A.
Whenever the Commissioner of Public Works is satisfied
that a building or structure, or any work in connection therewith,
the erection, construction or alteration, execution or repair of which
is regulated, permitted or forbidden by this chapter, is being erected,
constructed, altered or repaired in violation of the provisions or
requirements of this chapter or in violation of a detailed statement
or plan submitted and approved thereunder or of a permit or certificate
issued thereunder, he may serve a written notice or order upon the
person responsible therefor directing discontinuance of such illegal
action and the remedying of the condition that is in violation of
the provisions or requirements of this chapter.
B.
In case such notice or order is not promptly complied
with, the Commissioner of Public Works shall request the Corporation
Counsel to institute an appropriate action or proceeding at law or
in equity to restrain, correct or remove such violation or the execution
of work thereon or to restrain or correct the erection or alteration
of or to require the removal of or to prevent the occupation or use
of the building or structure erected, constructed or altered in violation
of or not in compliance with the provisions of this chapter or with
respect to which the requirements thereof or of any order or direction
made pursuant to provisions contained therein, shall not have been
complied with.
Whenever, in the opinion of the Commissioner
of Public Works, by reason of defective or illegal work in violation
of a provision or requirement of this chapter, the continuance of
a building operation is contrary to public welfare, he may order,
either orally or in writing, all further work to be stopped and may
require suspension of work until the condition in violation has been
remedied.
[Amended 10-13-1992; 2-8-1999; 1-23-2006]
A.
A person who shall violate a provision of this chapter
or of the New York State Uniform Fire Prevention and Building Code
or fail to comply therewith or with any of the requirements thereof
or any order issued by the Commissioner of Public Works or who shall
erect, construct, alter or repair, or has erected, constructed, altered
or repaired, a building or structure in violation of a detailed statement
or plan submitted and approved thereunder, or of a permit or certificate
issued thereunder, shall be guilty, upon conviction, of an offense
punishable by a fine of not less than $250 nor more than $1,000 or
by imprisonment for a period not exceeding 15 days, or by both such
fine and imprisonment. Each day that a violation is permitted to exist
shall constitute a separate offense.
B.
The owner of a building, structure or premises where
anything in violation of this chapter or of the New York State Uniform
Fire Prevention and Building Code shall be placed or shall exist,
and an architect, builder, contractor, agent, person or corporation
employed in connection therewith and who may have assisted in the
commission of such violation, shall each be guilty, upon conviction,
of a separate offense and shall be punished as herein provided.
The imposition of the penalties herein prescribed
shall not preclude the Corporation Counsel from instituting an appropriate
action or proceeding to prevent an unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
or to restrain, correct or abate a violation, or to prevent the occupancy
of a building, structure or premises, or to prevent an illegal act,
conduct, business or use in or about any premises.
