S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2086
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced by M. of A. LENTOL, COLTON, ORTIZ -- Multi-Sponsored by -- M.
   of  A.  CUSICK,  GLICK,  NOLAN,  RIVERA, L. 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 651 to read as follows:
   § 651. 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.
              

                                                            LBD04480-01-9

 A. 2086                             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. 2086                             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.
   § 2. This act shall take effect immediately.