Public-domain · open source
OpenJurist

N.Y. Exec. Law § 382

Remedies

Showing this section's text as in effect on January 1, 2022 (in force January 1, 2022 – January 1, 2023). 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\nregistered or certified mail, with an order to remedy any condition\nfound to exist in, on, or about any building in violation of the uniform\nfire prevention and building code, who shall fail to comply with such\norder within the time fixed by the regulations promulgated by the\nsecretary pursuant to subdivision one of section three hundred\neighty-one of this article, such time period to be stated in the order,\nand any owner, builder, architect, tenant, contractor, subcontractor,\nconstruction superintendent or their agents or any other person taking\npart or assisting in the construction of any building who shall\nknowingly violate any of the applicable provisions of the uniform code\nor any lawful order of a local government, a county or the secretary\nmade thereunder regarding standards for construction, maintenance, or\nfire protection equipment and systems, shall be punishable by a fine of\nnot more than one thousand dollars per day of violation, or imprisonment\nnot exceeding one year, or both.\n * NB Effective until March 3, 2022\n * 2. Any person, having been served, either personally or by\nregistered or certified mail, with an order to remedy any condition\nfound to exist in, on, or about any building in violation of the uniform\nfire prevention and building code, who shall fail to comply with such\norder within the time fixed by the regulations promulgated by the\nsecretary pursuant to subdivision one of section three hundred\neighty-one of this article, such time period to be stated in the order,\nand any owner, builder, architect, tenant, contractor, subcontractor,\nconstruction superintendent or their agents or any other person taking\npart or assisting in the construction of any building who shall\nknowingly violate any of the applicable provisions of the uniform code\nor any lawful order of a local government, a county or the secretary\nmade thereunder regarding standards for construction, maintenance, or\nfire protection equipment and systems, shall be punishable by a fine of\nnot more than one thousand dollars per day of violation, or imprisonment\nnot exceeding one year, or both for the first one hundred eighty days,\nand for the following one hundred eighty days shall be punishable by a\nfine of no less than twenty-five dollars and not more than one thousand\ndollars per day of violation or imprisonment not exceeding one year, or\nboth and thereafter shall be punishable by a fine of no less than fifty\ndollars and not more than one thousand dollars per day of violation or\nimprisonment not exceeding one year, or both.\n * NB Effective March 3, 2022\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, New York city civil court, a city court,\ndistrict court or county court may order the removal of the building or\nan 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 4. In addition to any other applicable remedy or penalty, where a\nbuilding has been altered in violation of any provision of the uniform\ncode or any lawful order obtained thereunder, and such alteration\nimpedes a person's egress from such building during a fire or other\nemergency evacuation, the owner of such building, and any builder,\narchitect, contractor, subcontractor or construction superintendent, or\nagent thereof who has knowledge of such alteration, or owner who\nreasonably should have had knowledge of such alteration based on either\nan inspection or repair of a leased premises with consent from the\ntenant, shall be subject to a civil penalty of up to seven thousand five\nhundred dollars.\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.