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What is NYC AC § 24-259?

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This section outlines the process for issuing a notice of violation when the commissioner believes a violation of the code or regulations exists. The notice must specify the violation, the civil penalty, and require a written response. Applies to property owners and individuals in violation of the code.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 24-259 Notice of violation.

AC § 24-259

(a)Notice, required by this chapter, shall be given by issuance of a notice of violation.

(b)Whenever the commissioner has reasonable cause to believe that a violation of any provision of this code or any order or regulation promulgated by the commissioner or the board may exist, he or she may cause to have a notice of violation issued and served on: (1) The person in violation; or (2) An owner with an equity interest in the device in violation, if any; or (3) If an owner with an equity interest in the device in violation cannot be located with due diligence, any other owner of said device.

(c)A notice of violation shall: (1) Specify the section or sections of this code, order, or regulation that such person or device is in violation of; and (2) Indicate the amount of the civil penalty that such person is subject to; and (3) Contain a brief statement of the nature of the violation; and (4) Require a written response that conforms to section 24-260 of this code; and (5) Require such person or owner of a device, unless a hearing is not required by section 24-257 of this code, to answer the allegations in the notice of violation at a time and place designated either in or with the notice of violation or in a subsequent notice to such person or owner.

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