§ 71-2907. Sanctions.\n 1. Administrative sanctions. Except as otherwise provided in this\nsubdivision, any person who violates any provision of article 33 of this\nchapter or any rule, regulation or order issued thereunder or commits\nany offense described in section 33-1301 of this chapter shall be liable\nto the people of the state for a civil penalty not to exceed five\nthousand dollars for a first violation, and not to exceed ten thousand\ndollars for a subsequent offense, to be assessed by the commissioner\nafter a hearing or opportunity to be heard. Notwithstanding any\nprovision of law to the contrary, an owner or owner's agent of a\nmultiple dwelling or owner, owner's agent or a person in a position of\nauthority for all other types of premises, as such terms are defined in\npara
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§ 71-2907. Sanctions.\n 1. Administrative sanctions. Except as otherwise provided in this\nsubdivision, any person who violates any provision of article 33 of this\nchapter or any rule, regulation or order issued thereunder or commits\nany offense described in section 33-1301 of this chapter shall be liable\nto the people of the state for a civil penalty not to exceed five\nthousand dollars for a first violation, and not to exceed ten thousand\ndollars for a subsequent offense, to be assessed by the commissioner\nafter a hearing or opportunity to be heard. Notwithstanding any\nprovision of law to the contrary, an owner or owner's agent of a\nmultiple dwelling or owner, owner's agent or a person in a position of\nauthority for all other types of premises, as such terms are defined in\nparagraph d of subdivision five of section 33-0905 of this chapter, who\nviolates any provision of a local law adopted pursuant to subdivision\none of section 33-1004 of this chapter relating to paragraph b of such\nsubdivision, and a person, who violates any provision of a local law\nadopted pursuant to subdivision one of section 33-1004 of this chapter\nrelating to paragraph c of such subdivision, and a person who violates\nthe provisions of subdivision three of section three hundred ninety-c of\nthe social services law shall, for a first such violation, in lieu of a\npenalty, be issued a written warning and shall also be issued\neducational materials pursuant to subdivision two of section 33-1005 of\nthis chapter. Such person shall, however, for a second violation, be\nliable to the people of the state for a civil penalty not to exceed one\nhundred dollars, and not to exceed two hundred fifty dollars for any\nsubsequent violation, such penalties to be assessed by the commissioner\nafter a hearing or opportunity to be heard.\n Notwithstanding any provision of law to the contrary, any person who\nviolates the provisions of a local law adopted pursuant to subdivision\none of section 33-1004 of this chapter relating to paragraph a of such\nsubdivision, shall be issued a warning for the first violation and shall\nbe provided seven days to correct such violation; and shall be liable to\nthe people of the state for a civil penalty not to exceed one hundred\ndollars for a second violation, and not to exceed two hundred fifty\ndollars for a subsequent violation, to be assessed by the commissioner\nafter a hearing or opportunity to be heard. The commissioner, acting by\nthe attorney general, may bring suit for collection of such assessed\ncivil penalty in any court of competent jurisdiction. Such civil penalty\nmay be released or compromised by the commissioner before the matter has\nbeen referred to the attorney general; and where such matter has been\nreferred to the attorney general, any such penalty may be released or\ncompromised and any action commenced to recover the same may be settled\nand discontinued by the attorney general with the consent of the\ncommissioner. Any civil penalty assessed by the commissioner under this\nsubdivision shall be reviewable in a proceeding under article 78 of the\ncivil practice law and rules.\n 2. Civil sanctions. In lieu of seeking administrative sanctions, the\ncommissioner may refer any violation described in subdivision 1 of this\nsection to the attorney general who shall be empowered to bring a civil\nsuit to seek any of the sanctions described in subdivision 1 of this\nsection. Any such sanctions imposed may be released or compromised or\nthe action may be settled and discontinued by the attorney general with\nthe consent of the commissioner.\n 3. Criminal sanctions. Any person who, having the culpable mental\nstates defined in subdivision one or two of section 15.05 or in section\n20.20 of the penal law, violates any provision of article 33 of this\nchapter or any rule, regulation thereunder or commits any offense\ndescribed in section 33-1301 of this chapter, except an offense relating\nto the application of a general use pesticide shall be guilty of a\nmisdemeanor and, upon conviction thereof, shall be punished by a fine\nnot to exceed five thousand dollars for each day during which such\nviolation continues or by imprisonment for a term of not more than one\nyear, or by both such fine and imprisonment. If the conviction is for a\nsubsequent offense committed after a first conviction of such person\nunder this subdivision, punishment shall be by a fine not to exceed ten\nthousand dollars for each day during which such violation continues or\nby imprisonment for a term of not more than one year, or by both such\nfine and imprisonment. When a violation consists of the manufacture or\nproduction of any prohibited article, each day during which or any part\nof which such manufacture or production is carried on or continued,\nshall be deemed a separate violation. Any person who violates any\nprovision of article 33 of this chapter or any rule or regulation\nthereunder or commits any offense described in section 33-1301 of this\nchapter relating to the use of a general use pesticide shall be guilty\nof a violation and, upon conviction thereof, shall be punished by a fine\nnot to exceed twenty-five hundred dollars. If the conviction is for a\nsubsequent offense committed after the first such conviction of such\nperson under this subdivision, punishment shall be by a fine not to\nexceed five thousand dollars. Prosecution hereunder may be conducted by\neither the attorney general or the district attorney consistent with\nsection 71-0403 of this article. With respect to violations of section\n33-1004 of this chapter, penalties imposed pursuant to this subdivision\nmay be assessed only against a person providing a commercial lawn\napplication.\n 4. When a violation consists of the sale, or the offering or exposing\nfor sale or exchange of any prohibited article or substance, the sale of\neach one of several packages shall constitute a separate violation, and\neach day on which any such article or substance is offered or exposed\nfor sale or exchange shall constitute a separate violation. When the use\nof any such article or substance is prohibited, each day during which or\nany part of which such article or substance is so used or furnished for\nuse, shall constitute a separate violation, and the furnishing of the\nsame for use to each person to whom the same may be furnished shall\nconstitute a separate violation. When the storage of any article is\nprohibited beyond a certain period, each day during which or any part of\nwhich any article is so stored beyond the period provided for by article\n33 of this chapter or this title shall constitute a separate violation.\n 5. This section shall not affect the rights of any other person\nseeking damages arising out of a violation.\n