Enforcement

NYC Admin. Code tit. 24, ch. 2, subch. 8

in effect

NYC Admin. Code § 24-257 Powers of the board.

§ 24-257 Powers of the board. (a) The board, in addition to other duties assigned to it by law, shall have the power to conduct hearings pursuant to this subchapter and, by the issuance of a subpoena, compel the attendance of witnesses and the production of any books, papers or other things relating to the matter under investigation. (b) The board may, upon notice pursuant to section 24-259 of this code, and after a hearing pursuant to section 24-263 of this code, or in default thereof pursuant to section 24-264 of this code: (1) Order the commissioner to revoke or suspend a certificate or tunneling permit issued pursuant to this code for any device or activity where such device or activity causes, or is maintained or operated so as to cause a violation of any provision of this code or order or regulation promulgated by the commissioner or the board; (2) Order the owner of any device which causes or is maintained or operated so as to cause a violation of any provision of this code or any order or regulation promulgated by the commissioner or the board, to install any apparatus which can reasonably be expected to correct the violation, or to repair, properly maintain, replace or alter such device in a manner which can reasonably be expected to correct the violation; (3) Seal any device which causes or is maintained or operated so as to cause a violation of any provision of this code or order or regulation promulgated by the commissioner or the board, except as provided in subdivision (c) of this section; (4) Order any person to cease and desist from any activity which causes or is conducted so as to cause a violation of any provision of this code or any order or regulation promulgated by the commissioner or the board, except as provided in subdivision (c) of this section; (5) Impose a civil penalty in each instance in an amount as set out in table I against any person who violates a provision of this code, or of any order, rule or regulation promulgated by the commissioner or the board. Table I Civil Penalties Violations related to section and subdivision First Violation Second Violation* Third and Subsequent Violations* Maximum Minimum Maximum Minimum Maximum Minimum 24-216(d) 2,625 650 5,250 1,300 7,875 1,950 24-218(a) 150 75 250 150 500 350 24-218(a-1) 350 350 700 700 1,050 1,050 24-218(e) 1,000 350 2,000 700 3,000 1,050 24-218.1 50 50 50 50 50 50 24-220 1,400 440 2,800 880 4,200 1,320 24-222 3,500 875 7,000 1,750 10,500 2,625 24-223 3,500 875 7,000 1,750 10,500 2,625 24-224 3,500 875 7,000 1,750 10,500 2,625 24-225 1,400 440 2,800 880 4,200 1,320 24-226 1,400 440 2,800 880 4,200 1,320 24-227 220 220 440 440 660 660 24-228 1,400 440 2,800 880 4,200 1,320 24-229 1,400 440 2,800 880 4,200 1,320 24-230 1,400 440 2,800 880 4,200 1,320 24-231(a) 2,000 2,000 4,000 4,000 6,000 6,000 24-231(d) 560 560 1,120 1,120 1,680 1,680 24-232 440 440 880 880 1,320 1,320 24-233(a) 175 50 350 100 525 150 24-233(b)(1) 175 50 350 100 525 150 24-233(b)(2) 350 100 700 200 1,050 300 24-234 175 50 350 100 525 150 24-235 175 50 350 100 525 150 24-236(a) 525 150 1,050 300 1,575 450 24-236(b)(c)(d) 1,440 440 2,800 880 4,200 1,320 24-237(a) 1,000 150 2,000 300 3,000 450 24-237(b) 875 220 1,750 440 2,625 660 24-237(c) 350 350 700 700 1,050 1,050 24-238(a) 220 220 440 440 660 660 24-238(b) 875 220 1,750 440 2,625 660 24-239(b) 350 100 700 200 1,050 300 24-241 1,400 440 2,800 880 4,200 1,320 24-242 220 220 440 440 660 660 24-244(a) 1,750 440 3,500 880 5,250 1,320 24-244(b) 440 440 880 880 1,320 1,320 24-245 2,625 660 5,250 1,320 7,875 1,980 All remaining sections and subdivisions 875 220 1,750 440 2,625 660 * By the same respondent of the same provision of law, order, rule or regulation and, if the respondent is the owner, agent, lessee or other person in control of the premises with respect to which the violation occurred, at the same premises (all violations committed within two years). Each day during which such violation continues shall constitute a separate violation. The board may remit, in whole or in part, such a civil penalty if, at the conclusion of the hearing or at the time of the board determination under section 24-266 of this code, the respondent is no longer in violation of a provision of this code, or of any order, rule or regulation promulgated by the commissioner or the board; (6) Impose a civil penalty of not more than two hundred fifty dollars on any owner of a device for each day such equipment is sealed pursuant to this section; (7) 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 a device pursuant to this section. (8) Impose an additional civil penalty in the amount of twenty-five percent of that which would otherwise be imposed for each twelve decibels by which the sound or noise level measured exceeds the maximum sound level as contained in subchapters five and six of this chapter. (9) Impose an additional civil penalty in the amount of ten percent of the penalty originally imposed, for late payment of 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, or as modified pursuant to paragraph eight of this subdivision or paragraph ten of this subdivision, or both. (10) Order any person to be classified as a persistent violator if such person is found to be in violation of this code and has also on one or more prior occasions within the preceding five years been found to be in violation of this code, where such repeated violations evidence substantial disregard thereof. If a person is classified as a persistent violator, the board shall in each instance double the amount of the penalty which it would otherwise impose pursuant to paragraph five of this subdivision. Such double penalties shall be imposed for violations which the board finds a person committed pursuant to the same proceeding at which it classified such person as a persistent violator and for all violations committed within two years immediately following such classification, after which such classification shall terminate. However, if at the end of such two year period such person is still in violation of this code because of a failure to take or complete a corrective action as required by the board, such classification shall continue until such time as such person is no longer in violation of this code because of such failure, at which time such classification shall cease. Thereafter, the board may again classify such person as a persistent violator, on the same basis it used originally. (c) The board may, upon notice pursuant to section 24-259 of this code: (1) order any person to cease and desist from the operation of any listed device without a certificate as required by section 24-245 of this code and the board may also seal such device; (2) order any person to cease and desist from tunneling without a tunneling permit as required by section 24-245 of this code and the board may also seal any device used in such tunneling; (3) order any person not in possession of an after hours work authorization issued pursuant to section 24-223 of this code to cease and desist from construction activities other than during the permissible hours specified in section 24-222 of this code and the board may also seal any device used in such construction activities; (4) order any person to cease and desist from the operation of a device without registration required by section 24-208 of this code and the board may also seal such device. (d) The board may order the commissioner to install any apparatus or to repair or alter any device 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 (b) of this section, where such 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 device 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. (e) If an order of the board issued pursuant to subdivisions (b) and (c) 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. (f) (1) The board may order any person to cease and desist from an activity which it reasonably believes causes unreasonable noise which creates imminent peril to the public health and well being, or to cease and desist from an activity which it reasonably believes constitutes a willful or continued violation of any provision of this code or order or regulation, promulgated by the commissioner or board. 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 section 24-263 of this code. 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. (g) Notwithstanding the penalty amounts set forth in Table I in paragraph (5) of subdivision (b) of this section, the department may set default penalties that shall not exceed 400 percent of the penalty amount set by rule by the department for a violation of this chapter, except that the default penalty imposed pursuant to subdivision (b) of this section for a violation of subdivision (a) of section 24-218, as set forth in section 47-02 of title 15 of the rules of the city of New York or any successor provision, shall not exceed 150 percent of the scheduled penalty set forth therein. (h) (1) Notwithstanding table I in paragraph 5 of subdivision (b) of this section, a cure period is available for a first violation of subdivision (e) of section 24-218 as set forth in such subdivision, a first violation of section 24-227 as set forth in subdivision (d) of such section, a first violation of section 24-231 as set forth in paragraph (1) of subdivision (b) of such section and a first violation of section 24-232 as set forth in subdivision (g) of such section. (2) Notwithstanding table I in paragraph 5 of subdivision (b) of this section, an owner, operator, manager or other person having control of any place of public performance shall be subject to a civil penalty of $0 for a first violation of subdivision d of section 24-218.1. The notice of violation for such first violation shall inform such owner, operator, manager or other person of the provision of law or rule that the department believes such owner, operator, manager or other person has violated, describe the condition or activity that is the basis for the notice of violation, advise such owner, operator, manager or other person that the law authorizes civil penalties for such violation and that subsequent violations may result in the imposition of such civil penalties. For a second, third or subsequent violation of subdivision d of section 24-218.1 or any rules promulgated pursuant thereto, such owner, operator, manager or other person shall be liable for a civil penalty in the amount prescribed for such violation in table I of paragraph 5 of subdivision (b) of this section. (Am. L.L. 2016/072, 6/13/2016, eff. 3/13/2017; Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021; Am. L.L. 2023/151, 11/17/2023, eff. 11/17/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/084, L.L. 2005/113, L.L. 2013/153, L.L. 2016/072, and L.L. 2021/080.

NYC Admin. Code § 24-258 The board.

§ 24-258 The board. (a) The board shall be convened by the chairperson or in the chairperson's absence the assistant commissioner of environmental compliance, or at the request of any three members thereof. (b) If a member of the board has presided over the initial hearing, he or she shall not be disqualified from reviewing the hearing. (c) Five members of the board, at least two of who shall not be city officials, shall constitute a quorum. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113.

NYC Admin. Code § 24-259 Notice of violation.

§ 24-259 Notice of violation. (a) Notice, required by this chapter, 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 regulation promulgated by the commissioner or the board 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 with an equity interest in the device in violation, if any; or (3) If an owner with an equity interest in the device in violation cannot be located with due diligence, any other owner of said device. (c) A notice of violation shall: (1) Specify the section or sections of this code, order, or regulation that such person or device is in violation of; and (2) Indicate the amount of the civil penalty that such person is subject to; and (3) Contain a brief statement of the nature of the violation; and (4) Require a written response that conforms to section 24-260 of this code; and (5) Require such person or owner of a device, unless a hearing is not required by section 24-257 of this code, to answer the allegations in the notice of violation at a time and place designated either in or with the notice of violation or in a subsequent notice to such person or owner.

NYC Admin. Code § 24-260 Written response.

§ 24-260 Written response. (a) A written response in a form prescribed by the board shall be served upon the department and filed with the board within five days of receipt of the notice of violation. (b) If the allegation in the notice of violation is one for which a hearing is not required by section 24-257 of this code, and is contested, then the respondent must either: (1) Include a copy of any tunneling permit or certificate that the respondent asserts was issued by the department; or (2) Deny that such tunneling permit or certificate is required by law. (c) If any of the allegations in the notice of violation are those for which a hearing is required by section 24-257 of this code, and are contested, the written response shall contain a concise statement of the facts constituting each ground of defense. (d) If allegations in the notice of violation are admitted the written response of the respondent shall consist of: (1) A statement that he or she admits all of the material allegations to be true; and (2) A statement of any attempts subsequent to service of the notice of violation to comply with this code or with the order or regulation. (e) Failure of the respondent to serve a written response within the time provided shall be deemed to constitute a waiver of his or her right to appear and contest the allegations in the notice.

NYC Admin. Code § 24-261 Citizen's complaint.

§ 24-261 Citizen's complaint. (a) Any person other than personnel of the department and employees of the city of New York authorized by law to serve summonses for violation of the code may serve upon the department a complaint in a form prescribed by the commissioner alleging that a person has violated a provision of this code set forth in table VI, below, or an order or regulation promulgated under such provision together with evidence of such violation. TABLE VI Violation related to section or subdivision and order or regulation thereunder 24-208 24-216 24-220 (b) 24-224 24-232, except that the provisions of this section 24-261 shall apply only to violations by persons operating motor vehicles listed in subdivisions one and two of column I, and subdivisions one and two of column II of Table 1. 24-234 24-236 24-237, except that the provisions of this section 24-261 shall apply only to a violation by a person operating a circulation device with a rated capacity in excess of fifty thousand British thermal units per hour or its equivalent. 24-238 24-240 24-241 24-244 24-245 (b) A person who has served a complaint pursuant to subdivision (a) of this section may serve upon the person allegedly in violation and upon the board a notice of violation in a form prescribed by the board, if within thirty days from service of such complaint: (1) The department has failed to serve a notice of violation, pursuant to section 24-259 of this code, 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 before the board pursuant to this section, shall 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 board shall award the complainant, out of the proceeds collected, fair and reasonable compensation, which shall not exceed 25 percent of the proceeds collected, for disclosure of information or evidence not in the possession of the department, which leads to the imposition of the civil penalty; provided that for any proceeding brought by the department after receiving a complaint pursuant to subdivision (a) of this section alleging a violation of subdivision (b) of section 24-244, the board shall award the complainant, out of the proceeds collected, compensation in the amount of $5. (e) In any proceeding brought by a complainant, the board shall award, out of the proceeds collected, 50 percent of any civil penalty as fair and reasonable compensation to such person; provided that for any proceeding brought by a complainant alleging a violation of subdivision (b) of section 24-244, the board shall award, out of the proceeds collected, compensation in the amount of $10 to such person. (Am. L.L. 2024/016, 1/6/2024, eff. 1/6/2024) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/016.

NYC Admin. Code § 24-262 Settlement of proceedings.

§ 24-2§ 24-262 Settlement of proceedings. The board may settle any proceeding by stipulation and may exercise any or all of its powers under section 24-257 of this code thereby, at any time prior to the issuance of a decision pursuant to section 24-266 of this code.

NYC Admin. Code § 24-263 Hearings.

§ 24-263 Hearings. (a) The chairperson of the board shall designate a hearing officer or at least one member of the board to preside over hearings held pursuant to this subchapter. In any hearing in which a quorum of the board is present, such members shall be deemed to be sitting as the board. (b) All such hearings shall be open to the public. (c) At the request of any party to such a hearing, the board shall by the issuance of a subpoena compel the attendance of such witnesses and shall require the production of any such books, papers, or other things relating to the matter under investigation if such a request reasonably relates to such hearing. (d) Any party to a hearing may be represented by counsel, may make oral and written argument and cross-examine witnesses. All testimony taken before the board or the designated hearing officer shall be under oath and shall be recorded. The record shall be open to public inspection, and copies thereof shall be made available to any person upon payment of the actual cost of reproduction.

NYC Admin. Code § 24-264 Default; vacating a default order.

§ 24-264 Default; vacating a default order. (a) A respondent shall be in default when the respondent has: (1) Failed to serve a written response pursuant to section 24-260 of this code; or (2) Failed to appear at the designated time and place as required by the notice of violation or subsequent notice pursuant to section 24-259 or 24-261 of this code; or (3) Neglected to proceed in a manner ordered by the board. (b) Within sixty days of a decision and order of the board issued pursuant to paragraph two of subdivision (c) of section 24-266 of this subchapter, the respondent may request the board to grant a stay of such order of the board and schedule a hearing. If the respondent has shown good cause and a meritorious defense, the board may grant such a request and hold a hearing pursuant to section 24-263 of this code. At the conclusion of the hearing, the board may adopt, amend or rescind its decision and order.

NYC Admin. Code § 24-265 Hearing officer's decision.

§ 24-265 Hearing officer's decision. (a) At the conclusion of the hearing, the hearing officer or member of the board conducting the hearing shall prepare a decision stating findings of fact and conclusions, as well as reasons for his or her determination on all material issues, and making recommendations as to action which should be taken in the matter. (b) The hearing officer or member of the board conducting the hearing shall file his or her decision with the board and send copies by mail to the parties. Any party may file exceptions with the board within twenty days after service of such decision. If no exceptions have been filed within the described time, the recommendations of the hearing officer or member of the board conducting the hearing shall automatically become the decision of the board and shall constitute its findings, conclusions and order. (c) At the conclusion of a hearing conducted by the board, the board shall issue its decision and order. The decision of the board shall conform to the requirements of subdivisions (b) and (c) of section 24-266 of this code.

NYC Admin. Code § 24-266 Board decision and order.

§ 24-266 Board decision and order. (a) If any party files exceptions to the decision of the hearing officer or member of the board conducting a hearing within the prescribed time the board shall review the record and issue its decision and order in which it may adopt, modify or reject the findings, conclusions and recommendations of the hearing officer or member of the board who conducted the hearing. (b) The decision of the board shall contain findings of fact, conclusions of law and reasons for the decision on all material issues raised, and an order either dismissing the allegations of the notice of violation or sustaining them in whole or in part. (c) The board may exercise one or more of its powers pursuant to section 24-257 of this code, as it deems appropriate if: (1) The allegations in the notice of violation are sustained in whole or in part; (2) The respondent is in default under section 24-264 of this code. (d) The decision and order of the board shall be its final determination. A judicial proceeding must be commenced within two months after the service of such decision and order.

NYC Admin. Code § 24-267 Compliance with board decisions; orders and civil penalties.

§ 24-267 Compliance with board decisions; orders and civil penalties. (a) If the respondent fails or refuses to comply with the board's order, or the board otherwise deems it necessary, the corporation counsel for the city of New York, acting in the name of the city, may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any order of the board. (b) A civil penalty imposed by the board pursuant to section 24-257 of this code may be collected in an action brought in the name of the city of New York.

NYC Admin. Code § 24-268 Procedural rules.

§ 24-268 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 § 24-269 Criminal penalties.

§ 24-269 Criminal penalties. (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 24-245 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 24-245 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) Any person, other than a corporation, convicted of willful failure to pay a civil penalty imposed by the board pursuant to section 24-257 of this code shall be punished by a fine of double the amount of the civil penalty imposed by the board, or by imprisonment for not more than sixty days, or by both. Any corporation convicted of a wilful failure to pay a civil penalty imposed by the board pursuant to section 24-257 of this code shall be punished by a fine of double the amount of the civil penalty imposed by the board, but not more than two thousand dollars. (d) The failure of any person or corporation against whom an action has been brought to collect a civil penalty pursuant to subdivision (b) of section 24-267 of this code, who has been found liable by a court for such civil penalty and who does not pay such penalty after the judgment of such becomes final, shall be deemed guilty of a willful failure to pay a civil penalty. (e) 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 for the first offense, or by imprisonment for twenty days, or both; 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. (f) 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.

NYC Admin. Code § 24-270 Uniform civil penalties for unreasonable noise.

§ 24-270 Uniform civil penalties for unreasonable noise. Notwithstanding any inconsistent provision of law, the civil penalties for the violation of paragraphs 1, 2, and 3 of section 1-05(d) of title 56 of the rules of the city of New York, or any successor rule of the department of parks and recreation that prohibits or regulates noise, or paragraphs 16 and 17 of subdivision c of section 18-146 of the administrative code, shall be no greater than the civil penalties established in section 24-257 of this chapter for a violation of section 24-218(a) of this chapter, except in such cases in which the respondent received notice of such violation while engaged in commercial activities. (L.L. 2016/072, 6/13/2016, eff. 3/13/2017) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/072.

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/0-0-0-44469Fetched: 10/24/2026