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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           362

                               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

        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. Paragraphs h and i of subdivision 1 of section 381  of  the
     2  executive  law, as added by chapter 560 of the laws of 2010, are amended
     3  and a new paragraph j is added to read as follows:
     4    h. minimum basic training and  in-service  training  requirements  for
     5  personnel charged with administration and enforcement of the state ener-
     6  gy conservation construction code; [and]
     7    i.  standards and procedures for measuring the rate of compliance with
     8  the state energy conservation construction code, and provisions  requir-
     9  ing that such rate of compliance be measured on an annual basis[.]; and
    10    j.  standards  and  procedures  by  which  persons seeking building or
    11  construction permits or to purchase property held  by  a  land  bank  or
    12  subsidized  by public funds identify any outstanding orders of remedy or
    13  immediately hazardous violations of the uniform code on  properties  (1)
    14  owned by such person or owned by a corporate entity in which such person
    15  is a manager, partner, or authorized person, or owned by the same person
    16  or  corporate  entity  which  owns  the  property  for which a permit or
    17  purchase is sought, including properties owned by a corporate entity  in
    18  which  such  person  is a manager, partner, or authorized person and (2)
    19  the status of each order of remedy and violation.
    20    Every local  government  may  enact  local  laws  which  provide  that
    21  persons,  corporate  entities,  or  corporate entities in which any such
    22  person who is a member, partner, or authorized person  with  outstanding
    23  orders of remedy or immediately hazardous violations of the uniform code

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04195-01-1
        A. 362                              2

     1  may  not  obtain building or construction permits or purchase properties
     2  from a land bank or subsidized by public funds.
     3    §  2. Subdivisions 2 and 3 of section 382 of the executive law, subdi-
     4  vision 2 as amended by chapter 135 of the laws of 1997 and subdivision 3
     5  as added by chapter 707 of the laws of 1981,  are  amended  to  read  as
     6  follows:
     7    2.  Any person, having been served, either personally or by registered
     8  or certified mail, with an order to remedy any condition found to  exist
     9  in,  on,  or  about  any  building  in  violation  of  the  uniform fire
    10  prevention and building code, who shall fail to comply with  such  order
    11  within  the  time  fixed by the regulations promulgated by the secretary
    12  pursuant to subdivision one of section three hundred eighty-one of  this
    13  article,  such  time  period  to  be stated in the order, and any owner,
    14  builder,  architect,  tenant,  contractor,  subcontractor,  construction
    15  superintendent  or  their  agents  or  any  other  person taking part or
    16  assisting in the  construction  of  any  building  who  shall  knowingly
    17  violate  any  of  the  applicable  provisions of the uniform code or any
    18  lawful order of a local government, a county or the secretary made ther-
    19  eunder  regarding  standards  for  construction,  maintenance,  or  fire
    20  protection  equipment  and  systems, shall be punishable by a fine of no
    21  less than fifty dollars and not more than one thousand dollars  per  day
    22  of  violation,  or  imprisonment  not  exceeding  one  year,  or both. A
    23  person's second violation related to a property  owned  by  such  person
    24  shall  be  punishable  by a fine of no less than one hundred dollars and
    25  not more than two thousand dollars per day of violation, or imprisonment
    26  not exceeding one year, or both. A person's third violation related to a
    27  property owned by such person shall be punishable by a fine of not  less
    28  than  one  hundred  and  fifty  dollars and not more than three thousand
    29  dollars per day of violation, or imprisonment not exceeding one year, or
    30  both.
    31    3. Where the construction or use of a building is in violation of  any
    32  provision of the uniform code or any lawful order obtained thereunder, a
    33  justice  of the supreme court at a special term in the judicial district
    34  in which the building is located, may order the removal of the  building
    35  or  an  abatement  of  the condition in violation of such provisions. An
    36  application for such relief may be made by the secretary, an appropriate
    37  municipal officer, or any other person aggrieved by the  violation.  Any
    38  person, having been served, either personally or by registered or certi-
    39  fied  mail,  with an order to remedy the illegal conversion, maintenance
    40  or occupancy of two or more dwellings above the number of dwelling units
    41  legally authorized by the certificate of occupancy, who  shall  fail  to
    42  comply  with such order within the time fixed by the regulations promul-
    43  gated by the secretary pursuant to  subdivision  one  of  section  three
    44  hundred eighty-one of this article, such time period to be stated in the
    45  order,  and  any  owner, builder, architect, tenant, contractor, subcon-
    46  tractor, construction superintendent or their agents or any other person
    47  taking part or assisting in the construction of any building  who  shall
    48  knowingly  violate  any of the applicable provisions of the uniform code
    49  of any lawful order of a local government, a  county  or  the  secretary
    50  made  thereunder  regarding  standards for construction, maintenance, or
    51  fire protection equipment and systems, shall be punishable by a fine  of
    52  not  less than five hundred dollars. A person's second violation related
    53  to a property owned by such person shall be punishable by a fine of  not
    54  less  than one thousand dollars. A person's third violation related to a
    55  property owned by such person shall be punishable by a fine of not  less
    56  than two thousand dollars.
        A. 362                              3

     1    § 3. This act shall take effect on the one hundred twentieth day after
     2  it  shall have become a law. Effective immediately, the addition, amend-
     3  ment and/or repeal of any rule or regulation necessary for the implemen-
     4  tation of this act on its effective date are authorized to be  made  and
     5  completed on or before such effective date.