proof of noncompliance therewith, or failure to attend and testify as directed therein, or failure to produce any book, paper, archive or document in the possession or control of the persons named in the subpoena, and directed to be produced therein, or failure or refusal on their part to answer any pertinent question, application may be made before any justice of the supreme court, who may thereupon cause to be arrested and punished as for a contempt of the orders of such court the person or persons named in such subpoena.
3. Any person subpoenaed under this section shall attend and testify upon such adjourned day or days and at such adjourned time and place as may be designated by the commissioner or chief or deputy chief fire marshal.
b. Power of subpoena of fire marshal.
1. A fire marshal shall have the power to issue a notice in the nature of a subpoena, in such form and subscribed in such manner as the commissioner shall prescribe, to compel the attendance of any person as a witness before such fire marshal, to testify in relation to any matter enumerated in section 15-218 of this title.
2. Upon the presentation of satisfactory proof of due service of any such notice in the nature of a subpoena upon any such witness, and of failure to obey the same, it shall be the duty of the commissioner to make an order that such witness be arrested and brought before the marshal, to testify in relation to the subject matter of the inquiry. Such order may be executed by any member of the police force or any member of the force having the power of police officers, who may arrest and bring the witness before such marshal; but such witness shall not be detained longer than is necessary to take such testimony.
c. Additional penalty for disobedience of subpoena. Any person or persons who fail to attend and testify as required by any subpoena issued under the authority of this section shall be liable to a penalty in the sum of fifty dollars.
NYC Admin. Code § 15-220 Administering oaths; taking and transmitting testimony.
§ 15-220 Administering oaths; taking and transmitting testimony.
a. The commissioner, the chief and deputy chief fire marshals, and the assistant fire marshals, in conducting any investigation authorized by section 15-218 of this title, shall have the power to administer oaths and affirmations, and any false swearing under such oath or affirmation shall be perjury.
b. The chief fire marshal, or other person conducting such investigation shall take the testimony, under oath, of all persons supposed to be cognizant of any fact, or to have means of knowledge, in relation to the subject of the investigation, and shall cause the same to be reduced to writing and verified. All such testimony, together with the report of the investigating officer setting forth his or her opinions and conclusions in respect to the matter, shall be transmitted to the commissioner. A copy of such testimony and report may be furnished, in the discretion of the commissioner, to the police department, to the district attorney of the county in which a crime is believed to have occurred, to the New York board of fire underwriters, to the owners of the property involved, and to other persons interested in the subject matter of the investigation. In all cases of supposed arson, incendiarism, or fires due to criminal carelessness, the commissioner, or officer authorized by the commissioner, shall promptly seek the cooperation of such police department and district attorney, and shall report to such attorney, without delay, all evidence, with the addresses of probable witnesses.
NYC Admin. Code § 15-220.1 False statements in certificates, forms, written statements, applications, reports or certifications of correction.
§ 15-220.1 False statements in certificates, forms, written statements, applications, reports or certifications of correction.
a. Any person who shall knowingly make a false statement or who shall knowingly falsify or allow to be falsified any certificate, form, signed statement, application, report or certification of the correction of a violation required under the provisions of any laws, rules, or regulations enforceable by the department, shall be punished by a fine of not less than one thousand dollars nor more than five thousand dollars or by imprisonment not to exceed six months, or both for each such offense.
b. Such person shall also be liable for a civil penalty of not less than one thousand dollars nor more than five thousand dollars which may be recovered in a proceeding before the environmental control board. In any such proceeding which relates to a false statement in a certification filed pursuant to section 15-230, if an inspection made within six months after the filing of the certification finds a condition constituting a violation which is the same as the condition described in the notice of violation with respect to which such certification was filed, there shall be a rebuttable presumption that the condition described in such notice of violation continued and is the same condition found in the inspection.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/074.
NYC Admin. Code § 15-221 Arrest of persons suspected of arson.
§ 15-221 Arrest of persons suspected of arson.
It shall be the duty of the chief and deputy chief fire marshals, the assistant fire marshals, or other employees authorized by the commissioner to conduct investigations, whenever they shall be of the opinion that there is sufficient evidence to charge any person with the crime of arson or attempted arson, to arrest or cause such person to be arrested and charged with such offense.
NYC Admin. Code § 15-223 Issuance of orders.
§ 15-223 Issuance of orders.
Upon finding that a violation of any law, the enforcement of which is charged upon the department, exists in any vessel, premises, ground, structure, building, or underground passage, the commissioner, the chief fire marshal, or such other member of the department designated by such commissioner, may issue a printed or written order directing the owner or occupant to alter, remedy, or remove such violation in such manner and in such reasonable time as is stated therein. Such order may authorize and direct the use of such materials and appliances as may be proper and necessary.
NYC Admin. Code § 15-223.1 Orders; penalty for noncompliance.
§ 15-223.1 Orders; penalty for noncompliance.
a. Any person who shall violate or fail to comply with an order issued by the commissioner, except an order issued pursuant to section 15-230, shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine not to exceed five thousand dollars. Such person shall also be subject to the payment of a civil penalty of not more than five thousand dollars to be recovered in a civil action brought in the name of the commissioner or in a proceeding before the environmental control board.
b. Any person who shall knowingly violate or fail to comply with any order of the commissioner, except an order issued pursuant to section 15-230, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than ten thousand dollars or imprisonment for not more than six months or both for each offense. Such person shall also be subject to a civil penalty of not more than ten thousand dollars to be recovered in a civil action brought in the name of the commissioner or in a proceeding before the environmental control board.
NYC Admin. Code § 15-224 Service of orders.
§ 15-224 Service of orders.
Orders of the department or of the commissioner shall be addressed to the owner or owners, lessees or occupants of the building, structure, enclosure, vessel, place or premises affected thereby. It shall be unnecessary to designate such owner or owners, lessees or occupants, by name in any such order, but the premises shall be designated in the address, so that the same may be readily identified. Service of any such order may be made by delivery of a copy thereof to the owner or any one of several owners, to a lessee or any one of several lessees, or to any person of suitable age and discretion in charge or apparently in charge of the premises, or if no person be found in charge of the premises then by affixing a copy of such order prominently upon the premises.
NYC Admin. Code § 15-225 Transmitting notice to owner.
§ 15-225 Transmitting notice to owner.
In case any order of the department or of the commissioner shall be served upon or given to any lessee or person in possession or charge of the building, structure, enclosure, vessel, place or premises therein described, it shall be the duty of such person to give immediate notice to the owner or agent of such building, structure, enclosure, vessel, place or premises named in the order, if the same shall be known to such person personally, and such owner or agent shall be within the limits of the city, and his or her residence known to such person; and if such owner or agent be not within the city, then by depositing a copy of such order in any post office in the city, properly enclosed and addressed to such owner or agent, at his or her then place of residence, if known, and with the postage prepaid. In case any such lessee or person in possession or charge shall neglect to give such notice as herein provided, he or she shall be personally liable to the owner or owners of such building or premises for all damages he, she or they shall sustain by reason of such neglect.
NYC Admin. Code § 15-226 Violations; order to remove.
§ 15-226 Violations; order to remove.
In case an order is not complied with within the time set forth therein, the commissioner may execute and enforce such order with employees and equipment of the department, or by the employment of such other agencies as the commissioner may direct. Nothing contained in this section, however, shall be held to authorize the commissioner to alter the construction of any building, structure, or vessel, or to supply any structural deficiency in the fire alarm, fire extinguishing, or fire escape equipment thereof. The party offending shall pay the expense of enforcing such order and, in addition thereto, shall forfeit and pay to the department the sum of fifty dollars. Where the order relates to the storage of explosive or combustible compounds or mixtures, the party offending shall pay an additional penalty of twenty-five dollars plus five dollars for each day's neglect or refusal to comply with such order.
NYC Admin. Code § 15-227 Violations; order to vacate building.
§ 15-227 Violations; order to vacate building.
a. Any building, structure, enclosure, vessel, place or premises perilous to life or property in case of fire therein or adjacent thereto, by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in its construction, or deficiencies in fire alarm, fire extinguishing or fire escape equipment, or by reason of any condition in violation of law, or order of the commissioner, is a public nuisance within the meaning of the code and the penal law. The commissioner is empowered to abate any such public nuisance.
b. In case any order to remedy a condition imminently perilous to life or property issued by the commissioner or the department is not complied with, or the commissioner certifies in writing that an emergency exists requiring such action, he or she may order and immediately cause any building or structure or part thereof (i) to be vacated; and, also, if the commissioner determines such action is necessary to the preservation of life and safety, (ii) to be sealed, secured and closed; provided, however, that the commissioner shall not order sealed, secured, and closed any dwelling unit or other space lawfully used for residential purposes. Upon the issuance of an order to seal, secure and close, no person shall have access to such premises except as authorized by the commissioner. For the purpose of this section, "sealed, secured and closed" shall mean the use of any means available to render the building, structure or part thereof inaccessible, including but not limited to the use of a padlock or cinder blocks.
c. All orders issued pursuant to this section shall be posted upon the premises. Immediately upon the posting of an order upon the premises, officers and employees of the police department, the department, and other authorized officers and employees of the city shall immediately act upon and enforce such order. The police department shall provide all reasonable assistance to the department and other authorized officers and employees necessary to carry out the provisions of this section. If an order issued pursuant to this section is not complied with within the time designated therein, the commissioner, in addition to or in lieu of any other remedy or power, may apply to the supreme court, at a special term thereof, without notice, for an order directing him or her to vacate and/or seal, secure and close such building or premises or so much thereof as he or she may deem necessary, and prohibiting and enjoining all persons from using or occupying the same for any purpose until such measures are taken as may be required by such order.
d. (i) Any order to seal, secure and close issued pursuant to item (ii) of subdivision b of this section shall contain notice of the opportunity for a hearing with respect to such order, to determine if the order was properly issued in accordance with the provisions of this section. Such hearing shall be conducted by the commissioner, or in the commissioner's discretion, by the office of administrative trials and hearings or the environmental control board. If the matter is referred to such office or board, the hearing officer shall submit his or her findings of fact and a recommended decision to the commissioner. The hearing shall be held within three business days after the receipt of the written request of an owner, lessor, lessee or mortgagee for such hearing and the commissioner shall render a decision within three business days after such hearing is concluded.
(ii) Any order issued pursuant to this section shall be served in accordance with section 15-224 of the code and, in addition, shall be mailed to the record owner of such premises and any record mortgagee of such premises at the address for such person as set forth in the recorded instrument and 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. A copy shall also be filed with the county clerk of the county in which such premises are located. Such filing shall be notice of the order to any subsequent owner and such owner shall be subject to such order.
e. An order issued pursuant to this section shall not be rescinded unless the owner, lessor, lessee or mortgagee seeking such rescission provides assurance, in a form satisfactory to the commissioner, that the conditions which caused the issuance of such order have been corrected and will not reoccur. If such order is rescinded, upon the request of the owner, lessor, lessee or mortgagee, the commissioner shall provide a certified copy of such rescission, which may be filed with the county clerk of the county in which such premises are located.
f. The commissioner shall give written notice of the closing of any building or structure or part thereof pursuant to this section, and any subsequent actions taken with respect thereto, as soon as practicable, to (i) the borough president of the borough within which the closing has occurred; (ii) the council member representing the district within which the closing has occurred; and (iii) the local community board. On January first of each year, the commissioner shall submit a report to the council, setting forth the number of closings made in the previous year, the locations of such closings, and the nature and use of the premises closed. The commissioner shall, in addition, as soon as practicable after a building, structure or part thereof has been closed, make and publish a report of said closing in a manner calculated to quickly notify the local community in which such closing occurred. The commissioner shall also make and publish a report of any premises reopened pursuant to his or her permission under this section. Failure to comply with this subdivision shall not invalidate any action taken by the commissioner pursuant to this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/023.
NYC Admin. Code § 15-227.1 Penalties for violation of order to vacate and order to seal, secure and close; access to premises.
§ 15-227.1 Penalties for violation of order to vacate and order to seal, secure and close; access to premises.
a. Any person who violates the provisions of an order to vacate issued pursuant to section 15-227 of this code shall be liable for a civil penalty of not more than twenty-five thousand dollars and an additional civil penalty of not more than one thousand dollars for each day the violation continues.
b. Except as authorized by the commissioner, any person who removes or causes to be removed the seal from any premises sealed in accordance with an order of the commissioner or his or her designee shall be guilty of a misdemeanor punishable by imprisonment for no more than one year or a fine not to exceed fifty thousand dollars, or both such fine and imprisonment. Such person shall also be subject to a civil penalty not to exceed fifty thousand dollars.
c. The commissioner shall allow access to the premises to an owner, or a lessor, lessee or mortgagee, in accordance with the terms of the parties' lease or mortgage agreement, upon the following conditions: (i) the submission of a written affirmation, satisfactory to the commissioner, that such person or persons will commence or cause to be commenced without delay all work necessary to correct the conditions stated in the vacate order or otherwise to make the premises suitable for a lawful use and will complete such work within a period of time and in a manner to be approved by the commissioner; (ii) the submission of an affirmation or other proof satisfactory to the commissioner describing the steps that have been taken and will be taken in the future to ensure that the premises will be used or operated in a lawful manner and specifying such lawful use; (iii) if a license, permit or certificate of occupancy is necessary for such lawful use, the submission of a written affirmation or other proof, satisfactory to the commissioner, describing the steps that have been taken and will be taken in the future to ensure that such premises will be used or operated in compliance with any law requiring such license, permit or certificate of occupancy; and (iv) if the premises are leased and the person making the affirmations described in items (i), (ii) and (iii) is not such lessee, the commissioner may also require any authorized person seeking access pursuant to this subdivision to submit an affirmation or other proof that proceedings to enable such person to take actions necessary to ensure compliance with the affirmations submitted by such authorized person pursuant to items (i), (ii) and (iii) have been commenced.
d. Any person who makes a material false statement in any document submitted pursuant to subdivision c of this section which statement he or she knows or has reason to know will be relied upon by the commissioner in determining whether he or she will allow access to the premises shall be liable for a civil penalty of not more than fifty thousand dollars.
e. Notwithstanding any other law, rule, or regulation, any person, corporation, partnership, association or any other legal entity who permits a building, structure or part thereof to be unlawfully occupied or used in contravention of an order of the commissioner pursuant to section 15-227, or who negligently fails to prevent or prohibit such unlawful occupancy or use, shall be liable for a civil penalty of not more than one million dollars, if any other person suffers serious physical injury, as defined in section ten of the penal law, or death in the building, structure or part thereof subject to such order, as a result of such unlawful occupancy or use. If more than one person suffers serious physical injury or death, such penalty shall be recoverable for each person suffering injury or death. Such penalty shall be recovered in a civil action brought by the corporation counsel in the name of the city in any court of competent jurisdiction. In determining the amount of the civil penalty to be imposed the court shall consider:
(i) the extent and severity of injury to persons and property caused by the violation;
(ii) the history of violations by the defendant at such premises, or any other premises, of laws, rules or regulations enforced by the department;
(iii) the degree of willfulness, recklessness, or negligence displayed by the defendant in committing the subject violation;
(iv) the defendant's financial resources; and
(v) the defendant's good faith efforts to cure the subject violation, including efforts to obtain entry to or possession of the premises in order to do so. In the event that any person seriously injured or the family of any person who has died as the result of any unlawful occupancy or use described in this subdivision is unable to collect a judgment recovered in a civil action for personal injury or wrongful death against a defendant who has violated this subdivision because of the insolvency of such defendant, the city may, in its discretion, pay to such injured person or the family of such deceased person an amount, as hereinafter provided, collected from such defendant in an action relating to the same injury or death commenced by the corporation counsel against such defendant pursuant to this subdivision. Payments pursuant to this subdivision shall be made as a matter of grace and shall be in such amounts and in accordance with such standards and procedures as shall be established by the mayor, provided, however, that any payment made pursuant to this subdivision shall be in an amount not exceeding out-of-pocket expenses, including indebtedness reasonably incurred for medical or other services necessary as a result of the injury upon which such action is based; loss of earnings or support resulting from such injury; burial expenses not exceeding two thousand five hundred dollars of a person who died as a result of such unlawful occupancy or use described in this subdivision; and the unreimbursed cost of repair or replacement of articles of essential personal property lost, damaged or destroyed as a direct result of such unlawful occupancy or use. In no event shall the payment made to any person exceed the amount of such person's uncollected judgment for personal injury or wrongful death and in no event shall the total amount paid to any number of persons with such uncollected judgments against a single defendant exceed the actual amount collected by the city from such defendant in an action under this subdivision.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/023.
NYC Admin. Code § 15-228 Expenses of enforcing orders.
§ 15-228 Expenses of enforcing orders.
The expenses attending the execution of any and all orders duly made by the department shall respectively be a several and joint personal charge against each of the owners or part owners, and each of the lessees and occupants of the building, structure, vessel, enclosure, place or premises to which such order relates, and in respect to which such expenses were incurred; and also against every person or body who was by law or contract bound to do that in regard to such building, structure, vessel, enclosure, place or premises which such order requires. Such expenses shall also be a lien on all rent and compensation due, or to grow due, for the use of any building, structure, vessel, enclosure, place or premises, or any part thereof, to which such order relates, and in respect to which such expenses were incurred.
NYC Admin. Code § 15-229 Environmental control board; civil penalties.
§ 15-229 Environmental control board; civil penalties.
a. In addition to or as an alternative to any of the remedies and penalties provided in any laws, rules, or regulations enforceable by the department, any person who shall violate or fail to comply with any such laws, rules, or regulations shall, except as otherwise specifically provided in subdivision c of section 15-230, be liable for a civil penalty which may be recovered in a proceeding before the environmental control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the board. Except as otherwise specifically provided, such civil penalty shall be determined as follows: (1) The maximum penalty for the first violation shall be one thousand dollars ($1,000); (2) the maximum penalty for the second and any subsequent violation of the same provision of law, rule or regulation shall be five thousand dollars ($5,000), provided the violation is committed by the same respondent, is for the same provision of law, rule or regulation, and occurs within eighteen months of first violation, and provided, further, that if the respondent is the owner, agent, lessee or other person in control of the premises with respect to which the violation occurred, the violation occurred at the same premises.
b. For the purposes of the multiple offense schedule, if the respondent is the owner or agent of the building or structure with respect to which the violation occurred or a lessee of the entire building or structure, the term premises shall mean the entire building or structure. If the respondent is the lessee or person in control of a part of such building or structure, the term premises shall mean that part of such building or structure leased to or under the control of the respondent.
c. Notwithstanding any other provision of this section, if the respondent is the owner or agent of the building or structure with respect to which the violation occurred or a lessee of the entire building or structure, a prior violation by the same respondent shall not serve as a predicate for purposes of the multiple offense schedule set forth in this section if the prior violation or the violation for which penalties are to be imposed occurred within an area of the building or structure which, at the time of the violation, was leased to and under the control of a person other than the respondent except that this provision shall not apply if both the prior violation and the violation for which penalties are to be imposed occurred within areas leased to and under the control of the same lessee. In any proceeding before the board, the burden of proof with respect to this exception shall be upon the respondent.
d. The commissioner may, by rule or regulation, establish a schedule of civil penalties providing a maximum penalty for the violation of each separate provision of law, rule or regulation based on the degree of seriousness of the violation. Such maximum penalties shall not exceed the maximum penalties for such violation set forth in this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/074 and L.L. 2004/033.
NYC Admin. Code § 15-230 Environmental control board proceedings; order to certify correction.
§ 15-230 Environmental control board proceedings; order to certify correction.
a. Except as otherwise provided in subdivision e of this section, whenever the commissioner serves a notice of violation such notice shall include an order which requires the respondent to correct the condition constituting the violation and to file a certification with the department that the condition has been corrected. Such order shall require that the condition be corrected within thirty days from the date that the order is issued and that certification of the correction of the condition shall be filed with the department in a manner and form and within such further period of time as shall be established by rule or regulation of the department.
b. If the board finds, upon good cause shown, that the respondent cannot correct the violation within the period specified in subdivision a, it may, with the concurrence of the commissioner, postpone the period for compliance with such order upon such terms and conditions and for such period of time as shall be appropriate under the circumstances.
c. For violations which are subject to the penalties for a first violation as set forth in section 15-229, if the respondent complies with the order issued pursuant to subdivision a of this section within the time set forth in such subdivision there shall be no civil penalty for such first violation. Such violation may however serve as a predicate for purposes of the multiple offense schedule set forth in section 15-229.
d. In any proceeding before the environmental control board, if the board finds that the commissioner has failed to prove the violation charged it shall notify the commissioner and the order requiring the respondent to correct the condition constituting the violation shall be deemed to be revoked.
e. Subdivisions a, b, c, and d of this section shall not apply to environmental control board proceedings to impose penalties for violations of sections 15-220.1, 15-223.1 and 15-231 or to impose penalties for any violation which the commissioner, in his discretion, determines to be hazardous.
NYC Admin. Code § 15-231 Civil penalty for failure to certify the correction of a violation.
§ 15-231 Civil penalty for failure to certify the correction of a violation.
a. Any person who shall fail to comply with an order of the commissioner issued pursuant to subdivision a of section 15-230 within the time specified in such subdivision or within such further period of time as may be provided by the environmental control board pursuant to subdivision b of section 15-230 shall, in addition to the penalties which may be imposed for the violation pursuant to section 15-229, be liable for a civil penalty of not more than five thousand dollars for each violation for which there has been a failure to comply with such order. Such civil penalty may be recovered in a proceeding before the environmental control board.
b. For the purposes of this section, if the environmental control board finds that a respondent has knowingly made false statements relating to the correction of a violation in a certification filed pursuant to section 15-230, such certification as to correction shall be null and void and the penalties set forth in this section may be imposed as if such false certification had not been filed with and accepted by the department.
NYC Admin. Code § 15-232 Limitations on power of commissioner to designate administrative code provisions which may be enforced by the environmental control board.
§ 15-232 Limitations on power of commissioner to designate administrative code provisions which may be enforced by the environmental control board.
Notwithstanding any other provision of law, the commissioner may not designate the following provisions of the administrative code for enforcement by the environmental control board:
(1) Section 15-208
(2) Section 15-125
(3) Subdivision a of section 15-126
(4) Section 15-214
(5) Paragraph one of subdivision b of section 15-127
(6) Subdivision c of section 15-127
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/026.
NYC Admin. Code § 15-233 Reward for information leading to arson conviction: posting notices
§ 15-233 Reward for information leading to arson conviction: posting notices
a. The city hereby offers a reward of not more than one thousand dollars per conviction to any person or persons giving information leading to the detection, arrest and conviction of any person or persons guilty of arson, attempted arson or conspiracy to commit arson, or felony murder arising in connection with arson.
b. The offer made herein subject to and limited by availability of funds appropriated therefore and shall be paid only if no other reward is paid by the city for information leading to detections, arrests and convictions arising from the same incident of arson, attempted arson, conspiracy to commit arson or felony murder arising from arson.
c. The commissioner is authorized to publish the offer made by this section by means of posters or any other appropriate medium. Subject to the approval of the corporation counsel, the commissioner may determine the form in which the offer is to be published.
d. The commissioner is authorized to place posters containing the offer made by this section on public property.
e. Subject to the conditions and limitations set forth in subdivisions a and b of this section, the commissioner, in his or her discretion, shall determine the amount payable and certify to the comptroller the name of the person or persons to whom the reward shall be made payable and the amount to be paid. If a reward is to be made payable to more than one person for the same information, the certification may specify that payment is to be made jointly to the persons so named.
f. The comptroller shall pay such reward as a claim against the city from the funds appropriated therefor by warrant to the person or persons named in such certification.
g. The offer made by this section shall not be available:
(1) to any person employed by or having auxiliary status or other membership in any police or fire department or other law enforcement agency in the state; or
(2) to any person who has obtained the information directly or indirectly from a member of any police or fire department or other law enforcement agency in the state.
(Renumbered L.L. 2023/068, 5/29/2023, eff. 6/28/2023)
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/0-0-0-245319Fetched: 10/24/2026