Establishes an independent building review agency in the city of New York to oversee development and construction projects within the city of New York.
STATE OF NEW YORK
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5178
2009-2010 Regular Sessions
IN ASSEMBLY
February 10, 2009
___________
Introduced by M. of A. LENTOL, ROBINSON, JACOBS, COLTON, HIKIND, ORTIZ,
MAISEL, GLICK, GREENE, CUSICK -- Multi-Sponsored by -- M. of A. BING,
FARRELL, LANCMAN, MARKEY, MAYERSOHN, NOLAN, J. RIVERA, ROSENTHAL,
SEMINERIO -- read once 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.
LBD07489-01-9
A. 5178 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. 5178 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.
