A01317 Summary:

SAME ASNo same as
COSPNSRRobinson, Jacobs, Colton, Hikind, Ortiz, Maisel
MLTSPNSRBing, Cusick, Farrell, Glick, Lancman, Markey, Mayersohn, Nolan, Rivera J, Rosenthal
Add S650, NYC Chart
Establishes an independent building review agency in the city of New York to oversee development and construction projects within the city of New York.
Go to top    

A01317 Actions:

01/05/2011referred to cities
01/04/2012referred to cities
Go to top

A01317 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Lentol (MS)
  TITLE OF BILL: An act to amend the New York city charter, in relation to an independent building review agency   PURPOSE OR GENERAL IDEA OF BILL: Establishes an independent building review agency in the city of New York to oversee the development and construction projects within the city of New York   SUMMARY OF SPECIFIC PROVISIONS: The New York City charter is amended by adding a new section 650   JUSTIFICATION: This measure is being introduced in response to the devastating construction accidents that have been regularly occurring in New York City and the lack of oversight, and building safety on construction sites. This legislation is intended to address the problems faced by construction mistakes that have caused death, injury, and/or property damage on dangerous job sites by establishing an independent building review agency in the city of New York to oversee the develop- ment and construction projects within the city of New York. If this legislation is enacted, meaningful oversight would be implemented in order to prevent dangerous situations and construction accidents from occurring in New York City.   PRIOR LEGISLATIVE HISTORY: A11074 of 2008-09 A.5178 of 2009-10   EFFECTIVE DATE: Immediately
Go to top

A01317 Text:

                STATE OF NEW YORK
                               2011-2012 Regular Sessions
                   IN ASSEMBLY
                                     January 5, 2011
        Introduced  by M. of A. LENTOL, ROBINSON, JACOBS, COLTON, HIKIND, ORTIZ,
          MAISEL -- Multi-Sponsored by -- M. of A. BING, CUSICK, FARRELL, GLICK,
          and referred to the Committee on Cities

        AN ACT to amend the New York city charter, in relation to an independent
          building review agency
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The New York city  charter  is  amended  by  adding  a  new
     2  section 650 to read as follows:
     3    §  650.  Independent  building  review  agency. a. (1) There is hereby
     4  created within the department  an  independent  building  review  agency
     5  (hereinafter "the agency"). The head of the agency shall be the director
     6  who  shall  be appointed by the mayor subject to the confirmation of the
     7  city council. Within thirty days of the effective date of this  section,
     8  the  mayor  shall  appoint  his  director.  Within thirty days after the

     9  mayor's appointment,  the  city  council  shall  confirm  or  deny  such
    10  person's  appointment. The mayor shall continue to have thirty-day peri-
    11  ods to appoint new candidates and the city  council  shall  continue  to
    12  have thirty-day periods to review and act upon such candidates.
    13    (2)  Once appointed, the director shall not be removed from his or her
    14  position prior to the expiration of his or  her  term  except  for  good
    15  cause.  The  director shall serve a three-year term. At least sixty days
    16  but no longer than one hundred twenty days prior to  the  expiration  of
    17  the  director's term, the mayor shall make an appointment of a successor
    18  candidate.  Such  candidate's  appointment  shall  be  subject  to   the

    19  provisions of paragraph one of this subdivision.
    20    (3)  The  director  shall  receive a salary that shall be fixed by the
    21  city council. The city council shall not alter the salary of a  director
    22  during his or her term.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1317                             2
     1    (4)  Subject  to the provisions of the civil service law, the director
     2  may appoint such other officers, employees, agents  and  consultants  as
     3  may  be  necessary,  prescribe  their duties, fix their compensation and

     4  provide for payment of their reasonable  expenses,  all  within  amounts
     5  available therefore by appropriation. The director may transfer officers
     6  or  employees from their positions to other positions in the department,
     7  or abolish or consolidate such positions.
     8    b. The independent building review agency may adopt  and  amend  regu-
     9  lations  consistent  with  law.  The  agency's  regulation  shall not be
    10  subject to the state  administrative  procedure  act.  Such  regulations
    11  shall:
    12    (1)  establish  the  procedures  by which the agency brings violations
    13  against individuals and entities who are alleged to have violated  laws,
    14  rules,  and  regulations  relating  to  their  specific land development
    15  project;

    16    (2) set forth a schedule of fines  relating  to  any  violation  of  a
    17  building law, code, rule, or regulation;
    18    (3)  establish  any other penalties that the agency may impose against
    19  an individual for violating a law, rule, or regulation enforced  by  the
    20  agency,  including  the ability to revoke building permits, and ordering
    21  the offending party to cease his or her actions; and
    22    (4) establish any other rule that the agency deems necessary to foster
    23  the adherence to laws, rules, and regulations by individuals  and  enti-
    24  ties.
    25    c.  The agency shall enforce the provisions of the laws of this state,
    26  the New York city charter and the administrative code of the city of New

    27  York, and any rules and regulations made thereunder, which relate to:
    28    (1) the development of an unimproved lot;
    29    (2) the alteration of any improved lot;
    30    (3) the safety of any equipment used at a site in which  any  develop-
    31  ment or alteration of a lot takes place;
    32    (4)  the employment of individuals at the worksite who would otherwise
    33  require state or city licensure;
    34    (5) any issue that would otherwise be subject to review by an  inspec-
    35  tor or code enforcement officer or similar public officer; and
    36    (6)  any  rule  or  regulation that the agency promulgates directed at
    37  ensuring the health, safety, and well-being of the citizens of the  city
    38  of New York.

    39    d.  (1)  (a) The agency shall conduct proceedings for the adjudication
    40  of violations of the laws, rules and regulations enforced by it pursuant
    41  to the provisions of subdivision c of this section or of any  other  law
    42  providing for enforcement by the agency in accordance with this subdivi-
    43  sion and with rules and regulations promulgated by the agency, and shall
    44  have  the  power  to render decisions and orders and to impose the civil
    45  penalties provided under law for such violations.
    46    (b) The form and wording of notices of violation shall  be  prescribed
    47  by  the  agency.  The notice of violation or copy thereof when filled in
    48  and served shall constitute notice of the  violation  charged,  and,  if

    49  sworn  to  or  affirmed,  shall  be  prima  facie  evidence of the facts
    50  contained therein.
    51    (c) The notice of violation shall  contain  information  advising  the
    52  person  charged  of  the  manner  and  the time in which such person may
    53  either admit or deny the violation charged in the notice. Such notice of
    54  violation shall also contain a warning to advise the person charged that
    55  failure to plead in the manner and time stated in the notice may  result
    56  in  a  default decision and order being entered against such person. The

        A. 1317                             3
     1  original or a copy of  the  notice  of  violation  shall  be  filed  and
     2  retained by the agency and shall be deemed a record kept in the ordinary

     3  course of business.
     4    (d)  Where a respondent has failed to plead within the time allowed by
     5  the rules of the agency or has failed to appear on a designated  hearing
     6  date  or  a  subsequent  date  following an adjournment, such failure to
     7  plead or appear shall be deemed, for all purposes, to be an admission of
     8  liability and shall be grounds for  rendering  a  default  decision  and
     9  order  imposing a penalty in the maximum amount prescribed under law for
    10  the violation charged and any other remedy available to the agency.
    11    (e) Any final order of the agency imposing a  civil  penalty,  whether
    12  the  adjudication was had by hearing or upon default or otherwise, shall
    13  constitute a judgment rendered  by the agency which may  be  entered  in

    14  the  civil court of the city of New York or any other place provided for
    15  the entry of civil judgments within the state, and may be enforced with-
    16  out court proceedings in the same manner as  the  enforcement  of  money
    17  judgments  entered  in  civil  actions;  provided, however, that no such
    18  judgment shall be entered which exceeds the sum of one hundred  thousand
    19  dollars for each respondent.
    20    (f)  Notwithstanding  the foregoing provision, before a judgment based
    21  upon a default may be so entered  the  agency  must  have  notified  the
    22  respondent  by  first  class mail in such form as the agency may direct:
    23  (i) of the default decision and order and the penalty imposed;
    24    (ii) that a judgment will be entered in the civil court of the city of

    25  New York or any other place provided for the entry  of  civil  judgments
    26  within the state of New York; and
    27    (iii)  that entry of such judgment may be avoided by requesting a stay
    28  of default for good cause shown  and  either  requesting  a  hearing  or
    29  entering  a  plea pursuant to the rules of the agency within thirty days
    30  of the mailing of such notice.
    31    (g) A judgment entered pursuant to this paragraph shall remain in full
    32  force and effect for eight years.
    33    (2) (a) The agency shall not enter any final decision or order  pursu-
    34  ant  to  the  provisions of paragraph one of this subdivision unless the
    35  notice of violation shall have been served in  the  same  manner  as  is

    36  prescribed for service of process by article three of the civil practice
    37  law and rules or article three of the business corporation law. A person
    38  need  not be personally served before the agency may enter a final deci-
    39  sion against him or her.
    40    (b) Proof of such service of the notice of violation  shall  be  filed
    41  with  the  agency within twenty days; service shall be complete ten days
    42  after such filing.
    43    (3) The agency may apply to a  court  of  competent  jurisdiction  for
    44  enforcement  of  any other decision or order issued by such agency or of
    45  any subpoena issued by such agency.
    46    § 2. This act shall take effect immediately.
Go to top