§ 5-12 Enforcement.
RCNY § 5-12
(a)Corrective Action Request (CAR).
(1)If the Commissioner finds that any licensee has, for the first time, violated (i) any provision of §§ 19-160 through 19-160.6 of the Administrative Code; (ii) any of these rules; or (iii) any of the terms and conditions of the license, the Commissioner shall notify such licensee of such violation and request that action be taken to correct such violation within 30 days and shall afford such licensee an opportunity to protest the Commissioner’s finding in a manner set forth in these rules.
(2)A CAR may be served by mail or by e-mail on the licensee responsible for the condition which requires correction at the address or e-mail address for such person contained in the records of the Department.
(3)Any corrective action required by the CAR must be performed within thirty (30) days of the issuance of the CAR unless such issuance is protested as provided herein. If the corrective action required by the CAR is not performed within thirty (30) days of the issuance of the CAR and such issuance is not protested, the Department may issue a summons for an uncorrected condition upon reinspection.
(4)Protest.
(i)Within fourteen (14) days after the date of service of the CAR, the respondent may protest the issuance of the CAR by submitting such protest in writing to the Department at the location or address as specified on its website and on the CAR. If the respondent fails to timely protest the CAR and the Department issues a summons for an uncorrected condition, the respondent may be issued a summons for failing to respond to the CAR in a timely manner.
(ii)Protests will be reviewed by the Department and a final determination regarding the protest will be made within a reasonable period of time.
(iii)If a protest is denied, any corrective action required by the CAR must be performed within thirty (30) days after the date of such denial. If the corrective action required by the CAR is not performed within thirty (30) days of such denial, the Department may issue a summons for an uncorrected condition upon reinspection.
(b)Administrative summons. Administrative summons issued by the Department shall be returnable to the Environmental Control Board. The Office of Administrative Trials and Hearings, acting pursuant to section 1049-a of the New York City Charter, has the power to impose the civil penalties prescribed by § 19-150 of the Administrative Code in accordance with the rules of such agency.
(c)Suspension and Revocation.
(d)Removal.
(iv)Any furniture, equipment, structure, or other obstructions removed pursuant to this section will not be released until the removal charge and storage fee of two thousand five hundred dollars ($2,500) has been paid or a bond or other security for such amount has been posted.
(v)Any furniture, equipment, structure, or other obstructions that is not claimed will be sold at public auction after having been advertised in the City Record for a period of ten (10) days. In the alternative, any such property may be used or converted to use for the purpose of any city, state, or federal agency, or for charitable purposes, upon consultation with the appropriate city agencies.
(vi)The procedures outlined in the preceding subdivisions of this section do not apply to furniture, equipment, structures, or other obstructions determined by the Department to be without worth or value. The Department may immediately dispose of such property at disposal points or places designated by the New York City Department of Sanitation.
(e)Liability of Subsequent Licensees.
