Section 382. Remedies  


Latest version.
  • 1. In addition to and not in limitation of any power
      otherwise granted by law, every  local  government  and  its  authorized
      agents  shall  have  the  power to order in writing the remedying of any
      condition found to exist in, on or about any building  in  violation  of
      the  uniform  fire  prevention and building code and to issue appearance
      tickets for violations of the uniform code.
        2. Any person, having been served, either personally or by  registered
      or  certified mail, with an order to remedy any condition found to exist
      in, on,  or  about  any  building  in  violation  of  the  uniform  fire
      prevention  and  building code, who shall fail to comply with such order
      within the time fixed by the regulations promulgated  by  the  secretary
      pursuant  to subdivision one of section three hundred eighty-one of this
      article, such time period to be stated in  the  order,  and  any  owner,
      builder,  architect,  tenant,  contractor,  subcontractor,  construction
      superintendent or their agents  or  any  other  person  taking  part  or
      assisting  in  the  construction  of  any  building  who shall knowingly
      violate any of the applicable provisions of  the  uniform  code  or  any
      lawful  order  of  a  local  government,  a county or the secretary made
      thereunder regarding standards for construction,  maintenance,  or  fire
      protection  equipment  and systems, shall be punishable by a fine of not
      more than one thousand dollars per day of violation, or imprisonment not
      exceeding one year, or both.
        3. Where the construction or use of a building is in violation of  any
      provision of the uniform code or any lawful order obtained thereunder, a
      justice  of the supreme court at a special term in the judicial district
      in which the building is located, may order the removal of the  building
      or  an  abatement  of  the condition in violation of such provisions. An
      application for such relief may be made by the secretary, an appropriate
      municipal officer, or any other person aggrieved by the violation.