§ 28-202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city building code that results in death or serious physical injury.
AC § 28-202.4
Notwithstanding any inconsistent provision of this article an immediately hazardous violation of a provision of chapter 33 of the New York city building code that results in death or serious physical injury, as such term is defined in article 10 of the New York state penal law, shall be punishable by a civil penalty of not more than $500,000, or not more than $150,000 if such violation is issued to an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in any court of competent jurisdiction where: 1. There was a substantial probability that the violating condition would cause death or serious physical injury, as such term is defined in article 10 of the New York state penal law; 2. The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and (ii) was in a position to remedy such violation or lessen the danger posed thereby; and 3. Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New York state penal law, of a person. (L.L. 2018/070, 1/19/2018, eff. 7/18/2018)
