File #: Int 1339-2016    Version: Name: Nuisance Abatement Fairness Act - Restricting certain orders and dispositions pursuant to the nuisance abatement law.
Type: Introduction Status: Enacted
Committee: Committee on Public Safety
On agenda: 10/27/2016
Enactment date: 3/18/2017 Law number: 2017/043
Title: A Local Law to amend the administrative code of the city of New York, in relation to restricting certain orders and dispositions pursuant to the nuisance abatement law
Sponsors: Ritchie J. Torres, Melissa Mark-Viverito, Rafael Salamanca, Jr., Vanessa L. Gibson, Carlos Menchaca, Stephen T. Levin
Council Member Sponsors: 6
Summary: This bill requires all orders and dispositions reached in Nuisance Abatement cases to be ordered by a judge, and states that the purpose of the Nuisance Abatement Law is not to impose punitive damages. This bill would also prohibit the application of this law from restricting the rights of any person who was not aware and had no reason to be aware of a nuisance.
Attachments: 1. Legislative History Report, 2. Summary of Int. No. 1339-A, 3. Summary of Int. No. 1339, 4. Int. No. 1339 - 10/27/16, 5. Committee Report 11/2/16, 6. Hearing Testimony 11/2/16, 7. Hearing Transcript 11/2/16, 8. Committee Report 2/14/17, 9. Hearing Transcript 2/14/17, 10. February 15, 2017 - Stated Meeting Agenda with Links to Files, 11. Fiscal Impact Statement, 12. Int. No. 1339-A (FINAL), 13. Hearing Transcript - Stated Meeting 2-15-17, 14. Minutes of the Stated Meeting - February 15, 2017, 15. Mayor's Letter, 16. Local Law 43
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
3/18/2017ARitchie J. Torres Administration City Charter Rule Adopted  Action details Meeting details Not available
2/15/2017ARitchie J. Torres City Council Sent to Mayor by Council  Action details Meeting details Not available
2/15/2017ARitchie J. Torres City Council Approved by CouncilPass Action details Meeting details Not available
2/14/2017*Ritchie J. Torres Committee on Public Safety Amended by Committee  Action details Meeting details Not available
2/14/2017*Ritchie J. Torres Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
2/14/2017*Ritchie J. Torres Committee on Public Safety Amendment Proposed by Comm  Action details Meeting details Not available
2/14/2017ARitchie J. Torres Committee on Public Safety Approved by CommitteePass Action details Meeting details Not available
11/2/2016*Ritchie J. Torres Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
11/2/2016*Ritchie J. Torres Committee on Public Safety Laid Over by Committee  Action details Meeting details Not available
10/27/2016*Ritchie J. Torres City Council Referred to Comm by Council  Action details Meeting details Not available
10/27/2016*Ritchie J. Torres City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1339-A

 

By Council Members Torres, The Speaker (Council Member Mark-Viverito), Salamanca, Gibson, Menchaca and Levin

 

A Local Law to amend the administrative code of the city of New York, in relation to restricting certain orders and dispositions pursuant to the nuisance abatement law

 

Be it enacted by the Council as follows:

Section 1. Subchapter 4 of chapter 7 of title 7 of the administrative code of the city of New York, as added by a local law for the year 2017 amending the administrative code of the city of New York relating to limiting exclusions of natural persons pursuant to the nuisance abatement law, as proposed in introduction number 1323-A, is amended to add four new sections 7-724, 7-725, 7-726 and 7-727 to read as follows:

                     § 7-724 Judicial review. The purpose of a disposition reached pursuant to an action bought under this chapter shall be to deter the public nuisance alleged in the action from recurring either at the building, erection or place cited in the action or at any other location under the legal control of a defendant named in the action, and not to deter generally such nuisance from occurring elsewhere.  A disposition reached pursuant to an action brought under this chapter shall not be final unless it is so ordered by the court.  Nothing in this section shall be construed to prohibit a disposition from including terms or conditions routinely included in stipulations or orders resolving civil litigation.

§ 7-725 Business owner awareness. No disposition reached or order issued pursuant to an action brought under this chapter shall permit the closure of any business where the owner or proprietor of such business was not aware of, should not have been aware of, and had no reason or duty to be aware of the public nuisance addressed by such disposition or order. An owner or proprietor’s physical absence from a business shall not alone establish that such owner or proprietor was not aware of, should not have been aware of, and had no reason or duty to be aware of such public nuisance.

§ 7-726 Property rights and awareness. No disposition reached or order issued pursuant to an action brought under this chapter shall deprive any natural person of any property right to which such person is otherwise entitled where such person was not aware of, should not have been aware of, and had no reason or duty to be aware of the public nuisance addressed by such disposition or order. A person’s physical absence from a building, erection or place in which such nuisance has occurred shall not alone establish that such person was not aware of, should not have been aware of, and had no reason or duty to be aware of such public nuisance.

§ 7-727 Limitations on applicability. Nothing in this subchapter shall be construed to relieve an owner of a building from responsibilities pursuant to section 28-301.1 of chapter 3 of title 28 of the code.

§ 2. This local law takes effect on the same date that a local law for the year 2017 amending the administrative code of the city of New York relating to limiting exclusions of natural persons pursuant to the nuisance abatement law, as proposed in introduction number 1323-A, takes effect.

BC

LS 7562/7895/8379/8500

2/6/17