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N.Y. Exec. Law § 382

Remedies

Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2021). View current text →

§ 382. Remedies. 1. In addition to and not in limitation of any power\notherwise granted by law, every local government and its authorized\nagents shall have the power to order in writing the remedying of any\ncondition found to exist in, on or about any building in violation of\nthe uniform fire prevention and building code and to issue appearance\ntickets for violations of the uniform code.\n 2. Any person, having been served, either personally or by registered\nor certified mail, with an order to remedy any condition found to exist\nin, on, or about any building in violation of the uniform fire\nprevention and building code, who shall fail to comply with such order\nwithin the time fixed by the regulations promulgated by the secretary\npursuant to subdivision one of section three hundred eighty-one of this\narticle, such time period to be stated in the order, and any owner,\nbuilder, architect, tenant, contractor, subcontractor, construction\nsuperintendent or their agents or any other person taking part or\nassisting in the construction of any building who shall knowingly\nviolate any of the applicable provisions of the uniform code or any\nlawful order of a local government, a county or the secretary made\nthereunder regarding standards for construction, maintenance, or fire\nprotection equipment and systems, shall be punishable by a fine of not\nmore than one thousand dollars per day of violation, or imprisonment not\nexceeding one year, or both.\n 3. Where the construction or use of a building is in violation of any\nprovision of the uniform code or any lawful order obtained thereunder, a\njustice of the supreme court at a special term in the judicial district\nin which the building is located, may order the removal of the building\nor an abatement of the condition in violation of such provisions. An\napplication for such relief may be made by the secretary, an appropriate\nmunicipal officer, or any other person aggrieved by the violation.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.