Failure to Certify Correction of Certain Immediately Hazardous Violations

NYC Admin. Code tit. 28, ch. 2, art. 219

in effect

NYC Admin. Code § 28-219.1 Department penalty for failure to certify correction.

§ 28-219.1 Department penalty for failure to certify correction. In addition to any penalties otherwise authorized by law pursuant to article 202 and the rules of the department, whenever any person fails to submit a certification of correction of an immediately hazardous violation issued with respect to an immediately hazardous condition at a construction site that poses a threat of imminent danger to public safety or property, as required by an order issued pursuant to section 28-204.2, a penalty shall be paid to the department by the owner of the property in the amount of no more than $5,000. No permit or certificate of occupancy shall be issued and no stop work order may be rescinded at the property named in the order until such penalty is paid to the department. Failure to pay such penalty shall not prevent the issuance of a permit for work to be performed pursuant to articles 215 or 216. In addition, even if the immediately hazardous violation is subsequently corrected, no certificate of correction shall be accepted for the violation giving rise to this civil penalty until such penalty has been paid to the department. Exception: Department penalties for failure to certify correction shall not apply to one- to four-family homes. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2022/050, 1/15/2022, eff. 5/15/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2014/051 and L.L. 2021/126.

NYC Admin. Code § 28-219.2 Re-inspection.

§ 28-219.2 Re-inspection. Where an immediately hazardous condition at a construction site has been identified as posing a threat of imminent danger to public safety or property and a violation has been issued, the commissioner shall re-inspect the condition that gave rise to the violation within 60 days of the date of the notice of a violation, unless: 1. An acceptable certification of the correction of the condition has been filed in the manner and form prescribed by the department; 2. The person to whom the violation has been directed has obtained an extension of time for filing the certificate of correction of the violation from the commissioner in accordance with section 28-204.4 and with any applicable rules of the department, and said extension of time to file has not yet expired; 3. The condition has been corrected in the presence of the commissioner. Exception: One- to four-family homes shall not be subject to the re-inspection requirement of this section for the same condition that gave rise to the notice of violation, provided that this exception shall not be construed to limit the power of the commissioner to inspect such home for any other non-compliant condition or to issue a violation for such other non-compliant condition. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2022/050, 1/15/2022, eff. 5/15/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2014/051 and L.L. 2021/126.

NYC Admin. Code § 28-219.2.1 Continued noncompliance.

§ 28-219.2.1 Continued noncompliance. If, upon reinspection, the commissioner determines the condition continues to pose a threat of imminent danger to public safety or property, and the person against whom the initial violation was directed is not in compliance with section 28-204.4, the commissioner shall issue an appropriate violation and shall issue a stop-work order, pursuant to section 28-207.2, where appropriate, or the commissioner shall, if the commissioner is unable to obtain access to the premises, request the corporation counsel to institute legal proceedings to compel correction of the violation and abate the condition or take such other action as is appropriate. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2014/051 and L.L. 2021/126.

NYC Admin. Code § 28-219.2.2 Inspections by the commissioner.

§ 28-219.2.2 Inspections by the commissioner. The commissioner shall continue to reinspect any condition that has given rise to an immediately hazardous violation that poses a threat of imminent danger to public safety or property every 60 days, and shall follow the procedures described in items 1, 2 and 3 of section 28-219.2 until the condition has been found by inspection or certification to be corrected or abated. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2014/051 and L.L. 2021/126.

NYC Admin. Code § 28-219.3 False certifications of correction.

§ 28-219.3 False certifications of correction. It shall be unlawful to prepare, file or offer for filing a certification of correction of an immediately hazardous condition, knowing that such certification contains a false statement or false information. Any person who prepares such a certificate shall be subject to prosecution under section 175.05 or 175.10 of the New York state penal law. Any person who files such a certificate or offers such a certificate for filing shall be subject to prosecution under section 175.30 or 175.35 of the New York state penal law. Nothing in this section shall be construed to limit, alter or affect the authority conferred by any other provision of this chapter or other law to bring criminal, civil or administrative actions or proceedings or other remedies for the preparation, filing or offering for filing of a certification of correction of an immediately hazardous condition containing a false statement or false information. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2014/051 and L.L. 2021/126.

NYC Admin. Code § 28-219.4 Notice to the department of housing preservation and development for certain elevator-related violations.

§ 28-219.4 Notice to the department of housing preservation and development for certain elevator-related violations. If, upon re-inspection of an immediately hazardous violation relating to an elevator that services one or more dwelling units in a multiple dwelling, the department determines that such owner has failed to correct the condition constituting such violation then the commissioner shall refer such violation, within one week of such re-inspection, to the commissioner of housing preservation and development for a determination as to whether such violation is dangerous to human life and safety or detrimental to health pursuant to section 27-2125 of the New York city housing maintenance code. If the department knows or has reason to believe that any such unit is not served by another operable elevator, the department shall include such information and any other relevant information in such referral. The department may continue enforcement action against the owner of the multiple dwelling after referral of such violation to the commissioner of housing preservation and development. Where the owner begins to take corrective action, the department shall notify the commissioner of housing preservation and development of such efforts. The department shall notify an owner of the referral of any such violation to the commissioner of housing preservation and development for action under this section. Exceptions: 1. Elevators located in owner-occupied multiple dwellings that service only the owner-occupied dwelling unit provided that such unit is not occupied by boarders, roomers, or lodgers. 2. Elevators located within convents and rectories that are not open to non-occupants on a regular basis. (L.L. 2015/101, 11/4/2015, eff. 7/1/2016; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-219.5 Definition.

§ 28-219.5 Definition. For the purposes of this article, the term "construction site" shall mean a building or site with a permit issued by the department to perform construction work. (L.L. 2022/050, 1/15/2022, eff. 5/15/2022)

NYC Admin. Code § 28-219.6 Other remedies not precluded.

§ 28-219.6 Other remedies not precluded. Nothing in this article shall be construed to limit the power of the commissioner to take any other action authorized by this code with respect to any unlawful use or condition. (L.L. 2022/050, 1/15/2022, eff. 5/15/2022)

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/0-0-0-157941Fetched: 10/24/2026