NYC Administrative Code

§ 28-202.3 — Increased civil penalties for construction sites with excessive violations.

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What is NYC AC § 28-202.3?

Quick Answer

This section establishes increased civil penalties for construction sites that have excessive violations, specifically targeting those with existing immediately hazardous or major violations. The penalties imposed can be at least double the standard civil penalty for violations occurring at such sites. Applies to construction site operators with multiple violations.

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

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§ 28-202.3 Increased civil penalties for construction sites with excessive violations.

AC § 28-202.3

Subject to the limitations of section 28-202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department issued to a person who has an existing immediately hazardous or major violation with respect to the construction site for which the violation is being issued, that occurs at a construction site with a violation ratio, at the time of the issuance of such violation, that exceeds the threshold violation ratio for such site, the civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 28-202.1. Exceptions: 1. Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the city to a third party pursuant to section 11-412.1 of the administrative code.

2.Sites that are the subject of a court order appointing an administrator pursuant to article 7-A of the New York state real property actions and proceedings law in a case brought by the department of housing preservation and development.

3.Sites that are the subject of a loan provided by or through the department of housing preservation and development or the New York city housing development corporation for the purpose of rehabilitation. (L.L. 2017/205, 11/17/2017, eff. 6/1/2018; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

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