File #: Int 0763-2008    Version: Name: Classifying housekeeping violations as immediately hazardous.
Type: Introduction Status: Enacted
Committee: Committee on Housing and Buildings
On agenda: 4/30/2008
Enactment date: 8/12/2008 Law number: 2008/034
Title: A Local Law to amend the administrative code of the city of New York in relation to classifying housekeeping violations as immediately hazardous, certifying correction of immediately hazardous housekeeping violations, adding civil penalties for violations of stop work orders.
Sponsors: Annabel Palma, Vincent J. Gentile, Letitia James, Alan J. Gerson, Robert Jackson, Helen Sears, Sara M. Gonzalez, Daniel R. Garodnick, John C. Liu, David I. Weprin, Betsy Gotbaum
Council Member Sponsors: 11
Attachments: 1. Int. No. 763 - 4/30/08, 2. Committee Report 5/6/08, 3. Hearing Testimony 5/6/08, 4. Hearing Transcript 5/6/08, 5. Hearing Transcript 6/25/08, 6. Committee Report 6/25/08, 7. Committee Report - Stated Meeting 6/29/08, 8. Hearing Transcript - Recessed Stated Meeting 6-23-08, 9. Hearing Transcript - Stated Meeting 6-29-08, 10. Fiscal Impact Statement, 11. Hearing Transcript - Stated Meeting 7/23/08, 12. Local Law
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
8/12/2008AAnnabel Palma Mayor Signed Into Law by Mayor  Action details Meeting details Not available
8/12/2008AAnnabel Palma City Council Recved from Mayor by Council  Action details Meeting details Not available
8/12/2008AAnnabel Palma Mayor Hearing Held by Mayor  Action details Meeting details Not available
7/23/2008AAnnabel Palma City Council Sent to Mayor by Council  Action details Meeting details Not available
7/23/2008AAnnabel Palma City Council Approved by CouncilPass Action details Meeting details Not available
6/29/2008AAnnabel Palma City Council Laid Over by Council  Action details Meeting details Not available
6/25/2008*Annabel Palma Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
6/25/2008*Annabel Palma Committee on Housing and Buildings Amendment Proposed by Comm  Action details Meeting details Not available
6/25/2008*Annabel Palma Committee on Housing and Buildings Amended by Committee  Action details Meeting details Not available
6/25/2008AAnnabel Palma Committee on Housing and Buildings Approved by CommitteePass Action details Meeting details Not available
5/6/2008*Annabel Palma Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
5/6/2008*Annabel Palma Committee on Housing and Buildings Laid Over by Committee  Action details Meeting details Not available
4/30/2008*Annabel Palma City Council Referred to Comm by Council  Action details Meeting details Not available
4/30/2008*Annabel Palma City Council Introduced by Council  Action details Meeting details Not available

Int. No. 763-A

 

By Council Members Palma, Gentile, James, Gerson, Jackson, Sears, Gonzalez, Garodnick, Liu, Weprin and the Public Advocate (Ms. Gotbaum)

 

A Local Law to amend the administrative code of the city of New York in relation to classifying housekeeping violations as immediately hazardous, certifying correction of immediately hazardous housekeeping violations, adding civil penalties for violations of stop work orders.

 

Be it enacted by the Council as follows:

 

Section 1. Section 28-201.2.1 of the administrative code of the city of New York, as amended by local law number 8 for the year 2008, is further amended by adding a new item 15 to read as follows:

15. A violation of sections 3303.4.5 and 3303.4.6 of the building code .

§2. Section 28-204.2 of the administrative code of the city of New York, as added by local law number 33 for the year 2007, is amended to read as follows:

§28-204.2 Order to certify correction. Each such notice of violation shall contain an order of the commissioner directing the respondent to correct the condition constituting the violation and to file [a certification] with the department electronically or in such other manner as the department may authorize by rule a certification that the condition has been corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be corrected within 30 days from the date of the order [and], that violations classified as immediately hazardous be corrected forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the department in a manner and form and within such [additional] period of time as shall be established by [rule of] the department. In any proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation if the respondent complies with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to multiple offenses.

§3. The administrative code of the city of New York is amended by adding a new section 28-207.2.5 to read as follows:

§28-207.2.5 Penalties.  In addition to the penalties provided for in this chapter,  any person who fails to comply with a stop work order shall be liable for a civil penalty in the amount of five thousand dollars for the initial violation and ten thousand dollars for every subsequent violation, to be paid to the department prior to the rescission of the stop work order; provided, however, this shall not apply to any work performed to remedy an unsafe or hazardous condition as authorized by order of the commissioner.

§4. This local law shall take effect immediately upon enactment.