Senate Bill S1980

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1980--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 10, 2009
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  reported  favorably from said committee and committed to the Committee
  on Codes -- committee discharged, bill amended, ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the general municipal law, in relation to protecting
  historic districts and landmarks  from  substantial  deterioration  by
  neglect

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 96-a of the general  municipal  law,  as  added  by
chapter 513 of the laws of 1968, is amended to read as follows:
  S  96-a.  Protection of historical places, buildings and works of art.
In addition to any power or authority  of  a  municipal  corporation  to
regulate by planning or zoning laws and regulations or by local laws and
regulations,  the governing board or local legislative body of any coun-
ty, city, town or  village  is  empowered  to  provide  by  regulations,
special  conditions  and  restrictions  for the protection, enhancement,
perpetuation and use of places, districts, sites, buildings, structures,
works of art, and other objects having a special  character  or  special
historical  or  aesthetic  interest or value.  SUCH REGULATIONS, SPECIAL
CONDITIONS AND RESTRICTIONS MAY PROHIBIT IMPROPER MAINTENANCE OR LACK OF
MAINTENANCE WHICH RESULTS IN SUBSTANTIAL  DETERIORATION  AS  DEFINED  IN
SECTION  ONE  HUNDRED  NINETEEN-B  OF  THIS  CHAPTER  THAT THREATENS THE
AESTHETIC OR HISTORICAL VALUE, STABILITY AND PRESERVATION OF SUCH  PLAC-
ES, DISTRICTS, SITES, BUILDINGS, STRUCTURES, WORKS OF ART AND OTHER SUCH
OBJECTS  OF  INTEREST OR VALUE. Such regulations, special conditions and
restrictions may include appropriate and reasonable control of  the  use
or  appearance  of  neighboring  private property within public view, or
both. In any such instance such measures, if adopted in the exercise  of
the police power, shall be reasonable and appropriate to the purpose, or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02855-03-9
              

S. 1980--A                          2

if  constituting  a  taking  of  private  property shall provide for due
compensation, which may include the limitation or remission of taxes.
  S  2. Subdivision 1 of section 119-dd of the general municipal law, as
added by chapter 354 of the laws of 1980, is amended to read as follows:
  1. Provide by regulations, special conditions and restrictions for the
protection, enhancement, perpetuation  and  use  of  places,  districts,
sites,  buildings,  structures,  works of art and other objects having a
special character or special historical, cultural or aesthetic  interest
or  value.    SUCH  REGULATIONS, SPECIAL CONDITIONS AND RESTRICTIONS MAY
PROHIBIT IMPROPER MAINTENANCE OR LACK OF MAINTENANCE  WHICH  RESULTS  IN
SUBSTANTIAL  DETERIORATION AS DEFINED IN SECTION ONE HUNDRED NINETEEN-BB
OF THIS ARTICLE  THAT  THREATENS  THE  AESTHETIC  OR  HISTORICAL  VALUE,
STABILITY  AND PRESERVATION OF SUCH PLACES, DISTRICTS, SITES, BUILDINGS,
STRUCTURES, WORKS OF ART AND OTHER SUCH OBJECTS OF  INTEREST  OR  VALUE.
Such regulations, special conditions and restrictions may include appro-
priate  and  reasonable  control of the use or appearance of neighboring
private property within the public view, or both.
  S 3. Subdivision 6 of section 119-bb of the general municipal  law  is
renumbered  subdivision  7  and  a new subdivision 6 is added to read as
follows:
  6. "SUBSTANTIAL DETERIORATION" MEANS DEGRADATION OF SUCH A NATURE THAT
DAMAGING WATER PENETRATION IS NO LONGER PREVENTED, OR THAT CAUSES STRESS
OR STRAIN ON STRUCTURAL MEMBER SUPPORTS OR MATERIALS THAT CONTRIBUTE  TO
COLLAPSE OR WARPING, EVIDENCE OF WHICH MAY INCLUDE PREVIOUSLY FUNCTIONAL
BUT  NOW  DEFECTIVE MATERIALS, BROKEN WINDOWS, COVERINGS AND INTERNAL OR
EXTERNAL DECAY.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.