Bill Text: NY S04310 | 2015-2016 | General Assembly | Introduced

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

---

Bill Title: Relates to the abatement of public nuisances and demolition and removal of unsafe structures.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO LOCAL GOVERNMENT [S04310 Detail]

Download: New_York-2015-S04310-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4310
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 12, 2015
                                      ___________
       Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government
       AN ACT to amend the general municipal law, in relation to the  abatement
         of public nuisances and demolition and removal of unsafe structures
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 78-b of the general  municipal  law,  as  added  by
    2  chapter 115 of the laws of 1980, is amended to read as follows:
    3    S  78-b. [Demolition] ABATEMENT OF PUBLIC NUISANCES AND DEMOLITION and
    4  removal of unsafe structures.  (A) The governing body of any city, town,
    5  or village may commence a special proceeding in  a  court  of  competent
    6  [jursidiction] JURISDICTION to collect the costs of [demolition] ABATING
    7  NUISANCE  CONDITIONS  OR  VIOLATIONS  OF THE UNIFORM FIRE PREVENTION AND
    8  BUILDING CODE OR LOCAL PROPERTY MAINTENANCE CODES OR THE COSTS OF DEMOL-
    9  ISHING OR REMOVING UNSAFE STRUCTURES, including reasonable and necessary
   10  legal expenses incidental to obtaining an order to  demolish,  from  the
   11  owner  of  any building or structure [that may now be or shall hereafter
   12  become dangerous or unsafe to the public] WITH A NUISANCE CONDITION OR A
   13  UNIFORM CODE OR LOCAL PROPERTY MAINTENANCE CODE VIOLATION OR  THE  OWNER
   14  OF  ANY UNSAFE BUILDING OR STRUCTURES. The provisions of article four of
   15  the civil practice law and rules shall  govern  any  special  proceeding
   16  commenced under this section.
   17    (B)  IF  THE  VALUE OF A PROPERTY WHICH IS THE SUBJECT OF A PROCEEDING
   18  PURSUANT TO SUBDIVISION (A) OF THIS SECTION IS LESS  THAN  THE  COST  OF
   19  ABATING  THE  NUISANCE  CONDITION  OR  CODE VIOLATION OR DEMOLISHING THE
   20  UNSAFE STRUCTURE, THEN THE CITY, VILLAGE, OR TOWN MAY, WHEN  SEEKING  TO
   21  RECOVER  THE  COST  OF  ABATEMENT OR DEMOLITION, DISREGARD THE CORPORATE
   22  FORM OF ANY BUSINESS CORPORATION, LIMITED LIABILITY COMPANY, OR  LIMITED
   23  LIABILITY  PARTNERSHIP  WHICH  OWNS  THE PROPERTY, EITHER IN WHOLE OR IN
   24  PART, IF THE ASSETS  OF  THE  BUSINESS  CORPORATION,  LIMITED  LIABILITY
   25  COMPANY,  OR LIMITED LIABILITY PARTNERSHIP ARE INSUFFICIENT TO COVER THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08709-01-5
       S. 4310                             2
    1  COST OF ABATEMENT OR DEMOLITION AND THE  BUSINESS  CORPORATION,  LIMITED
    2  LIABILITY  COMPANY,  OR  LIMITED LIABILITY PARTNERSHIP EITHER (I) MADE A
    3  PROFIT ON THE PROPERTY AT ANY TIME DURING THE FIVE YEARS  PRIOR  TO  THE
    4  ABATEMENT OR DEMOLITION OR (II) USED FINANCIAL LOSSES ON THE PROPERTY TO
    5  WRITE-OFF  CAPITAL  GAINS OR INCOME FROM OTHER PROPERTIES THAT THE BUSI-
    6  NESS CORPORATION, LIMITED LIABILITY COMPANY, OR LIMITED LIABILITY  PART-
    7  NERSHIP OWNS DURING THE FIVE YEARS PRIOR TO THE ABATEMENT OR DEMOLITION.
    8    S 2. This act shall take effect immediately.