NY State Senate Bill 2023-S8728

Senate Bill S8728

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - On Floor Calendar

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 15, 2024	advanced to third reading
Apr 11, 2024	2nd report cal.
Apr 09, 2024	1st report cal.784
Mar 04, 2024	referred to cities 1

Votes

- Apr 9, 2024 - Cities 1 Committee Vote
  S8728
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cities 1 Committee Vote: Apr 9, 2024
      
      aye (5)
      
      Cleare
      
      Comrie
      
      Jackson
      
      Persaud
      
      Sepúlveda
      
      aye wr (2)
      
      Lanza
      
      Rhoads

co-Sponsors

2023-S8728 (ACTIVE) - Details

See Assembly Version of this Bill:: A9433
Law Section:: New York City Charter
Laws Affected:: Amd §1049-a, NYC Chart

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

                                 
BILL NUMBER: S8728

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the New York city charter, in relation to service of
certain notice of violations returnable to the environmental control
board

 
PURPOSE:

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

 
SUMMARY OF PROVISIONS:

Section 1 would add a new clause (v) of subparagraph (a) of paragraph 2
of subdivision d of section 1049-a of the New York City Charter to
provide that service of a notice of violation returnable to the New York
City Environmental Control Board on a closed commercial establishment
may be made by affixing such notice in a conspicuous place to the prem-
ises where the violation occurred, and by mailing a copy of such notice

of violation via first class mail directly to the commercial establish-
ment at the address at which the violation was issued.

Section 2 makes the act take effect on the 180th day after it shall have
become a law.

 
JUSTIFICATION:

The New York City Department of Sanitation (the "Department") is respon-
sible for enforcing various rules and regulations relating to cleanli-
ness within the City of New York. These cleanliness violations range
from the failure to clean the sidewalk, to placing materials out for
Department or private carter collection improperly or at the wrong time.
The Department can only observe certain violations relating to the prop-
er set out of materials when a commercial establishment is closed. These
violations include the failure to set out recyclable materials properly
and the failure to place refuse in a container.

The current law requires that the Department return to the commercial
establishment when it has reopened in order to serve a notice of
violation on a responsible party for a condition observed while the
commercial establishment was closed. This legislation would allow the
Department at the time it observes the violation, to affix such notice
of violation in a conspicuous place to the premise where the violation
occurred. It would also require that a copy of such violation be mailed
via first class mail directly to the commercial establishment at the
address at which the violation was issued. This legislation would elimi-
nate the need for the Department to return the next day to the commer-
cial establishment to effectuate in-person service and would allow the
Department to use its resources in a cost effective and more productive
manner.

 
LEGISLATIVE HISTORY:

New Legislation

 
STATE AND LOCAL FISCAL IMPLICATIONS:
N/A

 
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become a law.

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.

                                                            LBD14322-01-4

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Senate Bill S8728

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Sponsored By

Robert Jackson