N.Y. ADC. LAW § 25-317.2 : NY Code - Section 25-317.2: Violations of landmarks laws: enforcement

Search N.Y. ADC. LAW § 25-317.2 : NY Code - Section 25-317.2: Violations of landmarks laws: enforcement

a.  Stop-work  orders.  (1) An order to stop work may be issued by the
  chair, or his or her authorized representative, at  any  time  when  the
  chair  reasonably  believes that work is being performed in violation of
  the provisions of this chapter. Each order issued  by  the  chair  shall
  have  his  or her signature affixed thereto, but the chair may authorize
  any subordinate to affix such signature.
    (2) Such order may be given orally or in writing to a person in charge
  or apparently in charge of the improvement or involved in the work being
  performed thereon or may be served on the owner or person in  charge  of
  the  improvement parcel as otherwise provided in the commission's rules.
  The police department and the department of buildings  shall,  upon  the
  request  of  the  chair,  assist  the  chair  in the enforcement of such
  orders. Where the order is given orally a written notice of  such  order
  shall be mailed to the person to whom the order was addressed or affixed
  to  the  premises  where the violation occurred within forty-eight hours
  after service of such oral order.
    b. Contents of orders. All stop work orders issued by the chair  shall
  identify  the  allegedly  illegal  conditions  or  work  with reasonable
  specificity.  As  used  in  this  subdivision,  the   term   "reasonable
  specificity"  shall mean a description of work or conditions, reasonably
  described given the circumstances, sufficient  to  inform  a  reasonable
  person  that  (1)  work has been or is being done without an appropriate
  approval from the commission or (2) conditions have been created or  are
  being  maintained  in  violation  of  this chapter. The order shall also
  identify the subject premises  by  the  tax  block  and  lot  or  street
  address,   and  shall  be  addressed  to  a  person  in  charge  of  the
  improvement, or to a person who is alleged to have created  the  illegal
  conditions  or  performed, authorized, overseen or permitted the illegal
  work. The chair may issue a separate order to  each  person  who,  as  a
  result  of  the  same condition or work, is alleged to have violated the
  provisions of this chapter.
    c. In addition to any of the remedies or  penalties  provided  for  in
  this  section, failure to comply with a stop work order shall be subject
  to the payment of a civil penalty in the sum of five hundred dollars for
  each day there is non-compliance, to be  recovered  in  a  civil  action
  brought  in  the  name  of  the chair or in an administrative proceeding
  before  the  office  of  administrative   trials   and   hearings,   the
  environmental  control  board  or  other  administrative tribunal having
  jurisdiction.
    d. Enforcement proceedings. (1) Upon the violation of any provision of
  this chapter, or the failure to comply with any stop-work  order  issued
  by the chair thereunder, or whenever any person is about to engage in or
  is  engaging  in  any act or practice that may constitute a violation of
  any provision of this chapter, the chair  may  request  the  corporation
  counsel  to  institute  all  necessary  actions  and/or  proceedings  to
  restrain, correct or abate such violation  or  potential  violation,  to
  compel  compliance  with  such  order  and/or  to  seek  civil penalties
  pursuant to this chapter. The corporation  counsel  may  institute  such
  actions  or  proceedings  as  may  be necessary and appropriate for such
  purposes.
    (2) Such actions and proceedings may be instituted by the  corporation
  counsel   in   the  name  of  the  city  in  any  court  of  appropriate
  jurisdiction. In such actions or proceedings, the  city  may  apply  for
  restraining   orders,   preliminary  injunctions  or  other  provisional
  remedies, with or without notice.
    e. Notice  of  violation;  presumptive  evidence.  In  any  action  or
  proceeding  founded  upon  a  claim  by  the  chair that any law or rule

  enforceable by the commission has been violated, or that a lawful  order
  issued  by  the  chair has not been complied with, a notice of violation
  shall be presumptive evidence of any matter stated therein.
    f.  In  addition  to  police  officers,  officers and employees of the
  commission and employees of other city agencies designated by the  chair
  may  enforce  the provisions of this chapter and may issue summonses and
  appearance tickets returnable in  the  criminal  court  and  notices  of
  violation  returnable before the environmental control board, the office
  of administrative trials and hearings or other  administrative  tribunal
  having jurisdiction.