NYC Administrative Code

§ 28-202.4.1 — Determining the amount of the civil penalty to be imposed.

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What is NYC AC § 28-202.4.1?

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This section outlines the criteria that a court must consider when determining the amount of a civil penalty for violations. Factors include the severity of injury, history of violations, degree of negligence, and the financial resources of the defendant. Applies to defendants facing civil penalties imposed by the Department of Buildings.

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

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§ 28-202.4.1 Determining the amount of the civil penalty to be imposed.

AC § 28-202.4.1

In determining the amount of the civil penalty to be imposed the court shall consider: 1. The extent and severity of injury to persons and property; 2. The history of violations by the defendant of laws or rules enforced by the department; 3. The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; and 4. The defendant's financial resources. (L.L. 2018/070, 1/19/2018, eff. 7/18/2018)

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