Property owners and other qualifying individuals will be given additional time following a disaster to make repairs and clear their property, without incurring penalties for certain municipal violations. Two new disaster recovery laws adopted by the New York City Council take effect August 8, 2016, and apply retroactively to situations that arose following Hurricane Sandy.
Building Code Violations: Exceptions
Int. 1037-A adds provisions to the city’s Construction and Sanitation Codes that apply for a period of time following a disaster, or while property is covered by a city disaster recovery program.
For 90 days following a “natural or man-made disaster,” penalties arising from a Construction Code violation will not be enforced against covered individuals, provided the violation is corrected within 40 days of the disaster period. Penalties are waived for 6 months following a “major” disaster, also provided that the violation is corrected within the next 40 days. The Building Commissioner may grant additional time on a case by case basis.
The law does not create a blanket exception to violations issued during the disaster period, however. The exception applies only to violations connected to the disaster. For example, Continue reading “After Hurricane Sandy: Disaster Recovery Laws Shield NYC Property Owners From Municipal Penalties”