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File #: Int 0448-2014    Version: Name: Civil and criminal penalties for building code violations resulting from certain work done in response to a natural or man-made disaster.
Type: Introduction Status: Enacted
Committee: Committee on Recovery and Resiliency
On agenda: 8/21/2014
Enactment date: 5/10/2016 Law number: 2016/054
Title: A Local Law to amend the administrative code of the city of New York, in relation to civil and criminal penalties for building code violations resulting from certain work done in response to a natural or man-made disaster
Sponsors: Alan N. Maisel, Mark Treyger, Costa G. Constantinides, Vincent J. Gentile, Ydanis A. Rodriguez, Inez E. Dickens, Chaim M. Deutsch, Karen Koslowitz, Donovan J. Richards, Andrew Cohen, Stephen T. Levin, Paul A. Vallone, Ben Kallos, Eric A. Ulrich
Council Member Sponsors: 14
Summary: This bill would require that the owner of a building should not be subject to civil or criminal penalties when a cure requirement is met for violations issued for repair work previously done by the city or a third-party under contract with the city, in response to a natural or man-made disaster. It also provides for a possible waiver or refund for any such violations previously issued.
Indexes: Agency Rule-making Required
Attachments: 1. Legislative History Report, 2. Summary of Int. No. 448-A, 3. Summary of Int. No. 448, 4. Int. No. 448 - 8/21/16, 5. Committee Report 1/21/16, 6. Hearing Testimony 1/21/16, 7. Hearing Transcript 1/21/16, 8. Committee Report 5/4/16, 9. Hearing Transcript 5/4/16, 10. May 5, 2016 - Stated Meeting Agenda with Links to Files, 11. Int. No. 448-A - FINAL, 12. Fiscal Impact Statement, 13. Mayor's Letter, 14. Hearing Transcript - Stated Meeting 5-5-16, 15. Minutes of the Stated Meeting - May 5, 2016, 16. Local Law 54
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
5/10/2016AAlan N. Maisel City Council Recved from Mayor by Council  Action details Meeting details Not available
5/10/2016AAlan N. Maisel Mayor Signed Into Law by Mayor  Action details Meeting details Not available
5/10/2016AAlan N. Maisel Mayor Hearing Held by Mayor  Action details Meeting details Not available
5/5/2016AAlan N. Maisel City Council Sent to Mayor by Council  Action details Meeting details Not available
5/5/2016AAlan N. Maisel City Council Approved by CouncilPass Action details Meeting details Not available
5/4/2016*Alan N. Maisel Committee on Recovery and Resiliency Hearing Held by Committee  Action details Meeting details Not available
5/4/2016*Alan N. Maisel Committee on Recovery and Resiliency Amendment Proposed by Comm  Action details Meeting details Not available
5/4/2016*Alan N. Maisel Committee on Recovery and Resiliency Amended by Committee  Action details Meeting details Not available
5/4/2016AAlan N. Maisel Committee on Recovery and Resiliency Approved by CommitteePass Action details Meeting details Not available
1/21/2016*Alan N. Maisel Committee on Recovery and Resiliency Hearing Held by Committee  Action details Meeting details Not available
1/21/2016*Alan N. Maisel Committee on Recovery and Resiliency Laid Over by Committee  Action details Meeting details Not available
1/8/2016*Alan N. Maisel City Council Re-referred to Committee by Council  Action details Meeting details Not available
8/21/2014*Alan N. Maisel City Council Referred to Comm by Council  Action details Meeting details Not available
8/21/2014*Alan N. Maisel City Council Introduced by Council  Action details Meeting details Not available

Int. No. 448-A

 

By Council Members Maisel, Treyger, Constantinides, Gentile, Rodriguez, Dickens, Deutsch, Koslowitz, Richards, Cohen, Levin, Vallone, Kallos and Ulrich

 

A Local Law to amend the administrative code of the city of New York, in relation to civil and criminal penalties for building code violations resulting from certain work done in response to a natural or man-made disaster

 

Be it enacted by the Council as follows:

 

                     Section 1.  Section 28-202.1 of the administrative code of the city of New York, as amended by a local law of the city of New York for the year 2016, in relation to violations received after a disaster, as proposed in introduction number 1037-A, is amended by adding a new exception to read as follows:

3.  The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a violation resulting from work done by a city employee, or by a third party under contract with the city, in response to a natural or man-made disaster, provided that such violation is corrected on or before 60 days after the issuance of such violation, or such greater amount of time as determined by the commissioner for such violation. If such owner, lessee, occupant, manager or operator of a building can demonstrate to the satisfaction of the department that a city employee or third party under contract with the city has committed to correcting such violation then such violation shall be rescinded, without penalty. The notice of such violation shall state that such violation is subject to this exception and shall set forth the procedure and time period for correcting such violation without incurring a civil penalty. This exception shall not apply to immediately hazardous violations or violations charged as aggravated violations.

 

                     § 2. Section 28-203.1 of the administrative code of the city of New York, as amended by a local law of the city of New York for the year 2016, in relation to violations received after a disaster, as proposed in introduction number 1037-A, is amended by adding a new exception to read as follows:

3.  The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment for a violation resulting from work done by a city employee or third party under contract with the city, in response to a natural or man-made disaster. This exception shall not apply to immediately hazardous violations or violations charged as aggravated violations.

 

§ 3. The commissioner of buildings may refund or waive any penalties or fines paid or imposed after October 29, 2012 and before the effective date of this local law for any violation that would have been subject to exception 3 of section 28-202.1 of the administrative code of the city of New York or exception 3 of section 28-203.1 of such code, as added by section one and section two of this local law, if such exceptions had been in effect during such period.

§ 4. This local law takes effect 90 days after it becomes law.

 

JW/BJR

LS 1273

4/7/16  1026PM