Can NY towns use the civil fine-collection process under CPL § 420.10 for unpaid junkyard fines and building-code violations?

Subject

CPL § 420.10's civil fine-collection mechanism applies to General Municipal Law § 136 and Uniform Code prosecutions in town court

Plain-English summary

The Town of Genoa's acting town attorney asked whether the District Attorney could use Criminal Procedure Law § 420.10's civil-collection mechanism (which allows fines to be collected like civil judgments) to collect fines imposed by a town justice court for junkyard violations under General Municipal Law § 136 and for State Uniform Fire Prevention and Building Code violations.

The AG said yes.

The analysis classified the offenses. Under the Penal Law, an "offense" is conduct for which any state or local law imposes a fine or imprisonment. A "violation" is an offense (other than a traffic infraction) carrying no more than 15 days' imprisonment; a "misdemeanor" is an offense (other than a traffic infraction) carrying more than 15 days but no more than one year. (Penal Law § 10.00.)

General Municipal Law § 136(15) makes junkyard violations punishable by a fine up to $100 per week of non-compliance with no jail term, putting them in the violation category.

Executive Law § 382 makes most violations of the State Uniform Fire Prevention and Building Code punishable by up to $1,000/day and/or up to one year in jail, putting them in the misdemeanor category.

Both categories are prosecuted in local criminal courts under the Criminal Procedure Law. The AG cited Op Atty Gen (Inf) 91-3 (offenses under local laws classified as violations are adjudicated under the CPL) and Op Atty Gen (Inf) 90-8 (the DA is responsible for prosecuting GML § 136 offenses, which are violations). Section 420.10(6) does not exclude minor offenses, so its civil-collection mechanism is available.

How § 420.10(6) works. The court issues a written order specifying the fine, restitution, or reparation. The order directs the DA to file a certified copy with the county clerk (the supreme court itself files in supreme-court cases). The county clerk enters the order in the same manner as a civil judgment under CPLR 5016. The DA may then enforce collection like any civil judgment, even if the defendant has already served jail time for non-payment. The DA may institute collection proceedings at her or his discretion or must do so upon court order.

The footnote addresses prosecutorial delegation. County Law § 700(1) requires the DA to prosecute crimes and offenses cognizable in the county's courts, but allows the DA to consent to appearance by other public officials or private attorneys for petty crimes and offenses. Earlier opinions (Op Atty Gen (Inf) 90-8, 92-34, 89-25) confirmed that towns and villages can have town attorneys, village attorneys, or other designated counsel prosecute violations and building-code matters with DA consent. Those delegated prosecutors can use the same collection mechanism the DA could.

Currency note

This opinion was issued in 1995. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Why does it matter that fines can be collected as civil judgments?

Because criminal-fine collection on its own is weak. If a defendant just refuses to pay, the court can use contempt power, but that requires further proceedings. Civil judgment enforcement (wage garnishment, bank account levy, real property liens) is well-developed and more efficient. CPL § 420.10(6) gives the DA a path into that enforcement infrastructure.

Does the violation/misdemeanor distinction matter for collection?

For the underlying prosecution, yes (procedure differs in some respects). For § 420.10 collection, the practice commentary the AG cited suggests broad application: the section "governs the procedure for collecting monetary payments imposed upon individuals convicted of offenses." Both violations and misdemeanors generate convictions and fines, and both fall within § 420.10's reach.

Can a town attorney enforce the fines instead of the DA?

Yes, with the DA's consent under County Law § 700(1). The DA may delegate prosecution of petty crimes and offenses to other public officials or private attorneys. Once delegated, the prosecuting attorney has the same authority the DA would have, including the § 420.10 civil enforcement mechanism.

Does the defendant's jail time wipe out the unpaid fine?

No. Section 420.10(6)(a) explicitly says: "Even if the defendant was imprisoned for failure to pay such fine, restitution or reparation, or has served the period of imprisonment imposed, such order after entry thereof pursuant to this subdivision may be collected in the same manner as a judgment in a civil action." Jail time and fine collection are separate.

What about Vehicle and Traffic Law § 155?

The opinion cites this provision in its header reference but does not analyze it separately. Section 155 of the Vehicle and Traffic Law defines traffic infractions and would be relevant if traffic infractions were at issue. The Genoa town attorney was asking about junkyards and the building code, so the focus stayed there.

Statutory framework

General Municipal Law § 136 regulates automobile junk yards. Section 136(15) makes violations punishable by a fine not exceeding $100, with each week of noncompliance constituting a separate violation. These are violations under Penal Law § 10.00(4).

Executive Law § 382 sets penalties for State Uniform Fire Prevention and Building Code violations: up to $1,000/day for general violations and one-year jail term in some cases, putting most in the misdemeanor category. Executive Law § 379 allows more stringent local regulations. Executive Law § 378(5)(h) sets a $250 fine for violations of heating-appliance standards.

Criminal Procedure Law § 1.20(18) and Article 100 govern commencement of actions in local criminal courts for violations and misdemeanors.

Criminal Procedure Law § 420.10(6) provides for civil-judgment-style fine collection.

County Law § 700(1) requires DA prosecution of offenses but permits delegation for petty crimes and offenses.

Penal Law § 10.00 defines "offense," "violation," and "misdemeanor."

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_95-53_pw.pdf

Original opinion text

COUNTY LAW § 700(1); CRIMINAL PROCEDURE LAW §§ 1.20(18), 420.10; GENERAL MUNICIPAL LAW § 136; VEHICLE AND TRAFFIC LAW § 155.

The provisions of the Criminal Procedure Law, including section 420.10, are applicable to fines imposed under General Municipal Law § 136 and under the New York State Uniform Fire Prevention and Building Code.

December 5, 1995

William G. Mayer, Esq.
Acting Town Attorney
Town of Genoa
P. O. Box 33
Kings Ferry, NY 13081

Informal Opinion
No. 95-53

Dear Mr. Mayer:

You have asked whether Criminal Procedure Law § 420.10, which provides that the District Attorney may collect fines in the same manner as a judgment in a civil action, applies to fines imposed by a Town Justice Court for violations of General Municipal Law § 136, the New York State Uniform Fire Prevention and Building Code or local ordinances providing for local enforcement of that code.

General Municipal Law § 136(15) provides that violators of the section, which regulates automobile junk yards, are guilty of an offense punishable by a fine not exceeding $100 with each week of noncompliance constituting a separate violation. Generally, persons failing to remedy conditions that are in violation of the State Uniform Fire Prevention and Building Code or any owner, builder, architect, contractor, etc., who knowingly violates any provision of the Uniform Code or lawful order of a local government or of the Secretary of State thereunder, may be punished by a fine of not more than $1000 per day of violation, or imprisonment for not more than one year or both. Executive Law, § 382(2); see also, § 378(5)(h), establishing a $250 fine for a violation of standards for heating appliances. We note that under section 379 of the Executive Law more stringent local regulations, replacing the Uniform Code, are authorized.

Under the Penal Law, an "offense" is conduct for which a sentence to a term of imprisonment or a fine is provided by any State law or local law of a political subdivision of the State. Penal Law § 10.00(1). A "violation" is an offense, other than a traffic infraction, for which a sentence to a term of imprisonment in excess of 15 days cannot be imposed. A "misdemeanor" is an offense, other than a traffic infraction, for which a sentence to a term of imprisonment in excess of 15 days but not in excess of one year may be imposed. Id., § 10.00(4). See also, Penal Law § 80.05(3) and (4) regarding the imposition of fines.

Thus, the penalty under section 136(15) is a violation, while under Executive Law § 382 the penalty is a misdemeanor. The procedure for commencement of actions in local criminal courts for the commission of violations and misdemeanors is governed by the Criminal Procedure Law. Criminal Procedure Law, Art 100, § 1.20(39). We have concluded that offenses under local laws that are classified as violations must be adjudicated in accordance with the Criminal Procedure Law. Op Atty Gen (Inf) No. 91-3. In another prior opinion, we also concluded that the District Attorney is responsible for prosecuting offenses under General Municipal Law § 136, which are classified as violations. Op Atty Gen (Inf) No. 90-8. Thus, the Criminal Procedure Law governs the adjudication of the offences in issue and the District Attorney has responsibility for their prosecution.[1] Section 420.10(6) does not exclude from its provisions minor offenses.

Criminal Procedure Law § 420.10(6) provides:

6. Civil proceeding for collection. (a) A fine, restitution or reparation imposed or directed by the court shall be imposed or directed by a written order of the court containing the amount thereof required to be paid by the defendant. The court's order also shall direct the district attorney to file a certified copy of such order with the county clerk of the county in which the court is situate except where the court which issues such order is the supreme court in which case the order itself shall be filed by the clerk of the court acting in his or her capacity as the county clerk of the county in which the court is situate. Such order shall be entered by the county clerk in the same manner as a judgment in a civil action in accordance with subdivision (a) of rule five thousand sixteen of the civil practice law and rules. Even if the defendant was imprisoned for failure to pay such fine, restitution or reparation, or has served the period of imprisonment imposed, such order after entry thereof pursuant to this subdivision may be collected in the same manner as a judgment in a civil action by the victim, as defined in paragraph (b) of subdivision four of section 60.27 of the penal law, to whom restitution or reparation was ordered to be paid, the estate of such person or the district attorney. . . .

. . .

(b) The district attorney may, in his or her discretion, and must, upon order of the court, institute proceedings to collect such fine, restitution or reparation.

The practice commentary indicates a broad application of this provision. "This section governs the procedure for collecting monetary payments imposed upon individuals convicted of offenses". Practice Commentaries, McKinney's Criminal Procedure Law Vol 11A § 420.10.

We conclude that the provisions of the Criminal Procedure Law, including section 420.10(6), are applicable to prosecutions under General Municipal Law § 136 and under the State Uniform Fire Prevention and Building Code.

The Attorney General renders formal opinions only to officers and departments of State government. This perforce is an informal and unofficial expression of the views of this office.

Very truly yours,

SIOBHAN S. CRARY
Assistant Attorney General

[1] We also have noted that County Law § 700(1) requires the District Attorney to prosecute all crimes and offenses cognizable by the courts of the county but that he may consent to appearance on his behalf as to petty crimes and offenses by other public officials or private attorneys. Op Atty Gen (Inf) No. 90-8; see also, Op Atty Gen (Inf) No. 92-34. Accordingly, another public official or private attorney may be given responsibility for prosecuting the violations and may take the same actions regarding collection that the District Attorney, as prosecutor, could take. We previously noted that, while the District Attorney was responsible for prosecuting building code violations, the village could have the village attorney prosecute them instead. Op Atty Gen (Inf) No. 89-25.