S T A T E   O F   N E W   Y O R K
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                                 5259--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee  on  Local  Governments  --  committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the general municipal law, in relation to the  abatement
  of public nuisances and demolition and removal of unsafe structures

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

  Section 1. Section 78-b of the general  municipal  law,  as  added  by
chapter 115 of the laws of 1980, is amended to read as follows:
  S  78-b. [Demolition] ABATEMENT OF PUBLIC NUISANCES AND DEMOLITION and
removal of unsafe structures.  (A) SUMMARY ABATEMENT OF NUISANCE PROPER-
TIES AND UNSAFE STRUCTURES:
  (1) THE GOVERNING BODY OF ANY CITY, TOWN, OR  VILLAGE  MAY  ORDER  ANY
PROPERTY  OWNER  TO REMEDIATE ANY PUBLIC NUISANCE CONDITION, AS KNOWN AT
COMMON LAW OR IN EQUITY JURISPRUDENCE, FOUND ON THE OWNER'S PROPERTY. IF
THE PROPERTY OWNER FAILS TO COMPLY WITH THE ORDER,  THE  GOVERNING  BODY
MAY,  WITHOUT  OBTAINING  A  COURT  ORDER, REMEDIATE THE PUBLIC NUISANCE
CONDITION USING LOCAL OFFICIALS AND EMPLOYEES OR BY RETAINING  AN  INDE-
PENDENT CONTRACTOR.
  (2)  THE LOCAL GOVERNMENT MAY PLACE A LIEN ON ANY PROPERTY THAT IS THE
SUBJECT OF A MUNICIPAL NUISANCE ABATEMENT PURSUANT TO PARAGRAPH  ONE  OF
THIS  SUBDIVISION  IN  THE  AMOUNT  OF THE EXPENSES THE LOCAL GOVERNMENT
INCURS IN REMEDIATING THE PUBLIC NUISANCE  CONDITION.  THE  LIEN  LEVIED
PURSUANT  TO THIS PARAGRAPH IS ONLY VALID IF THE LOCAL GOVERNMENT SERVES
A NOTICE AND ORDER DIRECTING THE PROPERTY OWNER TO REMEDY  THE  NUISANCE
CONDITION WITHIN A REASONABLE TIMEFRAME PRIOR TO UNDERTAKING THE SUMMARY
ABATEMENT OF THE NUISANCE CONDITION. THE NOTICE AND ORDER MUST BE SERVED
IN  ACCORDANCE  WITH  THE  CIVIL PRACTICE LAW AND RULES. THE REQUIREMENT
THAT THE NOTICE AND ORDER BE SERVED  PRIOR  TO  THE  LOCAL  GOVERNMENT'S
ABATEMENT  OF THE PUBLIC NUISANCE CONDITION MAY BE DISPENSED WITH IF THE
NUISANCE CONDITION IS IMMINENTLY DANGEROUS TO THE  PUBLIC'S  HEALTH  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08709-03-5
              

A. 5259--A                          2

SAFETY AND MUST BE REMEDIATED IN A TIMEFRAME THAT DOES NOT PERMIT NOTICE
TO THE PROPERTY OWNER PRIOR TO REMEDIATION.
  (3)  THE GOVERNING BODY OF ANY CITY, TOWN, OR VILLAGE MAY DELEGATE THE
AUTHORITY TO ORDER REMEDIATION OF A PUBLIC NUISANCE  AND  TO  ORDER  THE
SUMMARY  ABATEMENT OF A PUBLIC NUISANCE CONDITION TO A MUNICIPAL DEPART-
MENT OR OFFICER.
  (4) NOTHING CONTAINED IN THIS  SECTION  IS  DEEMED  TO  PREEMPT  LOCAL
GOVERNMENTS  FROM ABATING PUBLIC NUISANCES PURSUANT TO COMMON LAW JURIS-
PRUDENCE OR FROM ADOPTING LOCAL LAWS  PROVIDING  FOR  THE  ABATEMENT  OF
PUBLIC NUISANCES.
  (B) TAX PAYER RELIEF FOR NEGLECTED AND ABANDONED PROPERTIES.
  (1)  The  governing  body of any city, town, or village may commence a
special proceeding in a court of competent  [jursidiction]  JURISDICTION
to  collect  the  costs  of  [demolition] ABATING NUISANCE CONDITIONS OR
VIOLATIONS OF THE UNIFORM FIRE PREVENTION AND  BUILDING  CODE  OR  LOCAL
PROPERTY  MAINTENANCE  CODES  OR  THE  COSTS  OF DEMOLISHING OR REMOVING
UNSAFE STRUCTURES, including reasonable  and  necessary  legal  expenses
incidental to obtaining an order to ABATE OR demolish, from the owner of
any  [building  or  structure  that may now be or shall hereafter become
dangerous or unsafe to the public] PROPERTY WITH A NUISANCE CONDITION OR
A UNIFORM CODE OR LOCAL PROPERTY MAINTENANCE CODE VIOLATION OR THE OWNER
OF ANY UNSAFE BUILDING OR STRUCTURE. The provisions of article  four  of
the  civil  practice  law  and rules shall govern any special proceeding
commenced under this section.
  (2) IF THE VALUE OF A PROPERTY WHICH IS THE SUBJECT  OF  A  PROCEEDING
PURSUANT  TO  PARAGRAPH ONE OF THIS SUBDIVISION IS LESS THAN THE COST OF
ABATING THE NUISANCE CONDITION OR  CODE  VIOLATION  OR  DEMOLISHING  THE
UNSAFE  STRUCTURE,  THEN THE CITY, VILLAGE, OR TOWN MAY, WHEN SEEKING TO
RECOVER THE COST OF ABATEMENT OR  DEMOLITION,  DISREGARD  THE  CORPORATE
FORM  OF ANY BUSINESS CORPORATION, LIMITED LIABILITY COMPANY, OR LIMITED
LIABILITY PARTNERSHIP WHICH OWNS THE PROPERTY, EITHER  IN  WHOLE  OR  IN
PART,  IF  (I) THE ASSETS OF THE BUSINESS CORPORATION, LIMITED LIABILITY
COMPANY, OR LIMITED LIABILITY PARTNERSHIP ARE INSUFFICIENT TO COVER  THE
COST  OF  ABATEMENT  OR  DEMOLITION  AND  (II) THE BUSINESS CORPORATION,
LIMITED LIABILITY COMPANY, OR LIMITED LIABILITY PARTNERSHIP  EITHER  (A)
MADE A PROFIT ON THE PROPERTY AT ANY TIME DURING THE FIVE YEARS PRIOR TO
THE ABATEMENT OR DEMOLITION OR (B) USED FINANCIAL LOSSES ON THE PROPERTY
TO  WRITE-OFF  CAPITAL  GAINS  OR  INCOME FROM OTHER PROPERTIES THAT THE
BUSINESS CORPORATION, LIMITED LIABILITY COMPANY,  OR  LIMITED  LIABILITY
PARTNERSHIP OWNS DURING THE FIVE YEARS PRIOR TO THE ABATEMENT OR DEMOLI-
TION.
  S 2. This act shall take effect immediately.