New York State Assembly

Bill No.:  

 
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A09433 Summary:

BILL NO	A09433
SAME AS	SAME AS S08728
SPONSOR	Williams
COSPNSR	Burgos, Bichotte Hermelyn, Davila
MLTSPNSR
Amd 1049-a, NYC Chart
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.

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A09433 Actions:

BILL NO	A09433
03/14/2024	referred to cities

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A09433 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A9433
 
SPONSOR: Williams

 
TITLE OF BILL:
 
An act to amend the New York city charter, in relation to service of
certain notice of violations returnable to the environmental control
board
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
Relates to service of certain notice of violations returnable to the
environmental control board
 
 
SUMMARY OF PROVISIONS:
 
Section 1 would add a new clause (v) of subparagraph (a) of paragraph 2
of subdivision d of section 1049-a of the New York City Charter to
provide that service of a notice of violation returnable to the New York
City Environmental Control Board on a closed commercial establishment
may be made by affixing such notice in a conspicuous place to the prem-
ises where the violation occurred, and by mailing a copy of such notice
of violation via first class mail directly to the commercial establish-
ment at the address at which the violation was issued.
 
Section 2 makes the act take effect on the 180th day after it shall have
become a law.
 
 
JUSTIFICATION:
 
The New York City Department of Sanitation (the "Department") is respon-
sible for enforcing various rules and regulations relating to cleanli-
ness within the City of New York.  These cleanliness violations range
from the failure to clean the sidewalk, to placing materials out for
Department or private carter collection improperly or at the wrong time.
The Department can only observe certain violations relating to the prop-
er set out of materials when a commercial establishment is closed. These
violations include the failure to set out recyclable materials properly
and the failure to place refuse in a container.
 
The current law requires that the Department return to the commercial
establishment when it has reopened in order to serve a notice of
violation on a responsible party for a condition observed while the
commercial establishment was closed. This legislation would allow the
Department at the time it observes the violation, to affix such notice
of violation in a conspicuous place to the premise where the violation
occurred. It would also require that a copy of such violation be mailed
via first class mail directly to the commercial establishment at the
address at which the violation was issued. This legislation would elimi-
nate the need for the Department to return the next day to the commer-
cial establishment to effectuate in-person service and would allow-the
Department to use its resources in a cost effective and more productive
manner.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New legislation
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
none
 
 
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become a law.

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