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Senate Bill S8728

2023-2024 Legislative Session

Relates to service of certain notice of violations returnable to the environmental control board

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2023-S8728 (ACTIVE) - Details

See Assembly Version of this Bill:
A9433
Current Committee:
Senate Rules
Law Section:
New York City Charter
Laws Affected:
Amd §1049-a, NYC Chart
Versions Introduced in 2025-2026 Legislative Session:
S949

2023-S8728 (ACTIVE) - Summary

Provides for service of notice of violations of any provision of title sixteen of the administrative code of the city of New York by the department of sanitation on a respondent that is a closed commercial establishment.

2023-S8728 (ACTIVE) - Sponsor Memo

2023-S8728 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8728
 
                             I N  S E N A T E
 
                               March 4, 2024
                                ___________
 
 Introduced  by  Sens.  JACKSON,  SEPULVEDA,  PERSAUD  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Cities 1
 
 AN  ACT  to  amend  the New York city charter, in relation to service of
   certain notice of violations returnable to the  environmental  control
   board
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Clause (iv) of subparagraph (a) of paragraph 2 of  subdivi-
 sion d of section 1049-a of the New York city charter, as added by chap-
 ter  163 of the laws of 2000 and such section as renumbered by local law
 35 of the city of New York for the year  2008,  is  amended  and  a  new
 clause (v) is added to read as follows:
   (iv)  service  of  a  notice  of violation of any of the provisions of
 section 10-119 or 10-120 of the administrative code of the city  of  New
 York  and  over  which the environmental control board has jurisdiction,
 may be made by certified mail, return receipt requested, to the respond-
 ent's last known residence or business address, provided  that  delivery
 of  such notice shall be restricted to the respondent. Service by certi-
 fied mail shall be  deemed  complete  upon  mailing  of  the  notice  of
 violation  unless  the  notice of violation is returned to the sender by
 the United States postal service for any reason other  than  refusal  of
 delivery[.]; AND
   (V) SERVICE OF A NOTICE OF VIOLATION OF ANY PROVISION OF TITLE SIXTEEN
 OF  THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK BY THE DEPARTMENT OF
 SANITATION ON A RESPONDENT THAT IS A  CLOSED  COMMERCIAL  ESTABLISHMENT,
 SUCH  VIOLATION  MAY  BE  MADE  BY AFFIXING SUCH NOTICE IN A CONSPICUOUS
 PLACE TO THE PREMISES WHERE THE VIOLATION OCCURRED AND BY MAILING A COPY
 OF SUCH NOTICE OF VIOLATION VIA FIRST CLASS MAIL DIRECTLY TO THE COMMER-
 CIAL ESTABLISHMENT TO THE ADDRESS AT WHICH  THE  VIOLATION  WAS  ISSUED.
 SERVICE  BY  FIRST  CLASS  MAIL  IS  DEEMED COMPLETE UPON MAILING OF THE
 NOTICE OF VIOLATION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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