N.Y. Executive Law § 382: Remedies

§ 382. Remedies. 1. In addition to and not in limitation of any power

otherwise granted by law, every local government and its authorized

agents shall have the power to order in writing the remedying of any

condition found to exist in, on or about any building in violation of

the uniform fire prevention and building code and to issue appearance

tickets for violations of the uniform code.

2. Any person, having been served, either personally or by registered

or certified mail, with an order to remedy any condition found to exist

in, on, or about any building in violation of the uniform fire

prevention and building code, who shall fail to comply with such order

within the time fixed by the regulations promulgated by the secretary

pursuant to subdivision one of section three hundred eighty-one of this

article, such time period to be stated in the order, and any owner,

builder, architect, tenant, contractor, subcontractor, construction

superintendent or their agents or any other person taking part or

assisting in the construction of any building who shall knowingly

violate any of the applicable provisions of the uniform code or any

lawful order of a local government, a county or the secretary made

thereunder regarding standards for construction, maintenance, or fire

protection equipment and systems, shall be punishable by a fine of not

more than one thousand dollars per day of violation, or imprisonment not

exceeding one year, or both for the first one hundred eighty days, and

for the following one hundred eighty days shall be punishable by a fine

of no less than twenty-five dollars and not more than one thousand

dollars per day of violation or imprisonment not exceeding one year, or

both and thereafter shall be punishable by a fine of no less than fifty

dollars and not more than one thousand dollars per day of violation or

imprisonment not exceeding one year, or both.

3. Where the construction or use of a building is in violation of any

provision of the uniform code or any lawful order obtained thereunder, a

justice of the supreme court, New York city civil court, a city court,

district court or county court may order the removal of the building or

an abatement of the condition in violation of such provisions. An

application for such relief may be made by the secretary, an appropriate

municipal officer, or any other person aggrieved by the violation.

4. In addition to any other applicable remedy or penalty, where a

building has been altered in violation of any provision of the uniform

code or any lawful order obtained thereunder, and such alteration

impedes a person's egress from such building during a fire or other

emergency evacuation, the owner of such building, and any builder,

architect, contractor, subcontractor or construction superintendent, or

agent thereof who has knowledge of such alteration, or owner who

reasonably should have had knowledge of such alteration based on either

an inspection or repair of a leased premises with consent from the

tenant, shall be subject to a civil penalty of up to seven thousand five

hundred dollars.