Bill Text: NY S05744 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to local civil administrative enforcement procedures in the town of Huntington and other municipalities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2017-07-25 - SIGNED CHAP.145 [S05744 Detail]

Download: New_York-2017-S05744-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5744--B
                               2017-2018 Regular Sessions
                    IN SENATE
                                     April 27, 2017
                                       ___________
        Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
          when printed to be committed to the Committee on Local  Government  --
          reported  favorably from said committee and committed to the Committee
          on Rules -- committee discharged, bill amended, ordered  reprinted  as
          amended  and  recommitted  to  said committee -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee
        AN  ACT  to  amend the general municipal law, in relation to local civil
          administrative enforcement procedures in the town  of  Huntington  and
          other municipalities
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 380 of the general  municipal  law  is  amended  by
     2  adding a new subdivision 3 to read as follows:
     3    3. The town of Huntington may adopt a local law establishing an admin-
     4  istrative  adjudication  hearing  procedure under the provisions of this
     5  article for all code and ordinance  violations  relating  to  conditions
     6  which  constitute  a  threat  or  danger to the public health, safety or
     7  welfare, provided, however, that such administrative adjudication  hear-
     8  ing  procedure shall not apply to violations of the building code of the
     9  town of Huntington.
    10    § 2. Subdivision a of section 381 of the  general  municipal  law,  as
    11  added by chapter 382 of the laws of 1995, is amended to read as follows:
    12    a. The head of the bureau shall be the director who shall be the chief
    13  administrative  law judge of the bureau and shall have all the powers of
    14  an administrative law judge pursuant to this section. The director shall
    15  be appointed by the [mayor of such city] chief executive officer of  the
    16  municipality,  for  a  term of five years with the advice and consent of
    17  the [common or municipal council] legislative body of such municipality.
    18  The director shall be removable only for neglect of duty or  misfeasance
    19  in office after notice and an opportunity for a hearing.  Once appointed
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03001-07-7
        S. 5744--B                          2
     1  and  confirmed,  the  director shall serve until his or her term expires
     2  and until his or her successor has been  appointed  and  confirmed.  The
     3  director  shall  devote his or her entire work time to the duties of the
     4  office.
     5    §  3.  Subdivision  f  of section 381 of the general municipal law, as
     6  added by chapter 382 of the laws of 1995, is amended to read as follows:
     7    f. The director shall collect, compile,  and  publish  statistics  and
     8  other  data  with respect to the operations and duties of the bureau and
     9  submit annually to the [mayor, the city  council]  the  chief  executive
    10  officer  of the municipality, the legislative body of such municipality,
    11  and the public a report on such operations including but not limited to,
    12  the number of hearings initiated, the number of decisions rendered,  the
    13  number of partial or total reversals by the appeals panel, the number of
    14  proceedings  pending, and on any recommendations of the bureau of statu-
    15  tory or regulatory amendments.
    16    § 4. Subdivision g of section 385 of the  general  municipal  law,  as
    17  added by chapter 382 of the laws of 1995, is amended to read as follows:
    18    g.  Except  as  otherwise  provided in this subdivision no appeal of a
    19  decision, determination or order of an administrative law judge imposing
    20  civil penalties shall be decided unless such civil penalties are paid or
    21  a cash or recognized surety company bond shall have been posted  in  the
    22  full  amount of such civil penalties. No such payment or posting of such
    23  bond shall be required where the respondent is the holder of  a  current
    24  license or permit for the operation of a business issued by an agency or
    25  officer  of  such [city] municipality.  Upon a showing of undue hardship
    26  or where justice may require, the administrative law judge  who  decided
    27  the  case  or  appellate panel to which the appeal is assigned may order
    28  that the appeal shall be decided without requiring such payment or post-
    29  ing of such bond.
    30    § 5. This act shall take effect immediately.