304 - Penalties for violations.

§  304.  Penalties  for  violations.  1.  Except  as otherwise in this  section specifically provided, every person who shall violate or  assist  in  the  violation of any provision of this chapter shall be guilty of a  misdemeanor punishable, for a first offense, by a fine of not  exceeding  five  hundred  dollars  or by imprisonment for a period of not exceeding  thirty days, or by both such fine and imprisonment; for the  second  and  any  subsequent offense arising from the failure to remove the violation  upon which the first offense was based, by a fine of not  exceeding  one  thousand  dollars  or  by imprisonment for a period of not exceeding six  months, or by both such fine and imprisonment.    1-a. Every person who shall violate or assist in the violation of  any  provision  of  sections  twenty-nine,  thirty-seven,  sixty-two,  eighty  eighty-one, eighty-three or three hundred twenty-five  of  this  chapter  shall be guilty of an offense. The maximum fine for a first violation of  any  provision  of  such  sections  hereinbefore in this subdivision set  forth, with respect to a particular dwelling, shall  be  fifty  dollars;  the  maximum  fine  for  the  second offense arising from the failure to  remove the violation upon which the first offense was based shall be two  hundred fifty dollars; the maximum fine for the third or any  subsequent  offense  arising from the failure to remove the violation upon which the  first and second offenses were based shall be five hundred dollars. Such  a violation under this subdivision shall not be a crime and the  penalty  or  punishment  imposed  therefor  shall not be deemed for any purpose a  penal or criminal penalty  or  punishment,  and  shall  not  impose  any  disability  upon  or  affect  or impair the credibility as a witness, or  otherwise, of any person convicted thereof.    2. Any person who, having been served with a notice or order to remove  any nuisance or violation, shall fail to comply  therewith  within  five  days  after  such service, or shall continue to violate any provision or  requirement of this chapter in the  respect  named  in  such  notice  or  order,  shall  also  be  subject to a civil penalty of two hundred fifty  dollars.  Such persons shall also be liable for all costs, expenses  and  disbursements incurred by any such department or its agent or contractor  in the removal of any such nuisance or violation.    3. In case the notice required by section three hundred twenty-five is  not  filed,  or the owner of a dwelling does not reside within the state  or cannot after diligent effort be  served  with  process  therein,  the  existence  of a nuisance or of any other violation of this chapter or of  an order or a notice made by the department, shall subject the  dwelling  and lot to a penalty of two hundred fifty dollars.    4.  An  action  may  be  brought  in  any  court  of  competent  civil  jurisdiction  for  the  recovery  of  any  such  penalties,  costs   and  disbursements.    5.  All  penalties  collected  shall  be paid into the treasury of the  city, but no provision of this chapter  shall  prohibit  the  city  from  creating  and  maintaining  out of such penalties a separate fund not in  excess of twenty-five thousand dollars, out of which payment may be made  for repairs made by any department charged with the enforcement of  this  chapter  or  its  agents  or  contractors,  as provided in section three  hundred nine.    6. No civil or criminal liability  or  penalty  shall  attach  to  any  person  who  has  acquired  or  shall  acquire any tenement or converted  dwelling by foreclosure of a mortgage or deed in lieu of foreclosure  of  a  mortgage, because of his failure for a period of six months after the  delivery of the referee's deed in foreclosure or the  delivery  of  such  deed  in  lieu  of  foreclosure,  to  comply with the provisions of this  chapter in reference to such tenement or converted dwelling, provided he  remains the owner thereof. Upon the transfer of  title  by  such  personprior  to  the termination of the said six months, and in any event upon  the termination of such period, such penalties shall apply  as  provided  in this section.    6-a.  No  civil  or  criminal liability or penalty shall attach to any  person who has, by an order of a court, been appointed as a receiver  in  a  foreclosure  action  to  collect  rents, because of his failure for a  period of six (6) months after he qualifies as such receiver, to  comply  with any of the provisions of this chapter.    Upon the receiver's discharge by the court prior to the termination of  such  period,  and in any event upon the termination of such period, the  penalties provided in this section shall thereafter apply.    6-b. No civil or criminal liability or penalty  shall  attach  to  any  person  who  shall  by  operation  of  law become an owner of a multiple  dwelling then or thereafter certified and declared a public nuisance  to  any  extent  pursuant to paragraph b of subdivision one of section three  hundred nine of this chapter, or the holder or beneficial owner of stock  in such owner, if a corporation, because of his failure to  comply  with  any  of  the provisions of this chapter for a period of six months after  he acquires  ownership  of  said  multiple  dwelling  or  the  stock  or  beneficial interest in the stock of a corporation which is the owner.    7.  None  of  the civil or criminal penalties provided in this section  shall apply to any person because of his  failure  to  comply  with  the  provisions  of  section  two  hundred  thirty-three, subdivision four of  section two hundred  thirty-eight,  subdivision  three  of  section  two  hundred forty or subdivisions two and three of section two hundred fifty  in  reference  to any old-law tenement, if he agrees in writing with the  department to comply with such provisions or to vacate or demolish  such  tenement,  within  a  period  not  exceeding  six  months  fixed  by the  department.  Such  agreement  shall  be  in  form  satisfactory  to  the  department,  and  shall  contain  provisions  to  secure the performance  thereof and such other  terms  as  may  be  mutually  agreed  upon.  The  transfer  of title or control by such person, or the termination of such  period  by  limitation,  shall  subject  the  person  then  directly  or  indirectly  in  control  of such tenement to the penalties prescribed by  this section, if violations of such provisions then exist.    8. Whenever a multiple dwelling shall  have  been  declared  a  public  nuisance  to  any  extent  pursuant to paragraph b of subdivision one of  section three hundred nine of this chapter and  such  declaration  shall  have been filed as therein provided, all officers, directors and persons  having  an interest, as holder or beneficial owner thereof, in more than  ten per cent of the issued and outstanding  stock  of  any  corporation,  other  than  a  banking  organization  as  defined in section two of the  banking law, a national banking association, a federal savings and  loan  association,  The  Mortgage  Facilities  Corporation, Savings Banks Life  Insurance Fund, The  Savings  Banks  Retirement  System,  an  authorized  insurer as defined in section one hundred seven of the insurance law, or  a  trust  company  or other corporation organized under the laws of this  state all the capital stock of which is owned by at least twenty savings  banks or a subsidiary corporation all of the capital stock of  which  is  owned  by such trust company or other corporation, then in operation and  control of such multiple dwelling,  shall,  in  addition  to  all  other  liabilities  and  penalties  provided  in this chapter and elsewhere, be  jointly and severally liable  for  all  injury  to  person  or  property  thereafter  sustained  by  any  tenant  of such multiple dwelling or any  other person  by  reason  of  the  condition  constituting  such  public  nuisance  and  for all costs and disbursements including attorneys' fees  of any suit brought by such tenant or other person.9. No civil or criminal liability  or  penalty  shall  attach  to  any  person  by reason of his ownership or beneficial ownership of stock in a  corporation owning a multiple dwelling declared to be a public  nuisance  pursuant to paragraph b of subdivision one of section three hundred nine  of  this  chapter  because  of  his  failure  to  comply with any of the  provisions of this chapter, whose interest in such corporation  is  less  than  twenty-five  per cent of the issued and outstanding stock thereof,  as owner or beneficial owner thereof, and who has sustained  the  burden  of  proving  that  he has not participated directly or indirectly in the  management, operation or control of such multiple dwelling.    10. No criminal liability or penalty shall attach  to  any  person  by  reason   of  his  ownership  or  beneficial  ownership  of  stock  in  a  corporation owning a multiple dwelling declared to be a public  nuisance  pursuant to paragraph b of subdivision one of section three hundred nine  of  this  chapter  because  of  his  failure  to  comply with any of the  provisions of this chapter unless and until  he  has  had  a  reasonable  period of time to comply following his having become an owner as defined  in this chapter.    11. The term "person" as used in this section shall include the owner,  mortgagee   or  vendee  in  possession,  assignee  of  rents,  receiver,  executor,  trustee,  lessee,  agent  or  any  other  person,   firm   or  corporation  directly  or  indirectly  in  control of a dwelling or part  thereof. Whenever a multiple dwelling shall have been declared a  public  nuisance  to  any  extent  pursuant to paragraph b of subdivision one of  section three hundred nine of this chapter and  such  declaration  shall  have  been  filed as therein provided, the term "person" shall be deemed  to  include,  in  addition  to  those  mentioned  hereinabove,  all  the  officers,  directors  and  persons  having  an interest in more than ten  percent of the issued and outstanding  stock  of  the  owner  as  herein  defined,  as  holder  or  beneficial  owner thereof, if such person be a  corporation other than a banking organization as defined in section  two  of  the  banking  law, a national banking association, a federal savings  and loan association, The Mortgage Facilities Corporation, Savings Banks  Life Insurance Fund, The Savings Banks Retirement System, an  authorized  insurer as defined in section one hundred seven of the insurance law, or  a  trust  company  or other corporation organized under the laws of this  state all the capital stock of which is owned by at least twenty savings  banks or a subsidiary corporation all of the capital stock of  which  is  owned by such trust company or other corporation.