Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2018 |
referred to local governments |
Mar 15, 2017 |
referred to local governments |
Assembly Bill A6673
2017-2018 Legislative Session
Sponsored By
MCDONALD
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Felix Ortiz
Billy Jones
Anthony D'Urso
William Magnarelli
multi-Sponsors
Vivian Cook
Earlene Hooper
William Magee
Fred Thiele
2017-A6673 (ACTIVE) - Details
- Current Committee:
- Assembly Local Governments
- Law Section:
- General Municipal Law
- Laws Affected:
- Amd §78-b, Gen Muni L
- Versions Introduced in 2015-2016 Legislative Session:
-
A5259
2017-A6673 (ACTIVE) - Bill Text download pdf
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
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