Thiele Proposes Larger Penalties for Code Violations

Posted on 26 March 2014

New York State Assemblyman Fred W. Thiele Jr. is co-sponsoring legislation with State Assemblyman Ken Zebrowski of Rockland County that would increase the penalties for building code violations when the condition is deemed an imminent threat to the safety and welfare of the building’s occupants by the local government.

The bill provides for graduated penalties for repeat offenders. A first-time violation would carry a fine of no less than $1,000 and no more than $5,000. A second violation would carry a fine of no less than $5,000 and no more than $10,000. A third violation would result in a fine not less than $10,000 per day of violation or imprisonment not exceeding one year, or both.

“The current law allows for a wide range of discretion in handing down penalties for failure to correct building code violations,” said Assemblyman Thiele, a former Southampton Town supervisor and town attorney. “The penalty structure is often viewed by violators as nothing more than a cost of doing business. However, some violations create an immediate threat to the safety of the occupants and emergency responders. These violations must be taken more seriously in order to deter this conduct and protect the public safety. This bill will implement minimum fines for violations that put lives in danger and will make property owners more accountable.”

In addition to the new legislation increasing penalties, Mr. Thiele also has sponsored a bill that would give local justice courts the power to issue injunctions to stop serious building and zoning violations. Currently, local governments must go to state Supreme Court to obtain such relief.

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