Article 213 Penalty for Work Without a Permit

In addition to any penalties otherwise authorized by law pursuant to article 202 and the rules of the department, whenever any work for which a permit is required pursuant to this code has been performed without a permit, a penalty shall be imposed by the department as provided in this article.

*Section 28-213.1 was amended by Local Law 28 of 2019. This law has an effective date of February 9, 2019.

Where work has been performed without a permit on a one-family or two-family dwelling the penalty shall equal six times the amount of the fee payable for the permit. Where only part of the work has been performed without a permit, the penalty shall be reduced proportionately according to the amount of work still to be performed at the time a permit is issued. Notwithstanding the foregoing, no such penalty shall be less than $600, nor more than $10,000.

*Section 28-213.1.1 was amended by Local Law 156 of 2017. This law has an effective date of December 28, 2017.

The penalty for work without a permit on buildings other than one or two-family dwellings shall be 21 times the amount of the fee payable for such permit. Where only part of the work has been performed without a permit, the penalty shall be reduced proportionately according to the amount of work still to be performed at the time a permit is issued. Notwithstanding the foregoing, no such penalty shall be less than $6,000, nor more than $15,000.

*Section 28-213.1.2 was amended by Local Law 156 of 2017. This law has an effective date of December 28, 2017.

Such penalty and the permit fee shall be payable by the owner of the building on which the unpermitted work was performed. A waiver or reduction of such penalty shall be available to a subsequent bona fide purchaser of the premises pursuant to department rules.

No permit shall be issued for work described in this article until the penalty assessed by the department pursuant to this article has been paid.

The department shall adopt a rule setting forth a procedure for assessment of penalties pursuant to this article.

The department shall compile and maintain a watch list of contractors who have been found to have performed work without a required permit in the preceding two years.

*Section 28-213.5 was added by Local Law 155 of 2017. This law has an effective date of December 28, 2017.

At any site where a contractor that is included on the watch list created pursuant to section 28-213.5 performs work in an occupied building, the department shall perform one or more inspections in order to ensure compliance with applicable laws, rules, regulations and permitting requirements. The department may promulgate rules providing for additional oversight of such contractors where appropriate for the protection of the public.

*Section 28-213.5.1 was added by Local Law 155 of 2017. This law has an effective date of December 28, 2017.

Any work performed by a contractor that is wholly or partially exempt from a civil penalty for work performed without a permit pursuant to a rule of the department shall not be considered in determining whether the contractor is to be included on the watch list created pursuant to section 28-213.5.

*Section 28-213.5.2 was added by Local Law 155 of 2017. This law has an effective date of December 28, 2017.

The department shall remove from the watch list created pursuant to section 28-213.5 any contractor who has not been found to have performed work without a permit in the two years after the latter of the following dates: (i) the date on which such contractor was originally placed on such watch list or (ii) the date on which such contractor most recently performed work without a required permit.

*Section 28-213.5.3 was added by Local Law 155 of 2017. This law has an effective date of December 28, 2017.

Where a penalty is imposed pursuant to this article for work that has been performed without a permit on a building (i) the civil penalty for each violation of this code issued for such building within one year after such imposition shall be two times the penalty that would otherwise apply for such violation or (ii) if such work without a permit was performed on only part of such building and the owner of such part is not the owner of such building, the civil penalty for each violation of this code issued for such part within one year after such imposition shall be two times the penalty that would otherwise apply for such violation.

*Section 28-213.6 was added by Local Law 158 of 2017. This law has an effective date of August 30, 2018.

Where a penalty is imposed pursuant to this article for work that has been performed without a permit on a building (i) the department may impose an inspection fee, in an amount to be established by rule, for each complaint-based inspection it conducts at such building within one year after imposition of such penalty where such inspection results in the issuance of a violation or (ii) if such work without a permit was performed on only part of such building and the owner of such part is not the owner of such building, the department may impose an inspection fee, in an amount to be established by rule, for each complaint-based inspection it conducts at only such part within one year after imposition of such penalty or until the date such part of such building changes owners, whichever is sooner, where such inspection results in the issuance of a violation.

*Section 28-213.7 was added by Local Law 158 of 2017. This law has an effective date of August 30, 2018.