§ 16-143 Corrective action request program.
AC § 16-143
a. Definitions. For purposes of this section, the term "corrective action request" or "CAR" means a formal notice by the department that a condition is in violation of this title and that a request is being made for action to be taken by the respondent to whom such notice is addressed to correct the condition so described. b. No later than October 1, 2021, the commissioner shall create a program for the issuance of corrective action requests for certain first-time violations of this title. c. Corrective action request.
1.The corrective action request shall provide notice of the nature of the violation and that the law authorizes civil penalties for such violation.
2.The department shall issue a corrective action request to a person in lieu of a notice of violation for a condition that would violate, for the first time, the following sections of this chapter: (a) Paragraphs (1), (2), (4) and (5) of subdivision b of section 10-169; (b) Subdivision b of section 16-116; and (c) Subdivision g of section 16-308.
3.A corrective action request may be served by either of the following means: (a) Personal service; or (b) Service in accordance with clause (ii) of subparagraph (a) of paragraph 2 of subdivision d of section 1049-a of the charter of the city of New York. Notwithstanding any inconsistent provision of law, service pursuant to this subparagraph shall be complete on the date a copy of the corrective action request is mailed to the respondent.
4.Any corrective action requested by a corrective action request shall be performed within 30 days of service of such request pursuant to paragraph 3 of this subdivision, unless issuance of such corrective action request is protested as provided herein.
5.Within 14 days after the date of service of the corrective action request pursuant to paragraph 3 of this subdivision, unless a different time is specified on such request, the respondent may protest the issuance of such request in the manner described on such request.
6.Protests shall be reviewed by the department and a final determination of the protest shall be made within a reasonable period of time. d. On or before July 1, 2022, the commissioner shall report to the speaker of the council and the mayor about the program established pursuant to this section. Such report shall include, but not be limited to, the following information: 1. The number of corrective action requests issued and the resolution of such requests; 2. The number of notices of violations issued for the violations described in paragraph 2 of subdivision c.
