Bill Text: NY A00362 | 2021-2022 | General Assembly | Amended


Bill Title: Relates to penalties for code violations; provides penalties for subsequent violations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-06-07 - substituted by s2884a [A00362 Detail]

Download: New_York-2021-A00362-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         362--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Governmental Operations  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the executive law, in relation  to  penalties  for  code
          violations

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section  382  of  the  executive  law,  as
     2  amended  by  chapter  135  of  the  laws  of 1997, is amended to read as
     3  follows:
     4    2. Any person, having been served, either personally or by  registered
     5  or  certified mail, with an order to remedy any condition found to exist
     6  in, on,  or  about  any  building  in  violation  of  the  uniform  fire
     7  prevention  and  building code, who shall fail to comply with such order
     8  within the time fixed by the regulations promulgated  by  the  secretary
     9  pursuant  to subdivision one of section three hundred eighty-one of this
    10  article, such time period to be stated in  the  order,  and  any  owner,
    11  builder,  architect,  tenant,  contractor,  subcontractor,  construction
    12  superintendent or their agents  or  any  other  person  taking  part  or
    13  assisting  in  the  construction  of  any  building  who shall knowingly
    14  violate any of the applicable provisions of  the  uniform  code  or  any
    15  lawful order of a local government, a county or the secretary made ther-
    16  eunder  regarding  standards  for  construction,  maintenance,  or  fire
    17  protection equipment and systems, shall be punishable by a fine  of  not
    18  more than one thousand dollars per day of violation, or imprisonment not
    19  exceeding  one  year, or both for the first one hundred eighty days, and
    20  for the following one hundred eighty days shall be punishable by a  fine
    21  of  no  less  than  twenty-five  dollars  and not more than one thousand
    22  dollars per day of violation or imprisonment not exceeding one year,  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04195-02-1

        A. 362--A                           2

     1  both  and thereafter shall be punishable by a fine of no less than fifty
     2  dollars and not more than one thousand dollars per day of  violation  or
     3  imprisonment not exceeding one year, or both.
     4    § 2. This act shall take effect on the one hundred twentieth day after
     5  it  shall have become a law. Effective immediately, the addition, amend-
     6  ment and/or repeal of any rule or regulation necessary for the implemen-
     7  tation of this act on its effective date are authorized to be  made  and
     8  completed on or before such effective date.
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