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

                                  8243

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2009
                               ___________

Introduced by M. of A. MAISEL -- read once and referred to the Committee
  on Transportation

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to establishing a violations hearing board to  conduct  hear-
  ings  of  parking  and  environmental control board violations; and to
  repeal chapter 2 of title 19 of the administrative code of the city of
  New York relating to the parking violations bureau

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

  Section  1.  Chapter  2  of title 19 of the administrative code of the
city of New York is REPEALED.
  S 2. Title 7 of the administrative code of the city  of  New  York  is
amended by adding a new chapter 10 to read as follows:
                               CHAPTER 10
                        VIOLATIONS HEARING BOARD
  S  7-1001  DEFINITIONS.  WHENEVER  USED IN THIS CHAPTER, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A. "COMMISSIONER" MEANS THE COMMISSIONER OF FINANCE.
  B. "DEPARTMENT" MEANS THE DEPARTMENT OF FINANCE.
  S 7-1002 VIOLATIONS HEARING BOARD CREATED. THERE IS HEREBY CREATED  IN
THE DEPARTMENT A VIOLATIONS HEARING BOARD WHICH SHALL HAVE THE JURISDIC-
TION  OF  PARKING  AND  ENVIRONMENTAL  CONTROL BOARD VIOLATIONS. FOR THE
PURPOSE OF THIS CHAPTER, A PARKING VIOLATION IS  THE  VIOLATION  OF  ANY
LOCAL  LAW,  RULE  OR REGULATION PROVIDED FOR OR REGULATING THE PARKING,
STOPPING OR STANDING OF A MOTOR VEHICLE. FOR THE PURPOSE OF  THIS  CHAP-
TER,  AN  ENVIRONMENTAL  CONTROL BOARD VIOLATION IS THE VIOLATION OF ANY
LOCAL LAW, RULE OR REGULATION WHICH THE ENVIRONMENTAL CONTROL  BOARD  IS
AUTHORIZED  TO  ENFORCE  UNDER  SUBDIVISION  C  OF  SECTION ONE THOUSAND
FORTY-NINE-A OF THE CHARTER OF THE CITY OF NEW YORK.
  S 7-1003 PERSONNEL OF THE BUREAU. A. THE HEAD OF SUCH BUREAU SHALL  BE
THE  DIRECTOR,  WHO SHALL BE APPOINTED BY THE COMMISSIONER. THE DIRECTOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10873-02-9
              

A. 8243                             2

MAY DELEGATE ANY OF THE POWERS AND DUTIES CONFERRED UPON HIM OR  HER  BY
THIS CHAPTER.
  B.  THE  DIRECTOR  MAY  APPOINT  A DEPUTY DIRECTOR AND MAY EMPLOY SUCH
OFFICERS AND EMPLOYEES AS MAY BE REQUIRED TO PERFORM  THE  WORK  OF  THE
BUREAU, WITHIN THE AMOUNTS AVAILABLE THEREFOR BY APPROPRIATION.
  C.  THE DIRECTOR SHALL APPOINT SENIOR HEARING EXAMINERS, NOT TO EXCEED
TEN IN NUMBER. THE DUTIES OF EACH SENIOR HEARING EXAMINER SHALL INCLUDE,
BUT NOT BE LIMITED TO: (1) PRESIDING AT HEARINGS FOR THE ADJUDICATION OF
CHARGES OF PARKING OR ENVIRONMENTAL CONTROL BOARD  VIOLATIONS;  (2)  THE
SUPERVISION  AND  ADMINISTRATION  OF  THE  WORK  OF  THE BUREAU; AND (3)
MEMBERSHIP ON THE APPEALS BOARD OF THE BUREAU, AS HEREIN PROVIDED.
  D. THE DIRECTOR SHALL APPOINT HEARING EXAMINERS WHO SHALL  PRESIDE  AT
HEARINGS  FOR  THE  ADJUDICATION  OF CHARGES OF PARKING OR ENVIRONMENTAL
CONTROL BOARD VIOLATIONS. THE DIRECTOR MAY ALSO DESIGNATE NON-COMPENSAT-
ED HEARING EXAMINERS AS HE OR SHE MAY DEEM NECESSARY.
  S 7-1004 FUNCTIONS, POWERS AND DUTIES OF THE VIOLATIONS HEARING BOARD.
THE VIOLATIONS HEARING BOARD SHALL HAVE THE FOLLOWING FUNCTIONS,  POWERS
AND DUTIES:
  A.  TO  ACCEPT PLEAS TO, AND TO HEAR AND DETERMINE, CHARGES OF PARKING
OR ENVIRONMENTAL CONTROL BOARD VIOLATIONS;
  B. TO PROVIDE FOR PENALTIES OTHER THAN  IMPRISONMENT  FOR  PARKING  OR
ENVIRONMENTAL CONTROL BOARD VIOLATIONS;
  C. TO ADOPT RULES AND REGULATIONS NOT INCONSISTENT WITH ANY APPLICABLE
PROVISION  OF  LAW  TO CARRY OUT THE PURPOSES OF THIS CHAPTER, INCLUDING
BUT NOT LIMITED TO RULES AND REGULATIONS PRESCRIBING THE INTERNAL PROCE-
DURES AND ORGANIZATION OF THE BUREAU, THE MANNER AND  TIME  OF  ENTERING
PLEAS,  THE CONDUCT OF HEARINGS, AND THE AMOUNT AND MANNER OF PAYMENT OF
PENALTIES;
  D. TO ISSUE SUBPOENAS TO COMPEL THE  ATTENDANCE  OF  PERSONS  TO  GIVE
TESTIMONY  AT  HEARINGS  AND TO COMPEL THE PRODUCTION OF RELEVANT BOOKS,
PAPERS AND OTHER THINGS;
  E. TO ENTER JUDGMENTS AND ENFORCE THEM, WITHOUT COURT PROCEEDINGS,  IN
THE SAME MANNER AS THE ENFORCEMENT OF MONEY JUDGMENTS IN CIVIL ACTIONS;
  F.  TO  COMPILE AND MAINTAIN COMPLETE AND ACCURATE RECORDS RELATING TO
ALL CHARGES AND DISPOSITIONS;
  G. TO REMIT TO THE COMMISSIONER, ON OR BEFORE  THE  FIFTEENTH  DAY  OF
EACH MONTH, ALL MONETARY PENALTIES OR FEES RECEIVED BY THE BUREAU DURING
THE  PRIOR  CALENDAR  MONTH, ALONG WITH A STATEMENT THEREOF, AND, AT THE
SAME TIME, TO FILE A DUPLICATE COPY OF SUCH  STATEMENT  WITH  THE  COMP-
TROLLER;
  H.  TO  PREPARE AND ISSUE A NOTICE OF VIOLATION IN BLANK TO MEMBERS OF
THE POLICE DEPARTMENT, THE FIRE DEPARTMENT, THE DEPARTMENT OF  TRANSPOR-
TATION  AND  TO  OTHER OFFICERS AS THE BUREAU BY REGULATION SHALL DETER-
MINE. THE NOTICE OF VIOLATION, WHEN FILLED IN AND SWORN TO  OR  AFFIRMED
BY  SUCH  DESIGNATED  OFFICERS,  AND SERVED AS PROVIDED IN THIS CHAPTER,
SHALL CONSTITUTE NOTICE OF THE PARKING VIOLATION CHARGED.
  S 7-1005 NOTICE OF VIOLATION. THE NOTICE OF  VIOLATION  SHALL  CONTAIN
INFORMATION  ADVISING  THE  PERSON CHARGED OF THE MANNER AND THE TIME IN
WHICH HE OR SHE MAY PLEAD EITHER GUILTY OR  NOT  GUILTY  TO  THE  CHARGE
ALLEGED  IN  THE  NOTICE.  SUCH NOTICE OF VIOLATION SHALL ALSO CONTAIN A
WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE TO PLEAD IN THE MANNER
AND TIME PROVIDED SHALL BE DEEMED, FOR ALL  PURPOSES,  AN  ADMISSION  OF
LIABILITY  AND  THAT  A  DEFAULT  JUDGMENT MAY BE RENDERED. THE FORM AND
WORDING OF THE NOTICE OF VIOLATION SHALL BE PRESCRIBED BY THE  DIRECTOR.
A COPY OF EACH NOTICE OF VIOLATION SERVED SHALL BE FILED AND RETAINED BY
THE  BUREAU, AND SHALL BE DEEMED A RECORD KEPT IN THE ORDINARY COURSE OF

A. 8243                             3

BUSINESS, AND SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THER-
EIN.
  S  7-1006  HEARINGS.  A.  WHENEVER  A PERSON CHARGED WITH A PARKING OR
ENVIRONMENTAL CONTROL BOARD VIOLATION ENTERS A PLEA OF NOT  GUILTY,  THE
BUREAU SHALL ADVISE SUCH PERSON PERSONALLY OR BY REGISTERED OR CERTIFIED
MAIL,  RETURN  RECEIPT  REQUESTED,  OF  THE DATE ON WHICH HE OR SHE MUST
APPEAR TO ANSWER THE CHARGE AT A HEARING. THE FORM AND CONTENT  OF  SUCH
NOTICE OF HEARING SHALL BE PRESCRIBED BY THE DIRECTOR, AND SHALL CONTAIN
A WARNING TO ADVISE THE PERSON SO PLEADING THAT FAILURE TO APPEAR ON THE
DATE  DESIGNATED,  OR ON ANY SUBSEQUENT ADJOURNED DATE, SHALL BE DEEMED,
FOR ALL PURPOSES, AN ADMISSION OF LIABILITY, AND THAT A DEFAULT JUDGMENT
MAY BE RENDERED.
  B. (1) EVERY HEARING FOR THE ADJUDICATION OF A CHARGE  OF  PARKING  OR
ENVIRONMENTAL  CONTROL  BOARD  VIOLATION  SHALL  BE HELD BEFORE A SENIOR
HEARING EXAMINER OR A HEARING EXAMINER  IN  ACCORDANCE  WITH  RULES  AND
REGULATIONS PROMULGATED BY THE BUREAU.
  (2)  NO CHARGE MAY BE ESTABLISHED EXCEPT UPON PROOF BY A PREPONDERANCE
OF THE EVIDENCE.
  (3) THE HEARING OFFICER SHALL NOT BE BOUND BY THE RULES OF EVIDENCE IN
THE CONDUCT OF THE HEARING, EXCEPT RULES RELATING TO PRIVILEGED COMMUNI-
CATIONS.
  (4) THE HEARING OFFICER MAY, IN HIS  OR  HER  DISCRETION,  OR  AT  THE
REQUEST OF THE PERSON CHARGED, ISSUE A SUBPOENA TO COMPEL THE APPEARANCE
AT  A  HEARING  OF  THE OFFICER WHO SERVED THE NOTICE OF VIOLATION OR OF
OTHER PERSONS TO GIVE TESTIMONY, AND MAY ISSUE A SUBPOENA DUCES TECUM TO
COMPEL THE PRODUCTION FOR EXAMINATION OR INTRODUCTION INTO EVIDENCE,  OF
ANY BOOK, PAPER OR OTHER THING RELEVANT TO THE CHARGES.
  (5)  IN  THE CASE OF A REFUSAL TO OBEY A SUBPOENA, THE BUREAU MAY MAKE
APPLICATION TO  THE  SUPREME  COURT  PURSUANT  TO  SECTION  TWENTY-THREE
HUNDRED  EIGHT OF THE CIVIL PRACTICE LAW AND RULES, FOR AN ORDER REQUIR-
ING SUCH APPEARANCE, TESTIMONY OR PRODUCTION OF EVIDENCE.
  (6) THE HEARING OFFICER SHALL NOT EXAMINE THE PARKING OR ENVIRONMENTAL
CONTROL BOARD RECORD OF A PERSON CHARGED  PRIOR  TO  MAKING  A  DETERMI-
NATION.
  S  7-1007 JUDGMENTS. THE HEARING OFFICER SHALL MAKE A DETERMINATION ON
THE CHARGES, EITHER SUSTAINING OR DISMISSING  THEM.  WHERE  THE  HEARING
OFFICER  DETERMINES  THAT  THE CHARGES HAVE BEEN SUSTAINED HE OR SHE MAY
EXAMINE THE PARKING OR ENVIRONMENTAL CONTROL BOARD VIOLATIONS RECORD  OF
THE  PERSON  CHARGED PRIOR TO RENDERING A JUDGMENT. JUDGMENTS SUSTAINING
OR DISMISSING CHARGES SHALL BE ENTERED ON A JUDGMENT ROLL MAINTAINED  BY
THE  BUREAU  TOGETHER  WITH  RECORDS  SHOWING PAYMENT AND NON-PAYMENT OF
PENALTIES.
  S 7-1008 APPEALS WITHIN THE BUREAU. A. THERE SHALL BE AN APPEALS BOARD
WITHIN THE BUREAU WHICH SHALL CONSIST OF THREE OR  MORE  SENIOR  HEARING
EXAMINERS, AS THE DIRECTOR SHALL DETERMINE.
  B. AN APPEAL FROM A JUDGMENT OF ANY HEARING OFFICER SHALL BE SUBMITTED
TO THE APPEALS BOARD, WHICH SHALL HAVE POWER TO REVIEW THE FACTS AND THE
LAW,  BUT SHALL NOT CONSIDER ANY EVIDENCE WHICH WAS NOT PRESENTED TO THE
HEARING OFFICER AND SHALL HAVE POWER TO REVERSE OR MODIFY  ANY  JUDGMENT
APPEALED FROM FOR ERROR OF FACT OR LAW.
  C. A PARTY AGGRIEVED BY THE JUDGMENT OF A HEARING OFFICER MAY OBTAIN A
REVIEW  THEREOF  BY  SERVING  UPON  THE BUREAU WITHIN THIRTY DAYS OF THE
ENTRY OF SUCH JUDGMENT, A NOTICE OF APPEAL SETTING FORTH THE REASONS WHY
THE JUDGMENT SHOULD BE REVERSED OR MODIFIED.
  D. APPEALS SHALL BE MADE  WITHOUT  THE  APPEARANCE  OF  THE  APPELLANT
UNLESS  REQUESTED BY THE APPELLANT OR THE APPEALS BOARD. WITHIN TEN DAYS

A. 8243                             4

AFTER THE REQUEST FOR AN APPEARANCE, MADE BY THE APPELLANT OR THE BOARD,
THE BUREAU SHALL ADVISE THE APPELLANT, EITHER PERSONALLY  OR  BY  REGIS-
TERED  OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OF THE DATE ON WHICH
HE  OR  SHE  SHALL APPEAR. THE APPELLANT SHALL BE NOTIFIED IN WRITING OF
THE DECISION OF THE APPEALS BOARD.
  E. THE SERVICE OF A NOTICE OF APPEAL SHALL NOT STAY THE ENFORCEMENT OF
A JUDGMENT APPEALED FROM UNLESS THE APPELLANT SHALL HAVE POSTED  A  BOND
IN  THE AMOUNT OF THE JUDGMENT APPEALED FROM, AT THAT TIME OF, OR BEFORE
THE SERVICE OF SUCH NOTICE.
  S 7-1009 JUDICIAL REVIEW. THE ORDER OF THE APPEALS BOARD SHALL BE  THE
FINAL  DETERMINATION OF THE BUREAU. JUDICIAL REVIEW MAY BE SOUGHT PURSU-
ANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  S 3. Subdivisions e, g, and h of section 19-171.1 of  the  administra-
tive  code  of  the city of New York, as added by local law number 19 of
the city of New York for the year 2007, are amended to read as follows:
  e. Where a police or peace officer or  an  authorized  employee  of  a
department  designated by the commissioner serves a summons or notice of
violation for violation of this section on a person operating  a  multi-
passenger  wheeled  device  or  motorized  pedicab, such multi-passenger
wheeled device or motorized pedicab may be  seized.  Any  device  seized
pursuant  to this subdivision shall be delivered into the custody of the
police department. The [environmental control board] VIOLATIONS  HEARING
BOARD  shall hold a hearing to adjudicate the violation of subdivision b
of this section on an expedited schedule and shall render  its  determi-
nation accordingly.
  g.  Where  the  [environmental control board] VIOLATIONS HEARING BOARD
finds that there was no violation of subdivision b of this section,  the
owner  shall  be entitled forthwith to possession of the multi-passenger
wheeled device or motorized pedicab without charge or to the extent that
any amount has been previously paid for  release  of  the  device,  such
amount shall be refunded.
  h.  Where  the [board] VIOLATIONS HEARING BOARD, after adjudication of
the violation of subdivision b of this section,  finds  a  violation  of
such  subdivision,  then  (i)  if  the multi-passenger wheeled device or
motorized pedicab is not subject to forfeiture pursuant to paragraph one
of subdivision j, the police department shall release such device to its
owner upon payment of all applicable civil penalties and all  reasonable
costs  of  removal  and  storage; or (ii) if the multi-passenger wheeled
device or motorized pedicab is subject to forfeiture pursuant  to  para-
graph  one  of  subdivision j of this section, the police department may
release such device to its owner upon payment of all civil penalties and
all reasonable costs of removal and storage, or may commence  a  forfei-
ture  action  within ten days after the written demand by such owner for
such device.
  S 4. Subdivisions c and f of section 19-176 of the administrative code
of the city of New York, subdivision c as amended and subdivision  f  as
relettered  by  local law number 14 of the city of New York for the year
2002, subdivision f as added by local law number 6 of the  city  of  New
York for the year 1996, are amended to read as follows:
  c.  A  person  who  violates subdivision b of this section in a manner
that endangers any other person or property shall be guilty of a  misde-
meanor,  punishable  by  a  fine of not more than one hundred dollars or
imprisonment for not more than twenty days or both such fine and  impri-
sonment.  Such  person  shall  also be liable for a civil penalty of not
less than one hundred dollars  nor  more  than  three  hundred  dollars,
except where [a hearing officer] THE VIOLATIONS HEARING BOARD has deter-

A. 8243                             5

mined that where there was physical contact between the rider and anoth-
er  person,  an  additional  civil  penalty of not less than one hundred
dollars nor more than two hundred dollars may  be  imposed.  Such  civil
penalties  may  be  recovered  in a proceeding before the [environmental
control board] VIOLATIONS HEARING BOARD. Enforcement agents shall  indi-
cate  on  the  summons  or  notice  of violation issued pursuant to this
subdivision whether physical contact was  made  between  the  rider  and
another  person.  Any person who violates any provision of this subdivi-
sion more than once within any six month period shall be subject to  the
imposition  of  civil  penalties  in an amount that is double what would
otherwise have been imposed for the commission of a first violation.  It
shall  be  an  affirmative defense that physical contact between a rider
and another person was in no way the fault of the rider.
  f. The owner of a bicycle shall be given the opportunity  for  a  post
seizure  hearing  within  five  business  days before the [environmental
control board] VIOLATIONS HEARING BOARD regarding the  impoundment.  The
[environmental  control  board]  VIOLATIONS HEARING BOARD shall render a
determination within three business days after  the  conclusion  of  the
hearing.  Where the board finds that there was no basis for the impound-
ment, the owner shall be entitled forthwith to possession of the bicycle
without charge or to the extent that any amount has been previously paid
for release of the bicycle, such amount shall be refunded.
  S 5. Subdivision e and paragraphs 3 and 4 of subdivision f of  section
10-117.3 of the administrative code of the city of New York, as added by
local  law  number  111  of  the city of New York for the year 2005, are
amended to read as follows:
  e. Penalty for failure to remove graffiti from  residential  buildings
containing six or more dwelling units or commercial buildings. The owner
of  a residential building of six or more units or a commercial building
who has been given written notice to remove graffiti from such building,
and who fails to remove such graffiti within sixty days  of  receipt  of
such  notice,  shall  be liable for a civil penalty of not less than one
hundred fifty dollars nor more than three hundred  dollars.  Such  civil
penalty  may  be  recovered  in  a  proceeding before the [environmental
control] VIOLATIONS HEARING board. The owner of a  residential  building
containing six or more dwelling units or a commercial building shall not
be  liable  for a civil penalty if, within sixty days of receipt of such
notice, such owner can demonstrate that  the  owner  has  contacted  the
mayor's community assistance unit, through a call to 311, with regard to
providing  graffiti  removal  services with respect to the graffiti that
was the subject of the notice, and has executed a written consent and  a
waiver  of liability in the form prescribed by the mayor with respect to
such graffiti. Notwithstanding the foregoing, a property  shall  not  be
fined more than once in any six-month period, and summonses shall not be
issued between November 1 and March 31.
  3.  Upon receipt of a timely request for a hearing, a hearing shall be
held before the [environmental control] VIOLATIONS HEARING board  within
thirty days of receiving the request.
  4.  Upon  a  finding  of a hearing [officer] EXAMINER of the [environ-
mental control] VIOLATIONS HEARING board that the property has become  a
nuisance  because  of graffiti the city may enter or access the property
specified in the notice and abate the nuisance by removing or concealing
the graffiti.
  S 6. Subdivision e of section 18-108.1 of the administrative  code  of
the city of New York, as added by local law number 42 of the city of New
York for the year 1995, is amended to read as follows:

A. 8243                             6

  e. The owner of a motorcycle, all terrain vehicle, snowmobile or motor
vehicle shall be given the opportunity for a post seizure hearing within
five business days before the [environmental control] VIOLATIONS HEARING
board  regarding  the  seizure.  The  [environmental control] VIOLATIONS
HEARING  board  shall  render a determination within three business days
after the conclusion of the hearing. Where the  [environmental  control]
VIOLATIONS  HEARING board finds that there was no basis for the seizure,
the owner shall be entitled forthwith to possession of  the  motorcycle,
all  terrain  vehicle, snowmobile or motor vehicle without charge and to
the extent that any amount has been previously paid for release  of  the
motorcycle,  all  terrain  vehicle,  snowmobile  or  motor vehicle, such
amount shall be refunded.
  S 7. Subdivisions a, c and d and paragraph (i)  of  subdivision  e  of
section  22-220  of  the  administrative  code  of the city of New York,
subdivisions a and d and paragraph (i) of subdivision e  as  amended  by
local law number 54 of the city of New York for the year 1995 and subdi-
vision c as added by local law number 50 of the city of New York for the
year 1995, are amended to read as follows:
  a. Any police officer or authorized officer or employee of the depart-
ment may, upon service of a notice of violation or criminal summons upon
the  owner or operator of a vehicle or other property or equipment seize
such vehicle or such other property or equipment which such police offi-
cer or authorized officer or employee has reasonable cause to believe is
being used in connection with an act constituting a violation of  subdi-
vision  a of section 22-204, subdivision a of section 22-206 or subdivi-
sion c of section 22-208 of this chapter.    Any  vehicle,  property  or
equipment  seized  pursuant  to this subdivision shall be delivered into
the custody of the department  or  other  appropriate  agency.  Where  a
notice  of  violation  has  been  served,  a  hearing  to adjudicate the
violation underlying the seizure shall be held before the [environmental
control] VIOLATIONS HEARING board within five business  days  after  the
seizure and such board shall render a decision within five business days
after  the  conclusion of the hearing. Where a criminal summons has been
served, a hearing to adjudicate the  violation  underlying  the  seizure
shall  be  held  before  a court of competent jurisdiction. In the event
that such court or the [environmental control] VIOLATIONS HEARING  board
determines  that  there  has been no violation, the vehicle, property or
equipment that was seized shall be released forthwith to  the  owner  or
any  person  authorized by the owner to take possession of such vehicle,
property or equipment.
  c. Where a court  of  competent  jurisdiction  or  the  [environmental
control]  VIOLATIONS  HEARING  board makes a finding that the vehicle or
other property or equipment has not been used in connection with an  act
constituting a violation of subdivision a of section 22-204, subdivision
a  of section 22-206 or subdivision c of section 22-208 of this chapter,
the vehicle or other property or equipment shall be  released  forthwith
to the owner or any person authorized by the owner to take possession of
such vehicle, property or equipment.
  d.  Any  vehicle  or  other  property  or  equipment that has not been
claimed by the owner within ten business days  after  mailing  by  first
class  mail  to  such  owner  of notice of a determination by a court of
competent jurisdiction or  by  the  [environmental  control]  VIOLATIONS
HEARING  board  that  there has been no violation or that the vehicle or
other property or equipment was not used in connection with a  violation
of  subdivision  a of section 22-204, subdivision a of section 22-206 or
subdivision c of section 22-208 of this chapter shall be deemed  by  the

A. 8243                             7

department  to  be abandoned. Any vehicle unclaimed under the provisions
of this subdivision shall be disposed of by the department  pursuant  to
section twelve hundred twenty-four of the vehicle and traffic law. Prop-
erty  or  equipment other than a vehicle shall be disposed of by sale at
public auction following  notice  by  publication  in  the  city  record
describing  such  property  or equipment not less than ten business days
prior to such sale. Such notice shall provide that the owner may reclaim
such property or equipment until a date that shall be  not  sooner  than
ten business days from the date the notice is published.
  (i)  In  addition to any other fines, penalties, sanctions or remedies
provided for in this chapter, a vehicle or other property  or  equipment
which  has been seized pursuant to subdivision a of this section and all
rights, title and interest therein shall be subject to  forfeiture  upon
notice  and  judicial determination thereof if the owner of such vehicle
or other property or equipment has been  found  liable  by  a  court  of
competent jurisdiction or the [environmental control] VIOLATIONS HEARING
board  on  one  or  more  prior occasions for using such vehicle or such
other property or equipment in connection with  an  act  constituting  a
violation  of  subdivision a of section 22-204, subdivision a of section
22-206 or subdivision c of section 22-208 of this chapter.
  S 8. Subdivisions a, c and d and paragraph (i)  of  subdivision  e  of
section  22-262.1 of the administrative code of the city of New York, as
added by local law number 15 of the city of New York for the year  2000,
are amended to read as follows:
  a. Any police officer or authorized officer or employee of the depart-
ment may, upon service of a notice of violation or criminal summons upon
the owner or operator of a vehicle or other property or equipment, seize
such vehicle or such other property or equipment which such police offi-
cer or authorized officer or employee has reasonable cause to believe is
being  used in connection with an act constituting a violation of subdi-
vision a of section 22-253 of this chapter where such vehicle  or  other
property  or equipment is owned, leased or rented by a person subject to
the provisions of such subdivision or such vehicle or other property  or
equipment  is  owned  by  a  person  other  than an employee and is used
directly by a person subject to the provisions of such subdivision.  Any
vehicle, property or equipment seized pursuant to this subdivision shall
be  delivered  into  the  custody of the department or other appropriate
agency. Where a notice of violation has been served, a hearing to  adju-
dicate  the  violation  underlying  the seizure shall be held before the
[environmental control] VIOLATIONS HEARING board  within  five  business
days  after  the  seizure  and such board shall render a decision within
five business days after the conclusion of the hearing. Where a criminal
summons has been served, a hearing to adjudicate the violation  underly-
ing  the seizure shall be held before a court of competent jurisdiction.
In the event that such court or the [environmental  control]  VIOLATIONS
HEARING  board determines that there has been no violation, the vehicle,
property or equipment that was seized shall be released forthwith to the
owner or any person authorized by the owner to take possession  of  such
vehicle, property or equipment.
  c.  Where  a  court  of  competent  jurisdiction or the [environmental
control] VIOLATIONS HEARING board makes a finding that  the  vehicle  or
other  property or equipment has not been used in connection with an act
constituting a violation of subdivision a  of  section  22-253  of  this
chapter,  the  vehicle  or other property or equipment shall be released
forthwith to the owner or any person authorized by  the  owner  to  take
possession of such vehicle, property or equipment.

A. 8243                             8

  d.  Any  vehicle  or  other  property  or  equipment that has not been
claimed by the owner within ten business days  after  mailing  by  first
class  mail  to  such  owner  of notice of a determination by a court of
competent jurisdiction or  by  the  [environmental  control]  VIOLATIONS
HEARING  board  that  there has been no violation or that the vehicle or
other property or equipment was not used in connection with a  violation
of  subdivision  a  of section 22-253 of this chapter shall be deemed by
the  department  to  be  abandoned.  Any  vehicle  unclaimed  under  the
provisions  of  this  subdivision shall be disposed of by the department
pursuant to section twelve hundred twenty-four of the vehicle and  traf-
fic law. Property or equipment other than a vehicle shall be disposed of
by  sale  at  public auction following notice by publication in the city
record describing such property or equipment not less than ten  business
days  prior  to  such sale. Such notice shall provide that the owner may
reclaim such property or equipment until a date that shall be not sooner
than ten business days from the date the notice is published.
  (i) in addition to any other fines, penalties, sanctions  or  remedies
provided  for  in this chapter, a vehicle or other property or equipment
which has been seized pursuant to subdivision a of this section and  all
rights,  title  and interest therein shall be subject to forfeiture upon
notice and judicial determination thereof if the owner of  such  vehicle
or  other  property  or  equipment  has  been found liable by a court of
competent jurisdiction or the [environmental control] VIOLATIONS HEARING
board on one or more prior occasions for  using  such  vehicle  or  such
other  property  or  equipment  in connection with an act constituting a
violation of subdivision a of section 22-253 of this chapter.
  S 9. Section 24-146.2 of the administrative code of the  city  of  New
York,  as  added by local law number 101 of the city of New York for the
year 1989, is amended to read as follows:
  S 24-146.2 Enforcement of the labor law. Pursuant to  subdivision  two
of  section  nine  hundred  ten of the labor law, the commissioner shall
have all the powers and responsibility of the commissioner of  labor  in
enforcing  the  provisions  of  article  thirty of the labor law and the
rules and regulations adopted thereunder; provided,  however,  that  the
civil  penalties  authorized  pursuant  to  subdivisions  one and two of
section nine hundred nine of such law shall be imposed by the  [environ-
mental  control]  VIOLATIONS HEARING board after a hearing in accordance
with the rules of the board.
  S 10. Subdivision b and paragraph 1 of subdivision d and  paragraph  4
of  subdivision  e  of  section 24-346 of the administrative code of the
city of New York, subdivision b as amended by local law number 35 of the
city of New York for the year 2008, is amended to read as follows:
  b. Any person who  violates  or  fails  to  comply  with  any  of  the
provisions  of this chapter and chapter four of this title or any order,
rule or regulation issued by the  board  or  commissioner  or  with  the
conditions  of  any permit issued by the commissioner within the city of
New York shall be liable for a civil penalty of not less than fifty  nor
more  than  one  thousand  dollars  for each violation. In the case of a
continuing violation each days  continuance  shall  be  a  separate  and
distinct  offense.  The environmental control board shall have the power
to impose such civil penalties. A proceeding to  impose  such  penalties
shall be commenced by the service of a notice of violation returnable to
such  board.  Such  board, after a hearing BEFORE THE VIOLATIONS HEARING
BOARD as provided by the rules and regulations of the VIOLATIONS HEARING
board, shall have the power to enforce its final  decisions  and  orders
imposing  such  civil penalties as if they were money judgments pursuant

A. 8243                             9

to subdivision d of section one thousand forty-nine-a of  the  New  York
city charter. A civil penalty imposed by the board may also be collected
in  an  action brought in the name of the city in any court of competent
jurisdiction.  The  board, in its discretion, may, within the limits set
forth in this subdivision, establish a schedule of civil penalties indi-
cating the minimum and maximum penalty for each separate offense.
  1. In the case of any continued or knowing violation  of  any  of  the
provisions  of this chapter and chapter four of this title or any order,
rule or regulation issued by the board or commissioner or of the  condi-
tions  of  any  permit issued by the commissioner within the city of New
York or where the  board  finds  that  the  violation  of  any  of  such
provisions or of the conditions of any such permit presents or may pres-
ent  a  danger to the water supply or the water supply system, the board
after notice and the opportunity for a  hearing  BEFORE  THE  VIOLATIONS
HEARING  BOARD  in  accordance  with  the  rules  and regulations of the
VIOLATIONS HEARING board, may issue a cease and desist  order  requiring
any person who owns, leases, operates, controls or supervises any build-
ing,  structure,  facility, device, equipment, installation or operation
to cease and desist from any activity or  process  which  causes  or  is
conducted  so  as  to  cause such violation within the time specified in
such order.
  4. Any person affected by such an order may make  written  application
to  the  [environmental  control] VIOLATIONS HEARING board for a hearing
BEFORE THE VIOLATIONS HEARING BOARD.   Such hearing shall  be  provided,
pursuant  to  the  rules and regulations of the board, and shall be held
within forty-eight hours after the receipt of  such  application.    The
board may suspend, modify or terminate such order.
  S 11. This act shall take effect immediately.