S T A T E O F N E W Y O R K
________________________________________________________________________
728
2015-2016 Regular Sessions
I N A S S E M B L Y
January 7, 2015
___________
Introduced by M. of A. LENTOL, ROBINSON, COLTON, HIKIND, ORTIZ --
Multi-Sponsored by -- M. of A. CUSICK, FARRELL, GLICK, MARKEY, NOLAN,
RIVERA, ROSENTHAL -- read once and referred to the Committee on Cities
AN ACT to amend the New York city charter, in relation to an independent
building review agency
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The New York city charter is amended by adding a new
section 650 to read as follows:
S 650. INDEPENDENT BUILDING REVIEW AGENCY. A. (1) THERE IS HEREBY
CREATED WITHIN THE DEPARTMENT AN INDEPENDENT BUILDING REVIEW AGENCY
(HEREINAFTER "THE AGENCY"). THE HEAD OF THE AGENCY SHALL BE THE DIRECTOR
WHO SHALL BE APPOINTED BY THE MAYOR SUBJECT TO THE CONFIRMATION OF THE
CITY COUNCIL. WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION,
THE MAYOR SHALL APPOINT HIS OR HER DIRECTOR. WITHIN THIRTY DAYS AFTER
THE MAYOR'S APPOINTMENT, THE CITY COUNCIL SHALL CONFIRM OR DENY SUCH
PERSON'S APPOINTMENT. THE MAYOR SHALL CONTINUE TO HAVE THIRTY-DAY PERI-
ODS TO APPOINT NEW CANDIDATES AND THE CITY COUNCIL SHALL CONTINUE TO
HAVE THIRTY-DAY PERIODS TO REVIEW AND ACT UPON SUCH CANDIDATES.
(2) ONCE APPOINTED, THE DIRECTOR SHALL NOT BE REMOVED FROM HIS OR HER
POSITION PRIOR TO THE EXPIRATION OF HIS OR HER TERM EXCEPT FOR GOOD
CAUSE. THE DIRECTOR SHALL SERVE A THREE-YEAR TERM. AT LEAST SIXTY DAYS
BUT NO LONGER THAN ONE HUNDRED TWENTY DAYS PRIOR TO THE EXPIRATION OF
THE DIRECTOR'S TERM, THE MAYOR SHALL MAKE AN APPOINTMENT OF A SUCCESSOR
CANDIDATE. SUCH CANDIDATE'S APPOINTMENT SHALL BE SUBJECT TO THE
PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVISION.
(3) THE DIRECTOR SHALL RECEIVE A SALARY THAT SHALL BE FIXED BY THE
CITY COUNCIL. THE CITY COUNCIL SHALL NOT ALTER THE SALARY OF A DIRECTOR
DURING HIS OR HER TERM.
(4) SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE LAW, THE DIRECTOR
MAY APPOINT SUCH OTHER OFFICERS, EMPLOYEES, AGENTS AND CONSULTANTS AS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01821-01-5
A. 728 2
MAY BE NECESSARY, PRESCRIBE THEIR DUTIES, FIX THEIR COMPENSATION AND
PROVIDE FOR PAYMENT OF THEIR REASONABLE EXPENSES, ALL WITHIN AMOUNTS
AVAILABLE THEREFOR BY APPROPRIATION. THE DIRECTOR MAY TRANSFER OFFICERS
OR EMPLOYEES FROM THEIR POSITIONS TO OTHER POSITIONS IN THE DEPARTMENT,
OR ABOLISH OR CONSOLIDATE SUCH POSITIONS.
B. THE INDEPENDENT BUILDING REVIEW AGENCY MAY ADOPT AND AMEND REGU-
LATIONS CONSISTENT WITH LAW. THE AGENCY'S REGULATION SHALL NOT BE
SUBJECT TO THE STATE ADMINISTRATIVE PROCEDURE ACT. SUCH REGULATIONS
SHALL:
(1) ESTABLISH THE PROCEDURES BY WHICH THE AGENCY BRINGS VIOLATIONS
AGAINST INDIVIDUALS AND ENTITIES WHO ARE ALLEGED TO HAVE VIOLATED LAWS,
RULES, AND REGULATIONS RELATING TO THEIR SPECIFIC LAND DEVELOPMENT
PROJECT;
(2) SET FORTH A SCHEDULE OF FINES RELATING TO ANY VIOLATION OF A
BUILDING LAW, CODE, RULE, OR REGULATION;
(3) ESTABLISH ANY OTHER PENALTIES THAT THE AGENCY MAY IMPOSE AGAINST
AN INDIVIDUAL FOR VIOLATING A LAW, RULE, OR REGULATION ENFORCED BY THE
AGENCY, INCLUDING THE ABILITY TO REVOKE BUILDING PERMITS, AND ORDERING
THE OFFENDING PARTY TO CEASE HIS OR HER ACTIONS; AND
(4) ESTABLISH ANY OTHER RULE THAT THE AGENCY DEEMS NECESSARY TO FOSTER
THE ADHERENCE TO LAWS, RULES, AND REGULATIONS BY INDIVIDUALS AND ENTI-
TIES.
C. THE AGENCY SHALL ENFORCE THE PROVISIONS OF THE LAWS OF THIS STATE,
THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, THIS CHAPTER AND ANY
RULES AND REGULATIONS MADE THEREUNDER, WHICH RELATE TO:
(1) THE DEVELOPMENT OF AN UNIMPROVED LOT;
(2) THE ALTERATION OF ANY IMPROVED LOT;
(3) THE SAFETY OF ANY EQUIPMENT USED AT A SITE IN WHICH ANY DEVELOP-
MENT OR ALTERATION OF A LOT TAKES PLACE;
(4) THE EMPLOYMENT OF INDIVIDUALS AT THE WORKSITE WHO WOULD OTHERWISE
REQUIRE STATE OR CITY LICENSURE;
(5) ANY ISSUE THAT WOULD OTHERWISE BE SUBJECT TO REVIEW BY AN INSPEC-
TOR OR CODE ENFORCEMENT OFFICER OR SIMILAR PUBLIC OFFICER; AND
(6) ANY RULE OR REGULATION THAT THE AGENCY PROMULGATES DIRECTED AT
ENSURING THE HEALTH, SAFETY, AND WELL-BEING OF THE CITIZENS OF THE CITY
OF NEW YORK.
D. (1) (A) THE AGENCY SHALL CONDUCT PROCEEDINGS FOR THE ADJUDICATION
OF VIOLATIONS OF THE LAWS, RULES AND REGULATIONS ENFORCED BY IT PURSUANT
TO THE PROVISIONS OF SUBDIVISION C OF THIS SECTION OR OF ANY OTHER LAW
PROVIDING FOR ENFORCEMENT BY THE AGENCY IN ACCORDANCE WITH THIS SUBDIVI-
SION AND WITH RULES AND REGULATIONS PROMULGATED BY THE AGENCY, AND SHALL
HAVE THE POWER TO RENDER DECISIONS AND ORDERS AND TO IMPOSE THE CIVIL
PENALTIES PROVIDED UNDER LAW FOR SUCH VIOLATIONS.
(B) THE FORM AND WORDING OF NOTICES OF VIOLATION SHALL BE PRESCRIBED
BY THE AGENCY. THE NOTICE OF VIOLATION OR COPY THEREOF WHEN FILLED IN
AND SERVED SHALL CONSTITUTE NOTICE OF THE VIOLATION CHARGED, AND, IF
SWORN TO OR AFFIRMED, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN.
(C) THE NOTICE OF VIOLATION SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH SUCH PERSON MAY
EITHER ADMIT OR DENY THE VIOLATION CHARGED 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 STATED IN THE NOTICE MAY RESULT
IN A DEFAULT DECISION AND ORDER BEING ENTERED AGAINST SUCH PERSON. THE
ORIGINAL OR A COPY OF THE NOTICE OF VIOLATION SHALL BE FILED AND
A. 728 3
RETAINED BY THE AGENCY AND SHALL BE DEEMED A RECORD KEPT IN THE ORDINARY
COURSE OF BUSINESS.
(D) WHERE A RESPONDENT HAS FAILED TO PLEAD WITHIN THE TIME ALLOWED BY
THE RULES OF THE AGENCY OR HAS FAILED TO APPEAR ON A DESIGNATED HEARING
DATE OR A SUBSEQUENT DATE FOLLOWING AN ADJOURNMENT, SUCH FAILURE TO
PLEAD OR APPEAR SHALL BE DEEMED, FOR ALL PURPOSES, TO BE AN ADMISSION OF
LIABILITY AND SHALL BE GROUNDS FOR RENDERING A DEFAULT DECISION AND
ORDER IMPOSING A PENALTY IN THE MAXIMUM AMOUNT PRESCRIBED UNDER LAW FOR
THE VIOLATION CHARGED AND ANY OTHER REMEDY AVAILABLE TO THE AGENCY.
(E) ANY FINAL ORDER OF THE AGENCY IMPOSING A CIVIL PENALTY, WHETHER
THE ADJUDICATION WAS HAD BY HEARING OR UPON DEFAULT OR OTHERWISE, SHALL
CONSTITUTE A JUDGMENT RENDERED BY THE AGENCY WHICH MAY BE ENTERED IN
THE CIVIL COURT OF THE CITY OF NEW YORK OR ANY OTHER PLACE PROVIDED FOR
THE ENTRY OF CIVIL JUDGMENTS WITHIN THE STATE, AND MAY BE ENFORCED WITH-
OUT COURT PROCEEDINGS IN THE SAME MANNER AS THE ENFORCEMENT OF MONEY
JUDGMENTS ENTERED IN CIVIL ACTIONS; PROVIDED, HOWEVER, THAT NO SUCH
JUDGMENT SHALL BE ENTERED WHICH EXCEEDS THE SUM OF ONE HUNDRED THOUSAND
DOLLARS FOR EACH RESPONDENT.
(F) NOTWITHSTANDING THE FOREGOING PROVISION, BEFORE A JUDGMENT BASED
UPON A DEFAULT MAY BE SO ENTERED THE AGENCY MUST HAVE NOTIFIED THE
RESPONDENT BY FIRST CLASS MAIL IN SUCH FORM AS THE AGENCY MAY DIRECT:
(I) OF THE DEFAULT DECISION AND ORDER AND THE PENALTY IMPOSED;
(II) THAT A JUDGMENT WILL BE ENTERED IN THE CIVIL COURT OF THE CITY OF
NEW YORK OR ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS
WITHIN THE STATE OF NEW YORK; AND
(III) THAT ENTRY OF SUCH JUDGMENT MAY BE AVOIDED BY REQUESTING A STAY
OF DEFAULT FOR GOOD CAUSE SHOWN AND EITHER REQUESTING A HEARING OR
ENTERING A PLEA PURSUANT TO THE RULES OF THE AGENCY WITHIN THIRTY DAYS
OF THE MAILING OF SUCH NOTICE.
(G) A JUDGMENT ENTERED PURSUANT TO THIS PARAGRAPH SHALL REMAIN IN FULL
FORCE AND EFFECT FOR EIGHT YEARS.
(2) (A) THE AGENCY SHALL NOT ENTER ANY FINAL DECISION OR ORDER PURSU-
ANT TO THE PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVISION UNLESS THE
NOTICE OF VIOLATION SHALL HAVE BEEN SERVED IN THE SAME MANNER AS IS
PRESCRIBED FOR SERVICE OF PROCESS BY ARTICLE THREE OF THE CIVIL PRACTICE
LAW AND RULES OR ARTICLE THREE OF THE BUSINESS CORPORATION LAW. A PERSON
NEED NOT BE PERSONALLY SERVED BEFORE THE AGENCY MAY ENTER A FINAL DECI-
SION AGAINST HIM OR HER.
(B) PROOF OF SUCH SERVICE OF THE NOTICE OF VIOLATION SHALL BE FILED
WITH THE AGENCY WITHIN TWENTY DAYS; SERVICE SHALL BE COMPLETE TEN DAYS
AFTER SUCH FILING.
(3) THE AGENCY MAY APPLY TO A COURT OF COMPETENT JURISDICTION FOR
ENFORCEMENT OF ANY OTHER DECISION OR ORDER ISSUED BY SUCH AGENCY OR OF
ANY SUBPOENA ISSUED BY SUCH AGENCY.
S 2. This act shall take effect immediately.