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THE CITY OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL PROTECTION

Business Resources


Environmental Control Board

Notice of Opportunity to Comment on Proposed Rule Regarding Penalties for Offenses Adjudicated by the Environmental Control Board and regarding ECB Appeals rules

The Environmental Control Board (ECB) is an administrative tribunal that provides hearings on notices of violation issued by other City agencies for various "quality of life" infractions of the City's laws and rules. As a judicial entity, ECB does not issue notices of violation, does not establish enforcement policies, does not employ inspectors or agents, and does not direct, control or otherwise influence where, when or to whom notices are to be issued. Once a notice of violation is issued, however, the matter may only be resolved through the adjudication process at the Board.

Only persons or entities who have received violations (respondents) are entitled to a hearing and may only have a hearing within the legal time limits. Respondents may also be represented by legal counsel or by any authorized agent who can present the respondent's defense to the charges made by the City.

IF YOU RECEIVE A NOTICE OF VIOLATION

    A notice of violation must be answered in one of four ways:
    1. Pay the mail-in penalty amount indicated on the notice of violation, if appropriate;
    2. Appear in person or by personal representative (who does not have to be an attorney) to present a defense before an administrative law judge at an ECB office; or
    3. Mail a written statement sworn to before a notary public that details your defense to the charges contained in the notice of violation.
    4. ECB payments (checks or credit cards) and violation inquiries can also be made online. To make an inquiry or payment, please visit the NYCServ ePayment Center. You will need the nine digit violation number.

    Failure to answer the notice of violation in one of these three ways before the hearing date indicated on the notice of violation may subject you to significantly higher default penalties. ECB has three full-time and two part-time hearing offices. The three full-time offices are open Monday through Friday from 8:00 a.m. to 3:30 p.m. for hearings, and until 5:00 p.m. for general information. These locations are:

Brooklyn Office
233 Schermerhorn Street, 11th Floor
Brooklyn, NY 11201
(718) 875-7428
FAX (718) 858-0069
Manhattan Office
66 John Street, 10th floor
New York, NY 10038
(212) 361-1400
FAX (212) 361-1900
Queens Office
144-06 94th Avenue
Jamaica, NY 11435
(718) 298-7300
FAX (718) 298-7075
    The locations and hours of the part-time offices are:
Staten Island Office
350 St. Marks Place, Main Floor
Staten Island, NY 10301
Open 1st, 3rd and 4th Wednesday and Thursday of each month.
Appointment required. Call (212) 361-1400.
(718) 815-8541 on hearing days
FAX (718) 815-8391
Bronx Office
1932 Arthur Avenue, 6th Floor
Bronx, NY 10457
Open every Tuesday, Wednesday and 1st and 3rd Thursday of each month for Sanitation Code violations.
Open every 2nd and 4th Thursday of each month for Fire Code Violations.
Open every 1st, 3rd and 4th Friday of each month for Building Code Violations.
(718) 579-6844, 6845 on hearing days
FAX (718) 579-6846

APPEALS (AFTER HEARING):

    If you don't like the decision of the administrative law judge, you may appeal the decision by writing to the Environmental Control Board's Appeals Unit within 30 days after receiving the decision and order. Your appeal is conducted by mail without any further personal appearances. Your statement should include an explanation of why you think your case should be reviewed by the Board. The decision of the Board can then be appealed to State Supreme Court.

HOW LONG SHOULD IT TAKE?

    Each notice of violation has a hearing date indicated on the notice of violation. You must respond to the charges on or before that date. If you choose to appear in person, your hearing may take several minutes or several hours, depending on the charges made by the City enforcement agency. ECB makes every effort to move you through the process quickly.

WHERE TO GET MORE INFORMATION?

    You may obtain additional information by calling one of the numbers indicated above or by contacting:

      Environmental Control Board Executive Office
      Office of the Executive Director
      66 John Street, 10th Floor
      New York, NY 10038
      (212) 361-1400

Last updated June 7, 2006


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