Section 17-1103. Enforcement  


Latest version.
  • a.  Pursuant  to  section  33-1004  of  the
      environmental conservation law, the department  and  the  department  of
      environmental  protection shall have concurrent authority with the state
      of New York to enforce the provisions of this chapter, provided that all
      penalties,  which  shall  be  assessed  after  providing  a  hearing  or
      opportunity  to  be  heard,  shall be as specified in section 17-1104 of
      this chapter and shall be payable to and deposited with the city of  New
      York.
        b.  Pursuant to section 33-1004 of the environmental conservation law,
      the department of consumer affairs shall have concurrent authority  with
      the department, the department of environmental protection and the state
      of  New  York  to  enforce  the  provisions  of subdivision a of section
      17-1102 of this chapter, provided that all  penalties,  which  shall  be
      assessed  after providing a hearing or opportunity to be heard, shall be
      as specified in section 17-1104 of this chapter and shall be payable  to
      and deposited with New York city.
        c.  A  proceeding  to recover any civil penalty authorized pursuant to
      section 17-1104 shall be  commenced  by  the  service  of  a  notice  of
      violation  returnable  to the administrative tribunal established by the
      board of health pursuant to section 558 of the charter of  the  city  of
      New  York  where  the  department  issues such notice, the environmental
      control board established pursuant to section 1049-a of the  charter  of
      the  city  of  New York where the department of environmental protection
      issues such notice, or the adjudication division of  the  department  of
      consumer  affairs  established  pursuant  to  section  20-104(e)  of the
      administrative code of the city of New York where that department issues
      such notice. The notice of violation or copy thereof when filled in  and
      served  shall  constitute notice of the violation charged, and, if sworn
      to or affirmed, shall be prima facie evidence  of  the  facts  contained
      therein.  The  administrative  tribunal  of  the  board  of  health, the
      environmental  control  board  and  the  adjudication  division  of  the
      department  of consumer affairs shall have the power to render decisions
      and orders and to impose the remedies  and  penalties  provided  for  in
      section 17-1104, in addition to any other remedies or penalties provided
      for  the  enforcement  of such provisions under any other law including,
      but not limited to, civil or criminal actions or proceedings.