NYCL AGO 95-53.

• Case Date: December 05, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-53. December 5, 1995Informal Opinion No. 95-53William G. Mayer, Esq. Acting Town Attorney Town of Genoa P. O. Box 33 Kings Ferry, NY 13081COUNTY LAW § 700(1); CRIMINAL PROCEDURE LAW §§ 1.20(18), 420.10; GENERAL MUNICIPAL LAW § 136; VEHICLE AND TRAFFIC LAW § 155.The provisions of the Criminal Procedure Law, including section 420.10, are applicable to fines imposed under General Municipal Law § 136 and under the New York State Uniform Fire Prevention and Building Code.Dear Mr. Mayer: You have asked whether Criminal Procedure Law § 420.10, which provides that the District Attorney may collect fines in the same manner as a judgment in a civil action, applies to fines imposed by a Town Justice Court for violations of General Municipal Law § 136, the New York State Uniform Fire Prevention and Building Code or local ordinances providing for local enforcement of that code. General Municipal Law § 136(15) provides that violators of the section, which regulates automobile junk yards, are guilty of an offense punishable by a fine not exceeding $100 with each week of noncompliance constituting a separate violation. Generally, persons failing to remedy conditions that are in violation of the State Uniform Fire Prevention and Building Code or any owner, builder, architect, contractor, etc., who knowingly violates any provision of the Uniform Code or lawful order of a local government or of the Secretary of State thereunder, may be punished by a fine of not more than $1000 per day of violation, or imprisonment for not more than one year or both. Executive Law, § 382(2); see also, § 378(5)(h), establishing a $250 fine for a violation of standards for heating appliances. We note that under section 379 of the Executive Law more stringent local regulations, replacing the Uniform Code, are authorized. Under the Penal Law, an "offense" is conduct for which a sentence to a term of imprisonment or a fine is provided by any State law or local law of a political subdivision of the State. Penal Law § 10.00(1). A "violation" is an offense, other than a traffic infraction, for which a sentence to a term of imprisonment in excess of 15 days cannot be imposed. A "misdemeanor" is an offense, other than a traffic infraction, for which a sentence to a term of imprisonment in excess of 15 days but not...