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

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

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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--A
                               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
        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 such
    16  municipality, for a term of five years with the advice  and  consent  of
    17  the  common or municipal council or board. The director shall be remova-
    18  ble only for neglect of duty or misfeasance in office after  notice  and
    19  an  opportunity for a hearing.  Once appointed and confirmed, the direc-
    20  tor shall serve until his or her term  expires  and  until  his  or  her
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03001-05-7
        S. 5744--A                          2
     1  successor  has  been  appointed and confirmed. The director shall devote
     2  his or her entire work time to the duties of the office.
     3    §  3.  Subdivision  f  of section 381 of the general municipal law, as
     4  added by chapter 382 of the laws of 1995, is amended to read as follows:
     5    f. The director shall collect, compile,  and  publish  statistics  and
     6  other  data  with respect to the operations and duties of the bureau and
     7  submit annually to the [mayor, the city  council]  the  chief  executive
     8  officer, the municipal council or board, and the public a report on such
     9  operations  including  but not limited to, the number of hearings initi-
    10  ated, the number of decisions rendered, the number of partial  or  total
    11  reversals  by  the appeals panel, the number of proceedings pending, and
    12  on any recommendations of the bureau of statutory or  regulatory  amend-
    13  ments.
    14    §  4.  Subdivision  g  of section 385 of the general municipal law, as
    15  added by chapter 382 of the laws of 1995, is amended to read as follows:
    16    g. Except as otherwise provided in this subdivision  no  appeal  of  a
    17  decision, determination or order of an administrative law judge imposing
    18  civil penalties shall be decided unless such civil penalties are paid or
    19  a  cash  or recognized surety company bond shall have been posted in the
    20  full amount of such civil penalties. No such payment or posting of  such
    21  bond  shall  be required where the respondent is the holder of a current
    22  license or permit for the operation of a business issued by an agency or
    23  officer of such [city] municipality.  Upon a showing of  undue  hardship
    24  or  where  justice may require, the administrative law judge who decided
    25  the case or appellate panel to which the appeal is  assigned  may  order
    26  that the appeal shall be decided without requiring such payment or post-
    27  ing of such bond.
    28    § 5. This act shall take effect immediately.