Hearing by Mail - NYC Environmental Control Board

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Hearing by Mail

In some types of cases you can have your hearing by mail. This means you will not have to come to ECB. Cases that are usually heard by mail are those that rely only on documents. For example, cases involving deeds, permits or licenses.

Are you eligible?
The types of cases that may be heard by mail appear in this list (pdf). Look carefully at your ticket to see if you are allowed to have a hearing by mail.

Type of Case Heard

Rule(s) or Section(s)

Abandoned Vehicle

1224(7)

Canine Waste

NYS Public Health 1310

Emissions

24-163

Health Code

3.05	153.03
3.07	153.05
3.09	153.07
11.66	153.19
131.041	157.02(a) - (b)
139.05	161.01
139.07(a)	161.03
141.03(1)	161.04
151.03(1)	161.05
153.01	181.17

Recycling

16 RCNY 1-08, 1-09, 1-10

Sanitation

16-116(a) - (b)
16-118(1) - (4)
16-118(6)
16-118(7)(a) - (b)
16-120(a) - (e)
16-123
16-127(a)
16-122(b) - (c)

Even if your ticket does not have one of the laws or codes in this table, you may still ask for a hearing by mail if the person named on the ticket died before the ticket was issued. Make sure to include a copy of the person's death certificate with your request.

You may also have a hearing by mail if you used to own or manage or control the property but you did not own, manage or control the property on the date the ticket was issued. If this is your claim, make sure to send in any documents you have that show when your connection to the property ended.

However, please note that even if the type of case is listed above, we may decide your case needs to be heard in person. If this happens, we will send you a letter. We will also send you back everything you sent to us.

What do you need to do?
If you want to have a hearing by mail, you need to gather all the documents you would like the judge to consider. Then send those documents and a statement to ECB. The statement should tell the judge why you think the ticket should be dismissed. To help you write your statement, please click on the link below that refers to your type of ticket. You will then be given some questions to answer. Put the answers to the questions into the statement you send to ECB. Keep copies of anything you send to ECB.

Case Type/Questionnaires	Type of Cases	Rule(s) or Section(s) / Violation Code(s)
Abandoned Vehicle	Abandoned Vehicle	1224(7)
Deceased Respondent	Deceased Respondent	N/A
Dirty Sidewalk/Area; Failure to Sweep 18" into Street	Sanitation Health	16-118(2) / 151.03(a) /153.19
Disputed Ownership, Agency, or Control	Disputed Ownership, Agency, or Control	N/A
Failure to Store or Remove Receptacle; Sidewalk Obstruction	Sanitation	16-120(a) /16-120(c)
Loose Rubbish/Receptacles	Sanitation	16-120(d)
Private Carting Sign	Sanitation	16-116(b)
Recycling	Recycling	16 RCNY 1-08, 1-09, 1-10 / R 1-97
Rodent and Pest Control	Health Code	3.05 / 3.07 / 3.09 / 151.02(a) / 151.02(b)
Sidewalk Obstruction / Street Obstruction	Sanitation	16-118(2) 16-122(b)
Snow and Ice Removal	Sanitation	16-123
Unleashed Dog	Health Code	161.03 /161.05

When you have finished writing your statement, you should sign it before a notary public. Then send the statement and documents to:

Environmental Control Board
Mail Adjudications Unit
66 John Street, 10th Floor
New York, NY 10038

If you have questions about mailing your response, please call (212)361-1400 or 311.

What happens?
A judge will consider your statement and documents as well as the information contained in the ticket. If you have not given the judge enough information, the judge will send you a list of questions. If you have given the judge enough information, the judge will decide the case. You will get the judge's decision and order in the mail.