§ 24-610 Orders to responsible persons; civil and criminal penalties and imprisonment.
AC § 24-610
a.
(1)An order of the commissioner issued pursuant to subdivision a of section 24-608 shall specify the work to be performed and shall fix a reasonable time for compliance from the date of service of such order. Such order shall contain a statement that upon failure of the responsible person to comply with the commissioner's order within the stated time, the department may perform the work specified in the order or apply for a court order directing the responsible person to comply with the commissioner's order.
(2)(i) Service of such order shall be made upon the responsible person personally or by certified or registered mail addressed to the last known address of such person or in any manner provided for service of process by article three of the civil practice law and rules.
(ii)In instances where the commissioner knows that the responsible person served pursuant to subparagraph (i) of this paragraph is not the owner of the property at which the response measures ordered are to be implemented, notice that such order has been served, and a copy of such order, shall be sent by both certified or registered mail and first class mail to the last known address of the person whose name appears on the records in the office of the city collector as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to such property, addressed to either the owner or the agent. Such notice shall have stamped or printed thereon a reference to this section. Any failure to provide written notice as prescribed by this subparagraph shall not in any way affect the liability of any person for the cost incurred by the city for any response measures implemented in accordance with this chapter.
(3)A copy of such order shall be filed with the office of the register in the county in which is situated the property with respect to which such order was issued.
(4)After service of such order upon a responsible person, such person may request a hearing, except in circumstances of imminent peril in which the commissioner has determined that response measures are to be implemented without any delay. The commissioner shall promulgate rules and regulations setting forth the times within which and the procedures by which requests for hearings shall be made and hearings shall be held. At such hearing the responsible persons, shall be entitled to be represented by counsel and to present evidence. The commissioner may affirm, modify or revoke the order. b. In addition to any response measures implemented by the commissioner pursuant to section 24-608, if the responsible person fails to comply with the commissioner's order within the time fixed for compliance pursuant to subdivision a of this section, the department may perform the work specified in the order, or may apply to any court of competent jurisdiction, upon such notice and in such manner as the court shall direct, for an order directing the responsible person to comply with the commissioner's order. c. Any responsible person who without sufficient cause, willfully violates, or fails or refuses to comply with, any order of the commissioner issued pursuant to section 24-608 may be liable: (1) for a civil penalty of not more than ten thousand dollars for each day in which such violation occurs or such failure or refusal to comply continues; and (2) for an additional civil penalty in an amount at least equal to, and not more than three times, the amount of any costs incurred by the city as a result of such person's willful violation, or failure or refusal to comply. Such penalties may be recovered in a civil action brought in the name of the commissioner or in a proceeding before the environmental control board. d. In addition to the penalties set forth in subdivision c of this section and subdivision b of section 24-609, any person who knowingly violates or fails to comply with any order, rule or regulation issued by the commissioner pursuant to this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than twenty-five thousand dollars, or by imprisonment not to exceed one year, or both, for each violation. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/042.
