How do I remove a DSNY Violation?
DSNY issues Notices of Violation (NOV) via OATH.
If you have received a DSNY violation, you have a few options:
- Admit to the violation and pay the mail-in penalty (If you choose to admit to the violation, read the instructions on the back of your NOV. In some cases, the front of the NOV may say that you must appear at ECB even if you wish to admit to the charge); OR
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You can contest the NOV in person or by your authorized representative.
If you choose to contest the NOV in person, you will have an opportunity to present your defense and any documentary evidence to an Administrative Law Judge; OR - In many cases, you may present a defense by mail, online, or by phone—except in those instances which specifically state that you must be present at the hearing. Cases most suitable for mail adjudication are those where the defense is supported by documentary evidence (deed, permit, license, etc.) such as violations on the property that you did not own on the date the NOV was issued.
Follow the instructions located on your NOV for further guidance. For OATH locations or hours, to reschedule a hearing, and for all other questions, call the NYC Customer Service Center at 311 or visit https://www1.nyc.gov/site/oath/clerks-office/reschedule-upcoming-hearings.page.
Avoid Repeat Offenses
Per the DSNY, any person who has pled or been found guilty or in default by the Environmental Control Board (ECB) for 12 or more Notices of Violation within a 12-month period will be deemed a repeat violator.
Repeat violator designation applies even if the penalties are paid. Repeated infractions may cause the base penalty for each violation to increase, sometimes as much as 5 times the original amount. Don’t give inspectors a reason to revisit your property – if you see them onsite, ask them how you can comply with current regulations and avoid getting future violations.
Repeat Sanitation violations carry higher fines. In this case, different infractions are grouped into one of two categories for classifying Repeats:
- Group One (*) Repeat violations must be the same infraction incurred by the same-named respondent, within 12 months of the dates of 12 or more violations issued to that same respondent, and it must be at the same location as the previous 12 violations
- Group Two (**) violations are second or third violations of the same code of law as the previous violation (or second) and must occur within 12 months of the date of the last violation issued to the same respondent
The biggest difference is that Group One violations are more location-specific (dirty sidewalk, dirty area, failure to clean 18″, etc.) and Group Two violations are individual offenses (littering, spitting, etc.).