Section 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 defendent exceed the  actual
  amount collected by the city from such defendant in an action under this
  subdivision.