|SAME AS||SAME AS S07292-A|
|Amd §§381 & 382, Exec L|
|Relates to penalties for code violations; provides penalties for second and third code violations.|
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STATE OF NEW YORK ________________________________________________________________________ 9633--A IN ASSEMBLY January 28, 2020 ___________ Introduced by M. of A. ZEBROWSKI -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the executive law, in relation to penalties for code violations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs h and i of subdivision 1 of section 381 of the 2 executive law, as added by chapter 560 of the laws of 2010, are amended 3 and a new paragraph j is added to read as follows: 4 h. minimum basic training and in-service training requirements for 5 personnel charged with administration and enforcement of the state ener- 6 gy conservation construction code; [ and] 7 i. standards and procedures for measuring the rate of compliance with 8 the state energy conservation construction code, and provisions requir- 9 ing that such rate of compliance be measured on an annual basis[ .]; and 10 j. standards and procedures by which persons seeking building or 11 construction permits or to purchase property held by a land bank or 12 subsidized by public funds identify any outstanding orders of remedy or 13 immediately hazardous violations of the uniform code on properties (1) 14 owned by such person or owned by a corporate entity in which such person 15 is a manager, partner, or authorized person, or owned by the same person 16 or corporate entity which owns the property for which a permit or 17 purchase is sought, including properties owned by a corporate entity in 18 which such person is a manager, partner, or authorized person and (2) 19 the status of each order of remedy and violation. 20 Every local government may enact local laws which provide that 21 persons, corporate entities, or corporate entities in which any such 22 person who is a member, partner, or authorized person with outstanding 23 orders of remedy or immediately hazardous violations of the uniform code 24 may not obtain building or construction permits or purchase properties 25 from a land bank or subsidized by public funds. 26 § 2. Subdivisions 2 and 3 of section 382 of the executive law, subdi- 27 vision 2 as amended by chapter 135 of the laws of 1997 and subdivision 3 28 as added by chapter 707 of the laws of 1981, are amended to read as 29 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14083-05-0A. 9633--A 2 1 2. Any person, having been served, either personally or by registered 2 or certified mail, with an order to remedy any condition found to exist 3 in, on, or about any building in violation of the uniform fire 4 prevention and building code, who shall fail to comply with such order 5 within the time fixed by the regulations promulgated by the secretary 6 pursuant to subdivision one of section three hundred eighty-one of this 7 article, such time period to be stated in the order, and any owner, 8 builder, architect, tenant, contractor, subcontractor, construction 9 superintendent or their agents or any other person taking part or 10 assisting in the construction of any building who shall knowingly 11 violate any of the applicable provisions of the uniform code or any 12 lawful order of a local government, a county or the secretary made ther- 13 eunder regarding standards for construction, maintenance, or fire 14 protection equipment and systems, shall be punishable by a fine of no 15 less than fifty dollars and not more than one thousand dollars per day 16 of violation, or imprisonment not exceeding one year, or both. A 17 person's second violation related to a property owned by such person 18 shall be punishable by a fine of no less than one hundred dollars and 19 not more than two thousand dollars per day of violation, or imprisonment 20 not exceeding one year, or both. A person's third violation related to a 21 property owned by such person shall be punishable by a fine of not less 22 than one hundred and fifty dollars and not more than three thousand 23 dollars per day of violation, or imprisonment not exceeding one year, or 24 both. 25 3. Where the construction or use of a building is in violation of any 26 provision of the uniform code or any lawful order obtained thereunder, a 27 justice of the supreme court at a special term in the judicial district 28 in which the building is located, may order the removal of the building 29 or an abatement of the condition in violation of such provisions. An 30 application for such relief may be made by the secretary, an appropriate 31 municipal officer, or any other person aggrieved by the violation. Any 32 person, having been served, either personally or by registered or certi- 33 fied mail, with an order to remedy the illegal conversion, maintenance 34 or occupancy of two or more dwellings above the number of dwelling units 35 legally authorized by the certificate of occupancy, who shall fail to 36 comply with such order within the time fixed by the regulations promul- 37 gated by the secretary pursuant to subdivision one of section three 38 hundred eighty-one of this article, such time period to be stated in the 39 order, and any owner, builder, architect, tenant, contractor, subcon- 40 tractor, construction superintendent or their agents or any other person 41 taking part or assisting in the construction of any building who shall 42 knowingly violate any of the applicable provisions of the uniform code 43 of any lawful order of a local government, a county or the secretary 44 made thereunder regarding standards for construction, maintenance, or 45 fire protection equipment and systems, shall be punishable by a fine of 46 not less than five hundred dollars. A person's second violation related 47 to a property owned by such person shall be punishable by a fine of not 48 less than one thousand dollars. A person's third violation related to a 49 property owned by such person shall be punishable by a fine of not less 50 than two thousand dollars. 51 § 3. This act shall take effect on the one hundred twentieth day after 52 it shall have become a law. Effective immediately, the addition, amend- 53 ment and/or repeal of any rule or regulation necessary for the implemen- 54 tation of this act on its effective date are authorized to be made and 55 completed on or before such effective date.