Assembly Bill A6673

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6673
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 15, 2017
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Local Governments
 
 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:
   § 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.
                                                            LBD09328-01-7
              

 A. 6673                             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.
   § 2. This act shall take effect immediately.