(2) Every notice of violation shall identify the provision of law
charged and shall set forth the factual basis for the violation. Where a
notice of violation does not contain this information, it shall be
dismissed at the request of the respondent or the administrative law
judge may dismiss the notice of violation upon his or her own motion.
d. Where a respondent has failed to plead within the time allowed by
controlling law or, if there is no such controlling law, by the rules of
the bureau, or has failed to appear on a designated hearing date or a
subsequent date following an adjournment, such failure to plead or
appear shall be deemed, for all purposes, to be an admission of
liability and shall be grounds for rendering a default decision and
order imposing a penalty up to the maximum amount prescribed under law
for the violation charged. A default decision and order may be opened
within one year of its entry upon written application showing excusable
default and a defense to the charge; a default decision and order may
thereafter be opened in the discretion of the director only upon written
application showing excusable default, a defense to the charge, and good
cause for the delay.
e. Any final order of the bureau imposing a civil penalty, whether the
adjudication was had by hearing or upon default or otherwise, shall
constitute a judgment rendered by the bureau against the respondent
which may be entered in the city court or other equivalent court of the
municipality or any other place provided for the entry of civil
judgments within the state, and may be enforced against the respondent
and his, her or its property without court proceedings in the same
manner as the enforcement of money judgments entered in civil actions;
provided however that no such judgment shall be entered which exceeds
the jurisdiction of such city court or other court.
f. Notwithstanding the foregoing provision, before a judgment based
upon a default may be so entered the bureau must have notified the
respondent by first class mail in such form as the director may require;
(1) of the default decision and order and the penalty imposed; (2) that
a judgment may be entered in the city court or other equivalent court of
the municipality or any other place provided for the entry of civil
judgments within the state of New York; and (3) that entry of such
judgment may be avoided by requesting a stay of default for good cause
shown and either requesting a hearing or entering a plea pursuant to the
rules of the bureau within thirty days of the mailing of such notice.
g. The bureau shall not enter any final decision or order unless the
notice of violation shall have been served in the same manner as is
prescribed for service of process by article three of the civil practice
law and rules or article three of the business corporation law, except
that:
(1) service of a notice of violation may be made by delivering such
notice to a person employed by the respondent (A) to work on the
premises the occupancy of which caused such violation, or (B) at the
premises at which the respondent actually conducts the business the
operation of which gave rise to the violation, or (C) at the site of the
work with respect to which the violation occurred, or (D) at the place
at which the violation occurred;
(2) service of a notice of violation may be made by certified mail,
return receipt requested; and
(3) a notice of violation of any code or ordinance relating to the
prevention of noise pollution caused by an audible motor vehicle burglar
alarm or relating to the parking, stopping or standing of a motor
vehicle may be served upon the owner of such motor vehicle by affixing
such notice to such vehicle in a conspicuous place.
h. Proof of service made pursuant to this article shall be filed with
the bureau and, where service is made by certified mail pursuant to
paragraph two of subdivision g of this section, shall include the return
receipt evidencing receipt of the notice served by mail. Service shall
be complete ten days after such filing.
i. Where any final decision or order may not be entered and enforced
as a judgment because the amount of civil penalty exceeds the
jurisdictional amount of the city court or other equivalent court of the
municipality, with respect to actions and proceedings for the recovery
of money, such decision or order may be enforced by the commencement of
an action or proceeding for the recovery of such civil penalties in a
court of competent jurisdiction by the municipality.
j. Where service of a notice of violation is not made in a manner
authorized by law for the violation charged, it shall be dismissed at
the request of the respondent or the administrative law judge may
dismiss the notice of violation upon his or her own motion.
Structure New York Laws