Int. No. 411
By Council Members Freed, Leffler, Spigner, Duane, Eldridge, Linares, Marshall, Reed, Sabini, Warden, Fiala and Stabile; also Council Members Foster, Harrison and Koslowitz.
A Local Law to amend the administrative code of the city of New York, in relation to illegal manufacturing.
Be it enacted by the Council as follows:
Section 1. Subdivisions a, d, h and k of section 26-127.2 of the administrative code of the city of New York, as added by local law number 6 for the year 1993, are amended to read as follows:
§26-127.2 Violations of the zoning resolution in residential, commercial, M1-5A and M1-5B districts. a. (1) Any building or part thereof that is located in a residential district, which is occupied for a commercial or manufacturing use in violation of the zoning resolution without a valid certificate of occupancy, is hereby declared to be a public nuisance.
(2) Any building or part thereof that is located either in a commercial, M1-5A or M1-5B district, which is occupied for a manufacturing use in violation of the zoning resolution without a valid certificate of occupancy, a valid special permit issued pursuant to the zoning resolution or a valid variance, is hereby declared to be a public nuisance.
d. Such hearing shall be conducted by the office of administrative trials and hearings. The administrative law judge assigned to hear the matter shall submit his or her proposed findings of fact and recommended decision to the commissioner. If based on such recommended decision, proposed findings of fact, and the record of the hearing the commissioner determines that the building or part thereof is [located in a residential district and that it has been] occupied [for a commercial of manufacturing use in violation of the zoning resolution without a valid certificate of occupancy,] in violation of the zoning resolution pursuant to subdivision a of this section, he or she may issue an order of closure. Such order shall not bar legally required ingress or egress for residential occupancy of parts of the building, if any, which are not subject to the order of closure.
h. On the tenth business day after the posting of such order and upon the written directive of the commissioner, police officers and authorized employees of the department shall act upon and enforce such order by sealing, padlocking, or otherwise preventing access to the premises in a manner that will not bar legally required ingress or egress for residential occupancy of parts of the building, if any, that are not subject to the closure order.
k. Intentional disobedience or resistance to any provision of an order issued by the commissioner pursuant to this section, in addition to any other punishment prescribed by law, shall be punished by a fine of not more than [one] five thousand dollars, or by imprisonment not exceeding six months, or both.
§2. This local law shall take effect sixty days after it shall have been enacted into law.
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LS# 692
08/24/98
1:30 p.m.