§ 382 — Remedies

New York § 382

• Jurisdiction: New York
• Law EXC: Executive
• Art. 18: New York State Uniform Fire Prevention and Building Code Act

Text

§ 382. Remedies. 1. In addition to and not in limitation of any power\notherwise granted by law, every local government and its authorized\nagents shall have the power to order in writing the remedying of any\ncondition found to exist in, on or about any building in violation of\nthe uniform fire prevention and building code and to issue appearance\ntickets for violations of the uniform code.\n 2. Any person, having been served, either personally or by registered\nor certified mail, with an order to remedy any condition found to exist\nin, on, or about any building in violation of the uniform fire\nprevention and building code, who shall fail to comply with such order\nwithin the time fixed by the regulations promulgated by the secretary\npursuant to subdivision one of section three hundred eighty-one of this\narticle, such time period to be stated in the order, and any owner,\nbuilder, architect, tenant, contractor, subcontractor, construction\nsuperintendent or their agents or any other person taking part or\nassisting in the construction of any building who shall knowingly\nviolate any of the applicable provisions of the uniform code or any\nlawful order of a local government, a county or the secretary made\nthereunder regarding standards for construction, maintenance, or fire\nprotection equipment and systems, shall be punishable by a fine of not\nmore than one thousand dollars per day of violation, or imprisonment not\nexceeding one year, or both for the first one hundred eighty days, and\nfor the following one hundred eighty days shall be punishable by a fine\nof no less than twenty-five dollars and not more than one thousand\ndollars per day of violation or imprisonment not exceeding one year, or\nboth and thereafter shall be punishable by a fine of no less than fifty\ndollars and not more than one thousand dollars per day of violation or\nimprisonment not exceeding one year, or both.\n 3. Where the construction or use of a building is in violation of any\nprovision of the uniform code or any lawful order obtained thereunder, a\njustice of the supreme court, New York city civil court, a city court,\ndistrict court or county court may order the removal of the building or\nan abatement of the condition in violation of such provisions. An\napplication for such relief may be made by the secretary, an appropriate\nmunicipal officer, or any other person aggrieved by the violation.\n 4. In addition to any other applicable remedy or penalty, where a\nbuilding has been altered in violation of any provision of the uniform\ncode or any lawful order obtained thereunder, and such alteration\nimpedes a person's egress from such building during a fire or other\nemergency evacuation, the owner of such building, and any builder,\narchitect, contractor, subcontractor or construction superintendent, or\nagent thereof who has knowledge of such alteration, or owner who\nreasonably should have had knowledge of such alteration based on either\nan inspection or repair of a leased premises with consent from the\ntenant, shall be subject to a civil penalty of up to seven thousand five\nhundred dollars.\n