New York Multiple Dwelling Code § 304

Penalties for violations
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§ 304. Penalties for violations. 1. Except as otherwise in this\nsection specifically provided, every person who shall violate or assist\nin the violation of any provision of this chapter shall be guilty of a\nmisdemeanor punishable, for a first offense, by a fine of not exceeding\nfive hundred dollars or by imprisonment for a period of not exceeding\nthirty days, or by both such fine and imprisonment; for the second and\nany subsequent offense arising from the failure to remove the violation\nupon which the first offense was based, by a fine of not exceeding one\nthousand dollars or by imprisonment for a period of not exceeding six\nmonths, or by both such fine and imprisonment.\n  1-a. Every person who shall violate or assist in the violation of any\nprovision of sections twenty-nine, thirty-seven, sixty-two, eighty\neighty-one, eighty-three or three hundred twenty-five of this chapter\nshall be guilty of an offense. The maximum fine for a first violation of\nany provision of such sections hereinbefore in this subdivision set\nforth, with respect to a particular dwelling, shall be fifty dollars;\nthe maximum fine for the second offense arising from the failure to\nremove the violation upon which the first offense was based shall be two\nhundred fifty dollars; the maximum fine for the third or any subsequent\noffense arising from the failure to remove the violation upon which the\nfirst and second offenses were based shall be five hundred dollars. Such\na violation under this subdivision shall not be a crime and the penalty\nor punishment imposed therefor shall not be deemed for any purpose a\npenal or criminal penalty or punishment, and shall not impose any\ndisability upon or affect or impair the credibility as a witness, or\notherwise, of any person convicted thereof.\n  2. Any person who, having been served with a notice or order to remove\nany nuisance or violation, shall fail to comply therewith within five\ndays after such service, or shall continue to violate any provision or\nrequirement of this chapter in the respect named in such notice or\norder, shall also be subject to a civil penalty of two hundred fifty\ndollars.  Such persons shall also be liable for all costs, expenses and\ndisbursements incurred by any such department or its agent or contractor\nin the removal of any such nuisance or violation.\n  3. In case the notice required by section three hundred twenty-five is\nnot filed, or the owner of a dwelling does not reside within the state\nor cannot after diligent effort be served with process therein, the\nexistence of a nuisance or of any other violation of this chapter or of\nan order or a notice made by the department, shall subject the dwelling\nand lot to a penalty of two hundred fifty dollars.\n  4. An action may be brought in any court of competent civil\njurisdiction for the recovery of any such penalties, costs and\ndisbursements.\n  5. All penalties collected shall be paid into the treasury of the\ncity, but no provision of this chapter shall prohibit the city from\ncreating and maintaining out of such penalties a separate fund not in\nexcess of twenty-five thousand dollars, out of which payment may be made\nfor repairs made by any department charged with the enforcement of this\nchapter or its agents or contractors, as provided in section three\nhundred nine.\n  6. No civil or criminal liability or penalty shall attach to any\nperson who has acquired or shall acquire any tenement or converted\ndwelling by foreclosure of a mortgage or deed in lieu of foreclosure of\na mortgage, because of his failure for a period of six months after the\ndelivery of the referee's deed in foreclosure or the delivery of such\ndeed in lieu of foreclosure, to comply with the provisions of this\nchapter in reference to such tenement or converted dwelling, provided he\nremains the owner thereof. Upon the transfer of title by such person\nprior to the termination of the said six months, and in any event upon\nthe termina

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