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