Bill Text: NY S08728 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for service of notice of violations of any provision of title sixteen of the administrative code of the city of New York by the department of sanitation on a respondent that is a closed commercial establishment.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-06-07 - COMMITTED TO RULES [S08728 Detail]

Download: New_York-2023-S08728-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8728

                    IN SENATE

                                      March 4, 2024
                                       ___________

        Introduced  by  Sens.  JACKSON,  SEPULVEDA,  PERSAUD  --  read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Cities 1

        AN  ACT  to  amend  the New York city charter, in relation to service of
          certain notice of violations returnable to the  environmental  control
          board

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Clause (iv) of subparagraph (a) of paragraph 2 of  subdivi-
     2  sion d of section 1049-a of the New York city charter, as added by chap-
     3  ter  163 of the laws of 2000 and such section as renumbered by local law
     4  35 of the city of New York for the year  2008,  is  amended  and  a  new
     5  clause (v) is added to read as follows:
     6    (iv)  service  of  a  notice  of violation of any of the provisions of
     7  section 10-119 or 10-120 of the administrative code of the city  of  New
     8  York  and  over  which the environmental control board has jurisdiction,
     9  may be made by certified mail, return receipt requested, to the respond-
    10  ent's last known residence or business address, provided  that  delivery
    11  of  such notice shall be restricted to the respondent. Service by certi-
    12  fied mail shall be  deemed  complete  upon  mailing  of  the  notice  of
    13  violation  unless  the  notice of violation is returned to the sender by
    14  the United States postal service for any reason other  than  refusal  of
    15  delivery[.]; and
    16    (v) service of a notice of violation of any provision of title sixteen
    17  of  the administrative code of the city of New York by the department of
    18  sanitation on a respondent that is a  closed  commercial  establishment,
    19  such  violation  may  be  made  by affixing such notice in a conspicuous
    20  place to the premises where the violation occurred and by mailing a copy
    21  of such notice of violation via first class mail directly to the commer-
    22  cial establishment to the address at which  the  violation  was  issued.
    23  Service  by  first  class  mail  is  deemed complete upon mailing of the
    24  notice of violation.
    25    § 2. This act shall take effect on the one hundred twentieth day after
    26  it shall have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14322-01-4