Utica, N.Y., Code of Ordinances ch. 2-12 § 2-12-5
Penalties for violations
Operative Text
(a) Definition. In this section, "person" shall include the owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person directly or indirectly in control of a building or part of a building. (b) Penalties. Offenses under this chapter shall be designated violations. Each day the alleged condition shall exist shall be considered a separate violation. Any person who shall knowingly and willfully violate or assist in the violation of this chapter shall, upon conviction, be punished as follows: (1) A person convicted of violation of this part shall be punished by a fine not exceeding $500, imprisonment for a term not exceeding 15 days or any combination thereof. (2) Notwithstanding the provisions of Subsection (b)(1) above, any person who shall violate Sections 2-12-142, 2-12-145, 2-12-146, 2-12-288 or 2-12-289 shall be guilty of a violation. Upon conviction thereof, such violation shall be punishable by a fine of not less than $500 and not more than $1,000 or imprisonment for not more than five days, or both for each violation for the first such conviction, by a fine of not less than $500 nor more than $1,500 or imprisonment for not more than 10 days or both for the second such conviction within one year of the first conviction, and by a fine of not less than $500 nor more than $2,000 or imprisonment for not more than 15 days or both for each subsequent conviction within one year of the first conviction. A justice of the court, and in the interest of justice, may impose a lesser penalty or no penalty, for good cause shown or extenuating circumstances. The justice shall place the reason for deviating from the mandatory penalty on the record at the time of sentencing. (3) In any case, the court may offer community service as an alternative or in addition to such fine or imprisonment. (4) In addition to the penalty provided for in Subsection (b)(1), (2), or (3) above, any person convicted of a violation of this chapter shall pay all expenses, including administrative costs to the City, incurred in a removal or abatement of the illegal condition.
Utica, N.Y., Code of Ordinances ch. 2-12 § 2-12-5 establishes penalties for violations of the city's housing code, defining 'person' broadly to include owners, occupants, agents, and others who control a building or part of one. Each day a violating condition persists counts as a separate offense, meaning fines and other penalties can accumulate over time. For most violations, conviction can result in a fine up to $500 and/or up to 15 days of imprisonment, while violations of specific sections carry escalating fines between $500 and $2,000 depending on the number of prior convictions within a year. Convicted parties may also be required to reimburse the City for administrative and abatement costs.
Plain English — not legal advice.
Under ch. 2-12 § 2-12-5, property owners and managers in Utica are broadly covered by the penalty provisions — the ordinance's definition of 'person' extends to owners, lessees, agents, and anyone else in control of a building. Operators who maintain properties in continuous compliance with the housing code avoid the compounding effect of per-day violations, which can quickly multiply financial exposure. Those responsible for buildings generally keep records of inspections, repairs, and corrective actions so that any alleged condition can be shown to have been promptly addressed, and they remain aware that certain specific code sections carry mandatory minimum fines starting at $500 per conviction.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ch. 2-12 § 2-12-5 gives tenants context for understanding how Utica enforces its housing code against those who control residential buildings, including owners and their agents. Because each day a violating condition persists is treated as a separate violation, tenants who document ongoing problems — with dated photos, written complaints, and records of communications — may support enforcement actions by the City. Tenants who believe their building has uncorrected code violations can report conditions to the appropriate Utica municipal authority, and may wish to consult a tenant-rights organization to understand how this provision's penalty structure relates to their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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