Section 16-133. Enforcement  


Latest version.
  • a. 1. Any person who violates any provision of
      section 16-129, 16-130, 16-131, 16-131.2, 16-131.3 or 16-131.5  of  this
      chapter,  or article one hundred fifty-seven of the New York city health
      code, shall be guilty of a  misdemeanor,  and  upon  conviction  thereof
      shall  be punished by a fine not to exceed twenty-five thousand dollars,
      or by imprisonment for a term of not more than one year, or by both such
      fine and imprisonment.
        2. In addition to any other penalties provided under paragraph one  of
      this  subdivision,  any  violation  of  section  16-129, 16-130, 16-131,
      16-131.2, 16-131.3 or 16-131.5 of this chapter, or article  one  hundred
      fifty-seven  of  the New York city health code, shall be punishable by a
      civil penalty of not less than twenty-five hundred dollars nor more than
      ten thousand dollars  for  the  first  violation,  not  less  than  five
      thousand  nor  more  than  ten thousand dollars for the second violation
      committed in a period of three years, and ten thousand dollars  for  the
      third and any subsequent violation committed in such period. Every owner
      of  premises  or of equipment, vehicles or other personal property shall
      be punishable by a civil penalty of not less  than  twenty-five  hundred
      dollars  nor more than ten thousand dollars for the first violation, not
      less than five thousand nor more  than  ten  thousand  dollars  for  the
      second  violation committed in a period of three years, and ten thousand
      dollars for the third and any subsequent  violation  committed  in  such
      period  by  any  person  using or operating the same, in the business of
      such owner or otherwise, with the permission,  express  or  implied,  of
      such  owner.  In  the  case  of  a  continuing  violation,  every  day's
      continuance thereof  may  be  deemed  to  be  a  separate  and  distinct
      violation.  Civil penalties shall be recovered in a civil action brought
      in  the  name  of  the  commissioner  or  in  a  proceeding  before  the
      environmental  control  board, provided however that civil penalties for
      violations of article one hundred  fifty-seven  of  the  New  York  city
      health  code  may only be recovered as provided by law for violations of
      the New York city health code. As used in this paragraph, "owner"  means
      a  person,  other  than  a  holder  of  a  security interest, having the
      property in or  title  to  premises  or  equipment,  vehicles  or  other
      personal property, including but not limited to a person entitled to use
      and  possession  of  premises  or  equipment, vehicles or other personal
      property subject to a security  interest  in  another  person  and  also
      includes any lessee or bailee having exclusive use thereof.
        b.  1. Any person who violates any provision of section 16-117 of this
      chapter shall be guilty of a  violation,  and  upon  conviction  thereof
      shall  be  punished by a fine of not less than two hundred fifty dollars
      nor more than five hundred dollars, or by imprisonment for a term of not
      more than fifteen days, or by both such fine and imprisonment.
        2. In addition to any other penalties provided under paragraph one  of
      this  subdivision, any violation of section 16-117 of this chapter shall
      be punishable by a civil penalty of not  less  than  two  hundred  fifty
      dollars  nor  more  than  five hundred dollars. Civil penalties shall be
      recovered in a civil action brought in the name of the  commissioner  or
      in a proceeding before the environmental control board.
        c. The commissioner shall have the power to issue notices of violation
      for  violations  of article one hundred fifty-seven of the New York city
      health code and  such  notices  of  violation  shall  be  returnable  as
      provided by law for violations of the New York city health code.
        d. The commissioner of health shall have the power to issue notices of
      violation  for violations of sections 16-130 and 16-131 of this chapter,
      and such notices of violation shall be  returnable  in  a  civil  action
      brought  in  the  name  of the commissioner of health or in a proceeding
      before the environmental control board.
    
        e. Nothing contained in this section shall be  construed  to  restrict
      existing  authority of any agency to enforce any other provision of law,
      including but not limited to any provision of the New York  city  health
      code.