Bill Text: NY A02086 | 2019-2020 | 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 8-0)

Status: (Introduced) 2019-01-22 - referred to cities [A02086 Detail]

Download: New_York-2019-A02086-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2086
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced by M. of A. LENTOL, COLTON, ORTIZ -- Multi-Sponsored by -- M.
          of  A.  CUSICK,  GLICK,  NOLAN,  RIVERA, L. 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 651 to read as follows:
     3    § 651. 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.
                                                                   LBD04480-01-9

        A. 2086                             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. 2086                             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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