§ 43-01 General.
RCNY § 43-01
1.Unless otherwise indicated, all citations are to the New York City Administrative Code.
2.Sections marked with an asterisk (*) indicate that the conduct or activity is subject to an aggravated penalty for excess profit, equal to twice the amount of money saved by respondent as a result of its failure to comply. When an aggravated penalty is sought, it will be indicated on the face of the summons and no stipulation will be offered. The respondent will be required to appear.
3."Stipulation" is abbreviated as "Stip." 4. "N/A" means not applicable.
5.Except in connection with violations of § 24-163, a second or third offense means a violation of any section of the Air Code by the same respondent within two years of the date of occurrence of the prior violation, at the same premises (if premises-related), and involving the same equipment. In connection with violations of § 24-163, a second or third or subsequent offense is a violation by the same respondent within three years of the date of occurrence of the prior violation(s) and involving the same vehicle, where the prior violation(s) was for a violation of § 24-163.
6."(Mitigation: 01)" A zero penalty may be imposed for a first offense following a respondent's timely submission to DEP (within 45 days of the return date indicated on the Notice of Violation) of acceptable certification of compliance and admission of liability.
7.Each summons shall provide that a respondent may admit to such violation and pay the corresponding penalty amount set forth in 15 RCNY § 43-02. (Added City Record 4/11/2016, eff. 5/11/2016; amended City Record 3/27/2023, eff. 4/26/2023; amended City Record 12/16/2024, eff. 1/15/2025)
