Homeowners / managing agents (supers) across the New York City are responsible to put out a trash during the regulated days and times. These days and times are codified under NY Admin. Code § 116-120(c) and specified on the New York City Department of Sanitation (“DSNY”) website. DSNY, in turn, can issue tickets for non-compliance. First time ticket is $50, which prompts many responsible parties to just pay it off. However, there is a catch for repeated violators:
f. Any person violating the provisions of this section, except subdivision e, shall be liable for a civil penalty of $50 for the first violation, $100 for a second violation within any twelve-month period, and $200 for a third or subsequent violation within any twelve-month period. Any person violating the provisions of paragraph (1) of subdivision e of this section shall be liable for a civil penalty of $100 for the first violation, $250 for a second violation within any twelve-month period, and $350 for a third or subsequent violation within any twelve-month period. Any person violating the provisions of paragraph (2) of subdivision e of this section shall be liable for a civil penalty $75 for the first violation, $300 for a second violation within any twelve-month period, and $400 for a third or subsequent violation within any twelve-month period.
Regulatory penalty regime for DSNY adopts an increasing fee pattern, almost like “buy one get one free,” but in reverse order: violate twice, pay at 50% increase; violate three times, pay 50% on top of that.
In light of these so-called “deals,” paying off the first ticket – if one has a bona fide challenge – may not be a good idea. Some homeowners / managing agents may find this as a surprise.
