Int. No. 548-A
By Council Members Felder, Gentile, Arroyo, Nelson, White Jr., Addabbo Jr., Brewer, Dickens, Fidler, Foster, James, Koppell, Martinez, Mealy, Palma, Recchia Jr., Seabrook, Sears, Vallone Jr., Weprin, Stewart, Vacca, Mark-Viverito, Gonzalez, Gioia, Rivera, Sanders Jr., Barron, Gennaro, Liu, Comrie, Gerson, Yassky, Jackson, Avella, Monserrate, Garodnick, Ignizio, Gallagher, Oddo and The Public Advocate (Ms. Gotbaum).
A Local Law to amend the administrative code of the city of New York, in relation to limiting the issuance of notices of violations during certain times.
Be it enacted by the Council as follows:
Section 1. Subdivisions a and c of section 16-118.1 of the administrative code of the city of New York, as amended by local law 9 for the year 2004, are amended to read as follows:
a. The department shall implement a citywide routing system for residential premises for the enforcement of subdivision two of section 16-118 of this code, as such subdivision relates to the cleaning of sidewalks, flagging, curbstones, airshafts, backyards, courts, alleys and roadway areas by owners, lessees, tenants, occupants or persons in charge of any such premises, and for commercial premises for the enforcement of such subdivision as such subdivision relates to cleaning of sidewalks, flagging, curbstones and roadway areas by owners, lessees, tenants, occupants or persons in charge of [any] such premises. The citywide enforcement routing system shall limit the issuance of notices of violation, appearance tickets or summonses within any sub-district of a local service delivery district to predetermined periods of a total of no more than two hours each day, provided that each such predetermined period shall be one hour. The department shall establish a citywide schedule of periods for issuing notices of violation, appearance tickets or summonses for commercial premises in each district and shall give written notice to the owners, lessees, tenants, occupants or persons in charge of [any] such premises in each district of the periods for the district in which their premises are located by the use of flyers, community meetings or such other techniques as the commissioner reasonably determines to be useful. The two one-hour predetermined periods for issuing notices of violation, appearance tickets or summonses for residential premises shall be from 8:00 a.m. until 9:00 a.m. and from 6:00 p.m. until 7:00 p.m.
c. For the purpose of this section, the following terms shall have the following meanings: (i) "local service delivery district" means a local service delivery district as described in chapter sixty-nine of the charter of the city of New York; [and] (ii) "sub-district" means a section within a local service delivery district as described in chapter sixty-nine of the charter of the city of New York; and (iii) "commercial premises" means any premises abutting the sidewalk at which goods or services are sold directly to consumers or other businesses, and may, in appropriate instances to be determined by the commissioner, also include any other class of real property that is used for the conduct of any business, trade or profession; and (iv) "residential premises" means those portions of premises used predominantly for residential purposes, other than hotels, that abut the sidewalk and do not constitute commercial premises.
ยง2. This local law shall take effect ninety days after being enacted.
LS#2452 -2/12/07
CJC