Bill Text: NY A08490 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to service of notice of motion returnable to the environmental control board on the registered owner of a motor vehicle impounded by the department of sanitation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to cities [A08490 Detail]

Download: New_York-2011-A08490-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8490
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 17, 2011
                                      ___________
       Introduced by M. of A. TITONE -- read once and referred to the Committee
         on Cities
       AN  ACT  to  amend  the New York city charter, in relation to service of
         notice of violation returnable to the environmental control  board  on
         the registered owner of a motor vehicle impounded by the department of
         sanitation of such city
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Clauses (iii) and (iv) of subparagraph (a) of  paragraph  2
    2  of  subdivision d of section 1049-a of the New York city charter, clause
    3  (iii) as amended and clause (iv) as added by chapter 163 of the laws  of
    4  2000  and  as renumbered by local law number 35 of the local laws of the
    5  city of New York for the year 2008, are amended and a new clause (v)  is
    6  added to read as follows:
    7    (iii)  service of a notice of violation of any provision of the admin-
    8  istrative code relating to the prevention of noise pollution  caused  by
    9  an  audible motor vehicle burglar alarm and over which the environmental
   10  control board has jurisdiction may be served upon the owner of  a  motor
   11  vehicle  by affixing such notice to said vehicle in a conspicuous place;
   12  [and]
   13    (iv) service of a notice of violation of  any  of  the  provisions  of
   14  section  10-119  or 10-120 of the administrative code of the city of New
   15  York and over which the environmental control  board  has  jurisdiction,
   16  may be made by certified mail, return receipt requested, to the respond-
   17  ent's  last  known residence or business address, provided that delivery
   18  of such notice shall be restricted to the respondent. Service by  certi-
   19  fied  mail  shall  be  deemed  complete  upon  mailing  of the notice of
   20  violation unless the notice of violation is returned to  the  sender  by
   21  the  United  States  postal service for any reason other than refusal of
   22  delivery; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11886-01-1
       A. 8490                             2
    1    (V) SERVICE OF A NOTICE OF VIOLATION OF ANY PROVISION OF THE  ADMINIS-
    2  TRATIVE  CODE  OF THE CITY OF NEW YORK ON A RESPONDENT WHO IS THE REGIS-
    3  TERED OWNER OF A MOTOR VEHICLE IMPOUNDED BY THE DEPARTMENT OF SANITATION
    4  IN CONNECTION WITH THE VIOLATION FOR WHICH THE NOTICE OF VIOLATION IS TO
    5  BE  SERVED  MAY  BE  MADE  BY CERTIFIED MAIL TO THE ADDRESS AT WHICH THE
    6  VEHICLE IS REGISTERED, PROVIDED  THAT  DELIVERY  IS  RESTRICTED  TO  THE
    7  RESPONDENT. SERVICE BY CERTIFIED MAIL IS DEEMED COMPLETE UPON MAILING OF
    8  THE NOTICE OF VIOLATION.
    9    S 2. This act shall take effect on the one hundred twentieth day after
   10  it shall have become a law.