Civil Penalties for Certain Violations
Proposed Rules: Closed to Comments
STATEMENT OF BASIS AND PURPOSE
Under article 105 of title 28 of the New York City Administrative Code, a written permit is required to conduct work in connection with any building, structure, sign, service equipment, or gas, mechanical, plumbing or fire suppression system in the city. The permit requirement is subject to certain exemptions as stated in section 28-105.4, including exemptions for “categories of work as described in department rules, consistent with public safety.”
Under Article 213, the New York City Department of Buildings (“Department”) must impose a civil penalty for work without a permit and adopt a rule describing the procedure for the assessment of such penalties. Such civil penalty is in addition to the penalties authorized under article 202 of the New York City Administrative Code. Section 28-213.2 also provides that a waiver or reduction of the penalty is available, pursuant to Department rules, to a subsequent bona fide purchaser of a building on which work without a permit was performed. The proof needed to show that an owner is a subsequent bona fide purchaser is further explained in this rule.
Under article 207, the Commissioner of the Department may issue a “stop work order” if building work is being performed in violation of applicable laws and rules or in a dangerous or unsafe manner. Under section 28-207.2.3, the Commissioner may rescind a stop work order under certain circumstances, including following the payment of civil penalties, or where the stop work order should not have been issued.
Section 1 of the proposed rule repeals the existing civil penalties rule, which has been superseded in part by the Administrative Code and no longer reflects current practice.
Section 2 of the proposed rule sets forth:
- When payment of a civil penalty for work without a permit or violation of a stop work order is required
- How civil penalties for work without a permit are assessed
- Requirements and procedures for overrides, waivers, and/or reductions of a civil penalty for work without a permit or violation of a stop work order
- Requirements for a refund of the payment of such civil penalty