senate Bill S690A

2011-2012 Legislative Session

Authorizes the environmental control board to adjudicate disputes between adjoining real property owners over the blocking of a driveway in the city of New York

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 10, 2012 print number 690a
amend and recommit to cities
Jan 04, 2012 referred to cities
Jan 05, 2011 referred to cities

Bill Amendments

Original
A (Active)
Original
A (Active)

S690 - Bill Details

Current Committee:
Law Section:
New York City Charter
Laws Affected:
Amd §1049-a, NYC Chart; amd §237, V & T L; amd §24-346, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
S5513, S6213B

S690 - Bill Texts

view summary

Authorizes the environmental control board to adjudicate disputes between adjoining real property owners over the blocking of a driveway, the ownership or use of which is shared by such adjoining owners in the city of New York; further appoints another hearing officer to the board who shall be an attorney; defines the term "blocking".

view sponsor memo
BILL NUMBER:S690

TITLE OF BILL:
An act
to amend the New York city charter, the vehicle and traffic law and the
administrative code of the city of New York, in relation to the
"open driveway act" regarding the
environmental control board adjudication of disputes concerning the
blocking of a driveway; and providing for the repeal of such provisions
upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
This bill, which is referred to as the "Open Driveway Act," grants the
Environmental control Board the power to adjudicate disputes arising
between adjoining real property owners over the blocking of a
driveway, the ownership or use of which is shared by such adjoining
property owners. This bill also defines "blocking" to mean the
parking or standing of a motor vehicle in a manner that prohibits
the ingress or egress of other vehicles authorized to use such
driveway.

SUMMARY OF SPECIFIC PROVISIONS:
Subdivision d of Section 1404 of the New York City Charter is
relettered as Subdivision e and a new Subdivision d is added which:

(1) Requires the environmental control board to adopt rules and
regulations to adjudicate disputes regarding a blocked driveway
arising between adjoining property owners who share ownership and use
of a such driveway, and requires such rules and regulations to
provide that the board:

(a) Provide proper notice to persons who are affected by the
adjudication.

(b) Render a decision that includes a determination of the rights of
the parties concerning the property.

(c) Impose penalties in accordance with a schedule of monetary fines,
which will not exceed one hundred fifty dollars, whenever a blocking
of a driveway is determined to have occurred.

(2) Requires the board to appoint a hearing officer who shall be an
attorney with a background and experience in real property to
adjudicate these disputes.

(3) Defines "blocking" as the parking or standing of a motor vehicle
in a manner which prohibits the ingress or egress of other vehicles
authorized to use such driveway.

(4) Nothing in this subdivision shall be deemed to diminish or
extinguish a person's right to a trial by jury.

(5) Requires that if any provision of this subdivision or application
of which is held invalid, the remainder of this subdivision and
section shall not be affected thereby.


Amends subdivision a of section 1404 of the New York City charter
section 23 of part 4 of proposal number 5 by increasing the number of
mayoral appointees to the environmental control board from six to
seven, and requires that the additional member be one who shall be an
attorney with a background and experience in real property law.

Amends section 237 of the vehicle an traffic law by adding a new
subdivision 12 which:

(a) Requires said disputes regarding shared blocked driveways be heard
and determined by the environmental control board prior to the
issuing of a notice of violation for such dispute.

(b) Defines "blocking" in same manner as above.

JUSTIFICATION:
Many residential properties, especially in urban areas throughout the
state, have shared driveways, or access to available garages and
parking spaces via common alleyways. These shared spaces are private
properties, and current law does not provide for local authorities to
intervene to expeditiously resolve these disputes.

For instance, if one party blocks the space with a vehicle or other
object and refuses to move it upon the request of the other neighbor,
the only civil way to resolve the problem is for one party to take
the matter to court. Unfortunately, this never solves the problem
quickly enough when one party needs ingress or egress to the space.
On occasion, this situation has led to violent physical
confrontations between neighbors, resulting in criminal charges. In
other instances, individuals
such as senior citizens have been the victims of intimidation and
are denied the right to ingress and egress, and local authorities are
unable to assist in resolving the dispute.

Accordingly, this bill amends the New York City Charter to give the
Environmental Control Board (ECB) the power to hear and decide these
cases in an expeditious manner. Moreover, the bill will require the
ECB, which is comprised of individuals with specialized expertise, to
hire two attorneys with a background in real property law: one to
serve on the board and one to act as a hearing officer on these
cases. While the Parking and Violations Bureau will be responsible
for issuing violations to offenders, the ECB will be solely
responsible for hearing these cases and imposing fines not to exceed
$150.

PRIOR LEGISLATIVE HISTORY:
S.5513 of 2009
05/13/09 REFERRED TO CITIES
01/06/10 REFERRED TO CITIES

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect on the 90th day after it
shall have become a law, shall expire on July 1, 2017 when upon such
date the provisions of this act shall be deemed repealed; provided,


however, that the Environmental Control Board and the Parking
Violations Bureau shall promulgate rules and regulations necessary to
effectuate the provisions of this act prior to such effective date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   690

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the New York city charter, the vehicle and  traffic  law
  and  the  administrative  code of the city of New York, in relation to
  the "open driveway act"  regarding  the  environmental  control  board
  adjudication  of  disputes  concerning the blocking of a driveway; and
  providing for the repeal of such provisions upon expiration thereof

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

  Section  1.  This  act  shall  be  known and may be cited as the "open
driveway act".
  S 2. Section 1049-a of the New York city charter is amended by  adding
a new subdivision c-1 to read as follows:
  C-1.  (1)  THE ENVIRONMENTAL CONTROL BOARD SHALL ADOPT RULES AND REGU-
LATIONS TO ADJUDICATE DISPUTES ARISING BETWEEN ADJOINING PROPERTY OWNERS
WHO HAVE OWNERSHIP IN AND USE A SHARED  DRIVEWAY,  WHERE  SUCH  DISPUTES
ARISE  FROM  THE  BLOCKING  OF SUCH DRIVEWAY. SUCH RULES AND REGULATIONS
SHALL PROVIDE, AMONG OTHER THINGS, THAT THE BOARD:
  (A) PROVIDE PROPER NOTICE TO PERSONS WHOSE INTEREST IN  REAL  PROPERTY
ARE AFFECTED BY THE ADJUDICATION;
  (B)  RENDER  A DECISION THAT INCLUDES A DETERMINATION OF THE RIGHTS OF
THE PARTIES CONCERNING THE PROPERTY; AND
  (C) IMPOSE PENALTIES IN ACCORDANCE WITH A SCHEDULE OF MONETARY  FINES,
WHENEVER A BLOCKING OF A DRIVEWAY IS DETERMINED TO HAVE OCCURRED.  MONE-
TARY FINES SHALL NOT EXCEED ONE HUNDRED FIFTY DOLLARS.
  (2)  FOR  PURPOSES  OF  ADJUDICATING  THESE  DISPUTES, THE BOARD SHALL
APPOINT A HEARING OFFICER WHO SHALL BE AN ATTORNEY WITH A BACKGROUND AND
EXPERIENCE IN REAL PROPERTY LAW.
  (3) FOR THE PURPOSES OF THIS SUBDIVISION, THE  TERM  "BLOCKING"  SHALL
MEAN  THE  PARKING  OR  STANDING  OF  A  MOTOR VEHICLE IN A MANNER WHICH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02683-02-1

S. 690                              2

PROHIBITS THE INGRESS OR EGRESS OF OTHER VEHICLES AUTHORIZED TO USE SUCH
DRIVEWAY.
  (4)  NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO DIMINISH OR EXTIN-
GUISH A PERSON'S RIGHT TO A TRIAL BY JURY IN THE FIRST INSTANCE FOR  THE
DETERMINATION  OF A CLAIM TO REAL PROPERTY PURSUANT TO THE REAL PROPERTY
ACTIONS AND PROCEEDINGS LAW, THE CIVIL PRACTICE LAW AND RULES,  AND  ANY
OTHER APPLICABLE LAW.
  (5) IF ANY PROVISION OF THIS SUBDIVISION OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE REMAINDER OF THIS SUBDI-
VISION AND SECTION SHALL NOT BE AFFECTED THEREBY.
  S  3. Subdivision a of section 1049-a of the New York city charter, as
amended by section 5 of question 2 of local law 60 of the  city  of  New
York for the year 2010, is amended to read as follows:
  a.  There shall be in the office of administrative trials and hearings
an environmental control board consisting of the commissioner  of  envi-
ronmental  protection,  the commissioner of sanitation, the commissioner
of buildings, the commissioner of health and mental hygiene, the  police
commissioner,  the  fire  commissioner  and the chief administrative law
judge of the office of administrative trials and hearings, who shall  be
chair, all of whom shall serve on the board without compensation and all
of  whom shall have the power to exercise or delegate any of their func-
tions, powers and duties as members of the board, and six persons to  be
appointed by the mayor, with the advice and consent of the city council,
who  are  not  otherwise  employed by the city, one to be possessed of a
broad general background and experience in the field  of  air  pollution
control,  one  with such background and experience in the field of water
pollution control, one with such background and experience in the  field
of  noise  pollution control, one with such background and experience in
the real estate field, one with such background and  experience  in  the
business  community,  ONE  WHO SHALL BE AN ATTORNEY WITH SUCH BACKGROUND
AND EXPERIENCE IN REAL PROPERTY LAW, and one member of the  public,  and
who  shall  serve for four-year terms. Such members shall be compensated
at the rate of one hundred fifty dollars per  day  when  performing  the
work  of  the board.  Within its appropriation, the board may appoint an
executive director and such  hearing  officers,  including  non-salaried
hearing  officers  and  other employees as it may from time to time find
necessary for the proper performance of its duties.
  S 4. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 13 to read as follows:
  13. (A) IN THE CITY OF NEW YORK, TO ISSUE A NOTICE OF VIOLATION  WHEN-
EVER  THE  BLOCKING  OF A DRIVEWAY HAS OCCURRED, WHERE THE OWNERSHIP AND
USE OF SUCH DRIVEWAY IS SHARED BY ADJOINING PROPERTY  OWNERS;  PROVIDED,
HOWEVER, THAT SUCH VIOLATIONS SHALL BE HEARD AND DETERMINED BY THE ENVI-
RONMENTAL  CONTROL  BOARD PURSUANT TO SUBDIVISION D OF SECTION ONE THOU-
SAND FORTY-NINE-A OF THE NEW YORK CITY CHARTER.
  (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE  TERM  "BLOCKING"  SHALL
MEAN  THE  PARKING  OR  STANDING  OF  A  MOTOR VEHICLE IN A MANNER WHICH
PROHIBITS THE INGRESS OR EGRESS OF OTHER VEHICLES AUTHORIZED TO USE SUCH
DRIVEWAY.
  S 5. Subdivision b of section 24-346 of the administrative code of the
city of New York, as amended by local law 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

S. 690                              3

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] DAY'S 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 penal-
ties shall be commenced by the service of a notice of violation  return-
able to such board. Such board, after a hearing as provided by the rules
and  regulations of the board, shall have the power to enforce its final
decisions and orders imposing such civil penalties as if they were money
judgments pursuant 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  indicating  the  minimum  and maximum penalty for each
separate offense.
  S 6. This act shall take effect on the ninetieth day  after  it  shall
have become a law, and shall expire July 1, 2017 when upon such date the
provisions of this act shall be deemed repealed; provided, however, that
the environmental control board and the parking violations bureau in the
city  of  New  York  shall promulgate rules and regulations necessary to
effectuate the provisions of this act prior to such effective date.

S690A (ACTIVE) - Bill Details

Current Committee:
Law Section:
New York City Charter
Laws Affected:
Amd §1049-a, NYC Chart; amd §237, V & T L; amd §24-346, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
S5513, S6213B

S690A (ACTIVE) - Bill Texts

view summary

Authorizes the environmental control board to adjudicate disputes between adjoining real property owners over the blocking of a driveway, the ownership or use of which is shared by such adjoining owners in the city of New York; further appoints another hearing officer to the board who shall be an attorney; defines the term "blocking".

view sponsor memo
BILL NUMBER:S690A

TITLE OF BILL:
An act
to amend the New York city charter, the vehicle and traffic law and the
administrative code of the city of New York, in relation to the
"open driveway act" regarding the
environmental control board adjudication of disputes concerning the
blocking of a driveway; and providing for the repeal of such provisions
upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
This bill, which is referred to as the "Open Driveway Act," grants the
Environmental control Board the power to adjudicate disputes arising
between adjoining real property owners over the blocking of a
driveway, the ownership or use of which is shared by such adjoining
property owners. This bill also defines "blocking" to mean the
parking or standing of a motor vehicle in a manner that prohibits the
ingress or egress of other vehicles authorized to use such driveway.

SUMMARY OF SPECIFIC PROVISIONS:
Subdivision d of Section 1404 of the New York City Charter is
relettered as Subdivision e and a new Subdivision d is added which:

(1) Requires the environmental control board to adopt rules and
regulations to adjudicate disputes regarding a blocked driveway
arising between adjoining property owners who share ownership and use
of a such driveway, and requires such rules and regulations to
provide that the board:

(a) Provide proper notice to persons who are affected by the
adjudication.

(b) Render a decision that includes a determination of the rights of
the parties concerning the property.

(c) Impose penalties in accordance with a schedule of monetary fines,
which will not exceed one hundred fifty dollars, whenever a blocking
of a driveway is determined to have occurred.

(2) Requires the board to appoint a hearing officer who shall be an
attorney with a background and experience in real property to
adjudicate these disputes.

(3) Defines "blocking" as the parking or standing of a motor vehicle
in a manner which prohibits the ingress or egress of other vehicles
authorized to use such driveway.

(4) Nothing in this subdivision shall he deemed to diminish or
extinguish a person's right to a trial by jury.

(5) Requires that if any provision of this subdivision or application
of which is held invalid, the remainder of this subdivision and
section shall not be affected thereby.


Amends subdivision a of section 1404 of the New York City charter
section 23 of part 4 of proposal number 5 by increasing the number of
mayoral appointees to the environmental control board from six to
seven and requires that the additional member be one who shall
be an attorney with a background and experience in real property law.

Amends section 237 of the vehicle an traffic law by adding a new
subdivision 12 which:

(a) Requires said disputes regarding shared blocked driveways be heard
and determined by the environmental control board prior to the
issuing of a notice of violation for such dispute.

(b) Defines "blocking" in same manner as above.

JUSTIFICATION:
Many residential properties, especially in urban areas throughout the
state, have shared driveways, or access to available garages and
parking spaces via common alleyways. These shared spaces are private
properties, and current law does not provide for local authorities to
intervene to expeditiously resolve these disputes.

For example, if one party blocks the space with a vehicle or other
object and refuses to move it upon the request of the other neighbor,
the only civil way to resolve the problem is for one party to take the
matter to court. Unfortunately. this never solves the problem quickly
enough when one party needs ingress or egress to the spike. On
occasion, this situation has led to violent physical confrontations
between neighbors, resulting in criminal charges. In other
instances. individuals such as senior citizens have been the victims
of intimidation and are denied the right to ingress and egress. and
local authorities are unable to assist in resolving the dispute.

Accordingly, this bill amends the New York City Charter to give the
Environmental Control Board (ECB) the power to hear and decide these
cases in an expeditious manner. Moreover, the bill will require the
ECB, which is comprised of individuals with specialized expertise,
to hire two attorneys with a background in real property law:
one to serve on the board and one to act as a hearing officer
on these cases.
While the Parking and Violations Bureau will be responsible for
issuing violations to offenders, the ECB will be solely responsible
for hearing these cases and imposing fines not to exceed $150.

PRIOR LEGISLATIVE HISTORY:
S.5511 of 2009
05/13109 REFERRED TO CITIES
01/06/10 REFERRED TO CITIES

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect on the 90th day after it shall have become
a law, shall expire on July 1, 2017 when upon such date the provisions
of this act shall be deemed repealed; provided, however. that the
Environmental Control Board and the Parking Violations Bureau shall


promulgate rules and regulations necessary to effectuate the
provisions of this act prior to such effective date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 690--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities --  recommitted  to
  the  Committee  on  Cities in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the New York city charter, the vehicle and traffic law
  and the administrative code of the city of New York,  in  relation  to
  the  "open  driveway  act"  regarding  the environmental control board
  adjudication of disputes concerning the blocking of  a  driveway;  and
  providing for the repeal of such provisions upon expiration thereof

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

  Section 1. This act shall be known and  may  be  cited  as  the  "open
driveway act".
  S  2. Section 1049-a of the New York city charter is amended by adding
a new subdivision c-1 to read as follows:
  C-1. (1) THE ENVIRONMENTAL CONTROL BOARD SHALL ADOPT RULES  AND  REGU-
LATIONS TO ADJUDICATE DISPUTES ARISING BETWEEN ADJOINING PROPERTY OWNERS
WHO  HAVE  OWNERSHIP  IN  AND USE A SHARED DRIVEWAY, WHERE SUCH DISPUTES
ARISE FROM THE BLOCKING OF SUCH DRIVEWAY.  SUCH  RULES  AND  REGULATIONS
SHALL PROVIDE, AMONG OTHER THINGS, THAT THE BOARD:
  (A)  PROVIDE  PROPER NOTICE TO PERSONS WHOSE INTEREST IN REAL PROPERTY
ARE AFFECTED BY THE ADJUDICATION;
  (B) RENDER A DECISION THAT INCLUDES A DETERMINATION OF THE  RIGHTS  OF
THE PARTIES CONCERNING THE PROPERTY; AND
  (C)  IMPOSE PENALTIES IN ACCORDANCE WITH A SCHEDULE OF MONETARY FINES,
WHENEVER A BLOCKING OF A DRIVEWAY IS DETERMINED TO HAVE OCCURRED.  MONE-
TARY FINES SHALL NOT EXCEED ONE HUNDRED FIFTY DOLLARS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02683-05-2

S. 690--A                           2

  (2) FOR PURPOSES OF  ADJUDICATING  THESE  DISPUTES,  THE  BOARD  SHALL
APPOINT A HEARING OFFICER WHO SHALL BE AN ATTORNEY WITH A BACKGROUND AND
EXPERIENCE IN REAL PROPERTY LAW.
  (3)  FOR  THE  PURPOSES OF THIS SUBDIVISION, THE TERM "BLOCKING" SHALL
MEAN THE PARKING OR STANDING OF  A  MOTOR  VEHICLE  IN  A  MANNER  WHICH
PROHIBITS THE INGRESS OR EGRESS OF OTHER VEHICLES AUTHORIZED TO USE SUCH
DRIVEWAY.
  (4)  NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO DIMINISH OR EXTIN-
GUISH A PERSON'S RIGHT TO A TRIAL BY JURY IN THE FIRST INSTANCE FOR  THE
DETERMINATION  OF A CLAIM TO REAL PROPERTY PURSUANT TO THE REAL PROPERTY
ACTIONS AND PROCEEDINGS LAW, THE CIVIL PRACTICE LAW AND RULES,  AND  ANY
OTHER APPLICABLE LAW.
  (5) IF ANY PROVISION OF THIS SUBDIVISION OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE REMAINDER OF THIS SUBDI-
VISION AND SECTION SHALL NOT BE AFFECTED THEREBY.
  S  3. Subdivision a of section 1049-a of the New York city charter, as
amended by section 5 of question 2 of local law 60 of the  city  of  New
York for the year 2010, is amended to read as follows:
  a.  There shall be in the office of administrative trials and hearings
an environmental control board consisting of the commissioner  of  envi-
ronmental  protection,  the commissioner of sanitation, the commissioner
of buildings, the commissioner of health and mental hygiene, the  police
commissioner,  the  fire  commissioner  and the chief administrative law
judge of the office of administrative trials and hearings, who shall  be
chair, all of whom shall serve on the board without compensation and all
of  whom shall have the power to exercise or delegate any of their func-
tions, powers and duties as members of the board, and six persons to  be
appointed by the mayor, with the advice and consent of the city council,
who  are  not  otherwise  employed by the city, one to be possessed of a
broad general background and experience in the field  of  air  pollution
control,  one  with such background and experience in the field of water
pollution control, one with such background and experience in the  field
of  noise  pollution control, one with such background and experience in
the real estate field, one with such background and  experience  in  the
business  community,  ONE  WHO SHALL BE AN ATTORNEY WITH SUCH BACKGROUND
AND EXPERIENCE IN REAL PROPERTY LAW, and one member of the  public,  and
who  shall  serve for four-year terms. Such members shall be compensated
at the rate of one hundred fifty dollars per  day  when  performing  the
work  of  the board.  Within its appropriation, the board may appoint an
executive director and such  hearing  officers,  including  non-salaried
hearing  officers  and  other employees as it may from time to time find
necessary for the proper performance of its duties.
  S 4. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 13 to read as follows:
  13. (A) IN THE CITY OF NEW YORK, TO ISSUE A NOTICE OF VIOLATION  WHEN-
EVER  THE  BLOCKING  OF A DRIVEWAY HAS OCCURRED, WHERE THE OWNERSHIP AND
USE OF SUCH DRIVEWAY IS SHARED BY ADJOINING PROPERTY  OWNERS;  PROVIDED,
HOWEVER, THAT SUCH VIOLATIONS SHALL BE HEARD AND DETERMINED BY THE ENVI-
RONMENTAL  CONTROL  BOARD PURSUANT TO SUBDIVISION D OF SECTION ONE THOU-
SAND FORTY-NINE-A OF THE NEW YORK CITY CHARTER.
  (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE  TERM  "BLOCKING"  SHALL
MEAN  THE  PARKING  OR  STANDING  OF  A  MOTOR VEHICLE IN A MANNER WHICH
PROHIBITS THE INGRESS OR EGRESS OF OTHER VEHICLES AUTHORIZED TO USE SUCH
DRIVEWAY.

S. 690--A                           3

  S 5. Subdivision b of section 24-346 of the administrative code of the
city of New York, as amended by local law 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] DAY'S 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 penal-
ties  shall be commenced by the service of a notice of violation return-
able to such board. Such board, after a hearing as provided by the rules
and regulations of the board, shall have the power to enforce its  final
decisions and orders imposing such civil penalties as if they were money
judgments pursuant 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 indicating the minimum  and  maximum  penalty  for  each
separate offense.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law, and shall expire July 1, 2018 when upon such date the
provisions of this act shall be deemed repealed; provided, however, that
the environmental control board and the parking violations bureau in the
city of New York shall promulgate rules  and  regulations  necessary  to
effectuate the provisions of this act prior to such effective date.

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