|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to cities|
|Jan 09, 2013||referred to cities|
senate Bill S522
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S522 - Details
S522 - 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".
S522 - Sponsor Memo
BILL NUMBER:S522 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 1049a of the New York City Charter is by adding a new subdivision c-1 which: (1) Requires the environmental control board to adopt rules and regulations to adjudicate disputes regarding a blocked driveway
S522 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 522 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ 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.
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