Bill Text: NY A02045 | 2017-2018 | General Assembly | Introduced


Bill Title: Establishes an independent building review agency in the city of New York to oversee development and construction projects within the city of New York.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2018-01-03 - referred to cities [A02045 Detail]

Download: New_York-2017-A02045-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2045
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
                                       ___________
        Introduced  by M. of A. LENTOL, COLTON, HIKIND, ORTIZ -- Multi-Sponsored
          by -- M. of A.  CUSICK, FARRELL, GLICK, NOLAN,  RIVERA,  ROSENTHAL  --
          read once and referred to the Committee on Cities
        AN ACT to amend the New York city charter, in relation to an independent
          building review agency
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The New York city  charter  is  amended  by  adding  a  new
     2  section 650 to read as follows:
     3    §  650.  Independent  building  review  agency. a. (1) There is hereby
     4  created within the department  an  independent  building  review  agency
     5  (hereinafter "the agency"). The head of the agency shall be the director
     6  who  shall  be appointed by the mayor subject to the confirmation of the
     7  city council. Within thirty days of the effective date of this  section,
     8  the  mayor  shall  appoint his or her director. Within thirty days after
     9  the mayor's appointment, the city council shall  confirm  or  deny  such
    10  person's  appointment. The mayor shall continue to have thirty-day peri-
    11  ods to appoint new candidates and the city  council  shall  continue  to
    12  have thirty-day periods to review and act upon such candidates.
    13    (2)  Once appointed, the director shall not be removed from his or her
    14  position prior to the expiration of his or  her  term  except  for  good
    15  cause.  The  director shall serve a three-year term. At least sixty days
    16  but no longer than one hundred twenty days prior to  the  expiration  of
    17  the  director's term, the mayor shall make an appointment of a successor
    18  candidate.  Such  candidate's  appointment  shall  be  subject  to   the
    19  provisions of paragraph one of this subdivision.
    20    (3)  The  director  shall  receive a salary that shall be fixed by the
    21  city council. The city council shall not alter the salary of a  director
    22  during his or her term.
    23    (4)  Subject  to the provisions of the civil service law, the director
    24  may appoint such other officers, employees, agents  and  consultants  as
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03399-01-7

        A. 2045                             2
     1  may  be  necessary,  prescribe  their duties, fix their compensation and
     2  provide for payment of their reasonable  expenses,  all  within  amounts
     3  available  therefor by appropriation. The director may transfer officers
     4  or  employees from their positions to other positions in the department,
     5  or abolish or consolidate such positions.
     6    b. The independent building review agency may adopt  and  amend  regu-
     7  lations  consistent  with  law.  The  agency's  regulation  shall not be
     8  subject to the state  administrative  procedure  act.  Such  regulations
     9  shall:
    10    (1)  establish  the  procedures  by which the agency brings violations
    11  against individuals and entities who are alleged to have violated  laws,
    12  rules,  and  regulations  relating  to  their  specific land development
    13  project;
    14    (2) set forth a schedule of fines  relating  to  any  violation  of  a
    15  building law, code, rule, or regulation;
    16    (3)  establish  any other penalties that the agency may impose against
    17  an individual for violating a law, rule, or regulation enforced  by  the
    18  agency,  including  the ability to revoke building permits, and ordering
    19  the offending party to cease his or her actions; and
    20    (4) establish any other rule that the agency deems necessary to foster
    21  the adherence to laws, rules, and regulations by individuals  and  enti-
    22  ties.
    23    c.  The agency shall enforce the provisions of the laws of this state,
    24  the administrative code of the city of New York, this  chapter  and  any
    25  rules and regulations made thereunder, which relate to:
    26    (1) the development of an unimproved lot;
    27    (2) the alteration of any improved lot;
    28    (3)  the  safety of any equipment used at a site in which any develop-
    29  ment or alteration of a lot takes place;
    30    (4) the employment of individuals at the worksite who would  otherwise
    31  require state or city licensure;
    32    (5)  any issue that would otherwise be subject to review by an inspec-
    33  tor or code enforcement officer or similar public officer; and
    34    (6) any rule or regulation that the  agency  promulgates  directed  at
    35  ensuring  the health, safety, and well-being of the citizens of the city
    36  of New York.
    37    d. (1) (a) The agency shall conduct proceedings for  the  adjudication
    38  of violations of the laws, rules and regulations enforced by it pursuant
    39  to  the  provisions of subdivision c of this section or of any other law
    40  providing for enforcement by the agency in accordance with this subdivi-
    41  sion and with rules and regulations promulgated by the agency, and shall
    42  have the power to render decisions and orders and to  impose  the  civil
    43  penalties provided under law for such violations.
    44    (b)  The  form and wording of notices of violation shall be prescribed
    45  by the agency. The notice of violation or copy thereof  when  filled  in
    46  and  served  shall  constitute  notice of the violation charged, and, if
    47  sworn to or affirmed,  shall  be  prima  facie  evidence  of  the  facts
    48  contained therein.
    49    (c)  The  notice  of  violation shall contain information advising the
    50  person charged of the manner and the  time  in  which  such  person  may
    51  either admit or deny the violation charged in the notice. Such notice of
    52  violation shall also contain a warning to advise the person charged that
    53  failure  to plead in the manner and time stated in the notice may result
    54  in a default decision and order being entered against such  person.  The
    55  original  or  a  copy  of  the  notice  of  violation shall be filed and

        A. 2045                             3
     1  retained by the agency and shall be deemed a record kept in the ordinary
     2  course of business.
     3    (d)  Where a respondent has failed to plead within the time allowed by
     4  the rules of the agency or has failed to appear on a designated  hearing
     5  date  or  a  subsequent  date  following an adjournment, such failure to
     6  plead or appear shall be deemed, for all purposes, to be an admission of
     7  liability and shall be grounds for  rendering  a  default  decision  and
     8  order  imposing a penalty in the maximum amount prescribed under law for
     9  the violation charged and any other remedy available to the agency.
    10    (e) Any final order of the agency imposing a  civil  penalty,  whether
    11  the  adjudication was had by hearing or upon default or otherwise, shall
    12  constitute a judgment rendered  by the agency which may  be  entered  in
    13  the  civil court of the city of New York or any other place provided for
    14  the entry of civil judgments within the state, and may be enforced with-
    15  out court proceedings in the same manner as  the  enforcement  of  money
    16  judgments  entered  in  civil  actions;  provided, however, that no such
    17  judgment shall be entered which exceeds the sum of one hundred  thousand
    18  dollars for each respondent.
    19    (f)  Notwithstanding  the foregoing provision, before a judgment based
    20  upon a default may be so entered  the  agency  must  have  notified  the
    21  respondent  by  first  class mail in such form as the agency may direct:
    22  (i) of the default decision and order and the penalty imposed;
    23    (ii) that a judgment will be entered in the civil court of the city of
    24  New York or any other place provided for the entry  of  civil  judgments
    25  within the state of New York; and
    26    (iii)  that entry of such judgment may be avoided by requesting a stay
    27  of default for good cause shown  and  either  requesting  a  hearing  or
    28  entering  a  plea pursuant to the rules of the agency within thirty days
    29  of the mailing of such notice.
    30    (g) A judgment entered pursuant to this paragraph shall remain in full
    31  force and effect for eight years.
    32    (2) (a) The agency shall not enter any final decision or order  pursu-
    33  ant  to  the  provisions of paragraph one of this subdivision unless the
    34  notice of violation shall have been served in  the  same  manner  as  is
    35  prescribed for service of process by article three of the civil practice
    36  law and rules or article three of the business corporation law. A person
    37  need  not be personally served before the agency may enter a final deci-
    38  sion against him or her.
    39    (b) Proof of such service of the notice of violation  shall  be  filed
    40  with  the  agency within twenty days; service shall be complete ten days
    41  after such filing.
    42    (3) The agency may apply to a  court  of  competent  jurisdiction  for
    43  enforcement  of  any other decision or order issued by such agency or of
    44  any subpoena issued by such agency.
    45    § 2. This act shall take effect immediately.
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