ECB Properly Imposed Penalties

The ECB assessed civil penalties of $25,600 against landlord after landlord didn't answer the DEP's notices of violation of the air pollution control code. Landlord claimed that it didn't get the notices, which were served by mail and not personally. Landlord appealed the fines. The trial court found the ECB's order unenforceable because, by law, the DEP should have personally given landlord the notices of violation. The ECB appealed, and the appeals court reversed. New York City Charter Section 1404(d) (2) requires personal service of violation notices, only if the ECB will enforce the judgment itself by administratively docketing the judgment based on those violations in court. The DEP can serve the violation notice by mail and have the ECB ask a court to enforce the judgment.

City of New York Environmental Control Board v. HSC Management Corp.: NYLJ, p. 25, col. 1 (3/18/93) (App. Div. 1 Dept.; Murphy, PJ, Carro, Rosenberger, Asch, Kassal, JJ)