Have NYC ECB Violations In Judgement? How Does An Amnesty Program Sound?

By | September 15, 2016
Photo: NYC.gov

Photo: NYC.gov

Beginning September 12, 2016 and running through December 12, 2016, NYC under certain conditions is offering amnesty for ECB violations that are in judgement!

These are some of the most frequently asked questions and explanations.

Forgiving Fines: The NYC Amnesty Program

Frequently Asked Questions

1. What is “Forgiving Fines: The NYC Amnesty Program”?

It’s a three-month program authorized by Mayor de Blasio and the City Council that allows participants to resolve violations they received from New York City’s Department of Sanitation, Buildings, Transportation, Fire Department, Landmarks, Parks or other City of New York (City) agencies and which are now in judgment. The program is run by the New York City Department of Finance (DOF).

2. Are parking tickets part of the NYC Amnesty Program?

No, parking tickets are not part of the NYC Amnesty Program.

3. How long will the amnesty program last?

The program starts on September 12, 2016, and continues through December 12, 2016. To receive amnesty, you must pay all of your violations that are in judgment on or before December 12, 2016.

4. Who can participate in the amnesty program?

Any business or individual who is named on a violation judgment that has been adjudicated by the Environmental Control Board (ECB) may participate. Violations that are part of an installment agreement or other resolution agreement for the payment of ECB judgments with the Department of Finance, a City Marshal, the Sheriff or Law Department or an outside collection agency are not eligible for this amnesty program. Also, any business or individual who applied for the 2009 Penalty Relief Program and who neglected to resolve all of their debt will no longer be eligible for on any violation that was part of the 2009 program.

5. How do I qualify for amnesty?

To qualify for amnesty, you must pay and admit liability for all outstanding violations in judgment that belong to you. By selecting and paying for your violations online via the Amnesty CityPay application on our Amnesty Home Page , you admit liability.

6. What does it mean for a violation to be “in judgment”?

This means the City has taken the legal step of filing a public record of your liability in court for the entire amount due, plus additional interest. The court record gives the City the authority to take your real and personal property under certain circumstances to pay the liability. Only judgments filed in court prior to June 12, 2016, are eligible for the program.

7. What kinds of violations does the program cover?

The program covers two types of violations: those that only require payment and those that require both payment and corrective action. If a violation requires only a payment, it is considered a “Schedule A” violation. A violation that requires a condition to be corrected is known as a compliance violation and will be listed on “Schedule B.” You must pay at least 25% of the amnesty amount due for every Schedule B violation that you owe by the end of the program. You then have six months from your initial payment date to correct the violation and pay the remaining balance. You may also choose to pay the entire resolution amount before the end of the program and still have six months to correct.

8. What are the most common violations?

Below are some of the most common violations:

  • Illegal Posting of Handbill or Notice
  • Snow, Ice or Dirt on Sidewalk
  • Improper Storage of Receptacles
  • Improper or Misused Recycling Containers
  • Improper Disposal of Trash or Recyclables
  • Failure to Comply With an Order of the Commissioner
  • Failure to Properly place Recyclables for Collection
  • Work without a Permit
  • Failure to Conduct Required Inspections and Tests
  • Failure to submit Affidavits, Design/Installation or Other Documents
  • Vending Merchandise or Food in a Restricted Area

9. How do I find my violations that are eligible for amnesty?

People or business owners named on violations can search for their violations and pay the amount due under the amnesty program. For judgments where you (the person named on the violation) did not attend a hearing, the amnesty amount due will be the base penalty without additional penalties for failing to attend the hearing (known as default penalties) or interest. If you did attend a hearing, you may resolve your judgments by paying only 75% of the base penalty amount, also without interest (a discount of 25% off the original base penalty amount). To pay these reduced amnesty amounts, you must pay the full amount for all the eligible judgments you owe by December 12, 2016.

Starting on September 12, 2016 you will be able to search for and pay for your violations in judgment, visit the Amnesty CityPay application on our Amnesty Home Page.

10. How much do I have to pay to receive amnesty?

For judgments where you (the person named on the violation) did not attend a hearing, the amnesty amount due will be the base penalty without additional penalties for failing to attend the hearing (known as default penalties) or interest. If you did attend a hearing, you may resolve your judgments by paying only 75% of the base penalty amount, also without interest (a discount of 25% off the original base penalty amount). To pay these reduced amnesty amounts, you must pay the full amount for all the eligible judgments you owe by December 12, 2016.

11. How does the NYC Amnesty Program work?

During the amnesty program, the City will reduce certain penalties and waive interest that has been added to the base penalty amounts on violations in judgment under the following conditions:

  • If the individual or business named on a Schedule A violation pays the full amount due for the violation by December 12, 2016
  • • If the individual or business named on a Schedule B violation pays at least 25% of any Schedule B violations (if applicable) by the end of the program and corrects the Schedule B violation within six months of its initial payment.Please note: If you pay 25% of the amount due on your Schedule B violation by the end of the program, you will have an additional six months not only to correct the violation but also to pay the balance.

12. How do I find out if I have violations adjudicated by the Environmental Control Board that are in judgment?

Visit the Amnesty CityPay application on our Amnesty Home Page to search and pay.

13. Can I make multiple payments throughout the three-month program?

Yes, if you are unable to find all of your outstanding judgment violations using a single search, you may continue to search and pay for your violations throughout the three-month program. DOF will send you a list of additional violations if you have neglected to pay for all of the violations listed under your name when you perform a search. You must resolve and admit liability for all the debt you owe to receive amnesty. If you fail to do so, you will not be eligible for the reduced amnesty amounts due on any of the violations, including the violations for which you are making payment.

14. I did not know I had amnesty-eligible violations and made a payment. Can I get amnesty on those?

Contact DOF via nyc.gov/contactamnesty or call 212-440-5300

15. What if I can’t make my payments by December 12, 2016?

DOF will only resolve your violations through Forgiving Fines: The NYC Amnesty Program if you pay for all your eligible violations that are in judgment on or before December 12, 2016. To qualify for amnesty, a person or business named on a violation must pay and admit liability for all their eligible violations. By selecting and paying for your violations online through the Amnesty CityPay application, you admit liability.

16. What if I can’t correct the violation in six months?

DOF will only resolve your violations through the NYC Amnesty Program if you pay 25% of every compliance violation that you owe by December 12, 2016, and correct and pay the balance six months from your initial payment date.

17. Why is my corrected violation coming up as a Schedule B violation in the NYC Amnesty Program?

Your corrected violation may appear on Schedule B instead of Schedule A because the Department of Finance may not have received the updated correction information from the issuing agency. If you have corrected the violation, please contact us to learn how to send proof or call 212-440-5300.

18. Where do I submit proof of the correction of my violation?

please contact us to learn how to send proof or call 212-440-5300. If you are not sure what action to take to correct a violation, you may need to contact the issuing agency as indicated on the violation itself. If you do not have a copy of the violation and need information on the issuing agency, please contact DOF at nyc.gov/contactamnesty or call 212-440-5300.

19. How do I pay the balance of my corrective action violation now that I have corrected it?

You may continue to pay for your corrective action violations on the Amnesty CityPay application as long as the correction occurs within six months of your deposit.

20. Where do I go if I have questions about my violations?

Call 311 and ask to be directed to the NYC Department of Finance Collections Division for questions about the Forgiving Fines program.

Thanks to Andrew Saluk of NEFCU (asaluk@mynefcu.org), Business Lending Officer, for bringing this to our attention.

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