A2662-2011 Actions

• Jan 4, 2012: referred to transportation
• Dec 16, 2011: print number 2662a
• Dec 16, 2011: amend and recommit to transportation
• Jan 19, 2011: referred to transportation

A2662-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2662
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 19, 2011
 
 Introduced  by  M.  of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY,
 COOK, HEASTIE, JACOBS, P. RIVERA, ROBINSON, TOWNS, WEISENBERG --  read
 once and referred to the Committee on Transportation
 AN  ACT  to amend the New York city charter, the vehicle and traffic law
 and the administrative code of the city of New York,  in  relation  to
 the  "open  driveway  act"  regarding  the environmental control board
 adjudication of disputes concerning the blocking of  a  driveway;  and
 providing for the repeal of such provisions upon expiration thereof
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. This act shall be known and  may  be  cited  as  the  "open
 driveway act".
 

S  2.

Section 1049-a of the New York city charter is amended by adding
 a new subdivision c-1 to read as follows:

 C-1. (1) THE ENVIRONMENTAL CONTROL BOARD SHALL ADOPT RULES  AND  REGU
 LATIONS TO ADJUDICATE DISPUTES ARISING BETWEEN ADJOINING PROPERTY OWNERS
 WHO  HAVE  OWNERSHIP  IN  AND USE A SHARED DRIVEWAY, WHERE SUCH DISPUTES
 ARISE FROM THE BLOCKING OF SUCH DRIVEWAY.  SUCH  RULES  AND  REGULATIONS
 SHALL PROVIDE, AMONG OTHER THINGS, THAT THE BOARD:

 (A)  PROVIDE  PROPER NOTICE TO PERSONS WHOSE INTEREST IN REAL PROPERTY
 ARE AFFECTED BY THE ADJUDICATION;
 (B) RENDER A DECISION THAT INCLUDES A DETERMINATION OF THE  RIGHTS  OF
 THE PARTIES CONCERNING THE PROPERTY; AND
 (C)  IMPOSE PENALTIES IN ACCORDANCE WITH A SCHEDULE OF MONETARY FINES,
 WHENEVER A BLOCKING OF A DRIVEWAY IS DETERMINED TO HAVE OCCURRED.  MONE
 TARY FINES SHALL NOT EXCEED ONE HUNDRED FIFTY DOLLARS.
 (2) FOR PURPOSES OF  ADJUDICATING  THESE  DISPUTES,  THE  BOARD  SHALL
 APPOINT A HEARING OFFICER WHO SHALL BE AN ATTORNEY WITH A BACKGROUND AND
 EXPERIENCE IN REAL PROPERTY LAW.
 (3)  FOR  THE  PURPOSES OF THIS SUBDIVISION, THE TERM "BLOCKING" SHALL
 MEAN THE PARKING OR STANDING OF  A  MOTOR  VEHICLE  IN  A  MANNER  WHICH
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02683-02-1
 
       A. 2662                             2
 PROHIBITS THE INGRESS OR EGRESS OF OTHER VEHICLES AUTHORIZED TO USE SUCH
 DRIVEWAY.
 (4)  NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO DIMINISH OR EXTIN
 GUISH A PERSON'S RIGHT TO A TRIAL BY JURY IN THE FIRST INSTANCE FOR  THE
 DETERMINATION  OF A CLAIM TO REAL PROPERTY PURSUANT TO THE REAL PROPERTY
 ACTIONS AND PROCEEDINGS LAW, THE CIVIL PRACTICE LAW AND RULES,  AND  ANY
 OTHER APPLICABLE LAW.
 (5) IF ANY PROVISION OF THIS SUBDIVISION OR THE APPLICATION THEREOF TO
 ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE REMAINDER OF THIS SUBDI
 VISION AND SECTION SHALL NOT BE AFFECTED THEREBY.
 

S  3. Subdivision a of section 1049-a of the New York city charter, as
 amended by section 5 of question 2 of local law 60 of the  city  of  New
 York for the year 2010, is amended to read as follows:

 a.  There shall be in the office of administrative trials and hearings
 an environmental control board consisting of the commissioner  of  envi
 ronmental  protection,  the commissioner of sanitation, the commissioner
 of buildings, the commissioner of health and mental hygiene, the  police
 commissioner,  the  fire  commissioner  and the chief administrative law
 judge of the office of administrative trials and hearings, who shall  be
 chair, all of whom shall serve on the board without compensation and all
 of  whom shall have the power to exercise or delegate any of their func
 tions, powers and duties as members of the board, and six persons to  be
 appointed by the mayor, with the advice and consent of the city council,
 who  are  not  otherwise  employed by the city, one to be possessed of a
 broad general background and experience in the field  of  air  pollution
 control,  one  with such background and experience in the field of water
 pollution control, one with such background and experience in the  field
 of  noise  pollution control, one with such background and experience in
 the real estate field, one with such background and  experience  in  the
 business  community,  ONE  WHO SHALL BE AN ATTORNEY WITH SUCH BACKGROUND
 AND EXPERIENCE IN REAL PROPERTY LAW, and one member of the  public,  and
 who  shall  serve for four-year terms. Such members shall be compensated
 at the rate of one hundred fifty dollars per  day  when  performing  the
 work  of  the board.  Within its appropriation, the board may appoint an
 executive director and such  hearing  officers,  including  non-salaried
 hearing  officers  and  other employees as it may from time to time find
 necessary for the proper performance of its duties.
 

S 4.

Section 237 of the vehicle and traffic law is amended by adding a
 new subdivision 13 to read as follows:

 13. (A) IN THE CITY OF NEW YORK, TO ISSUE A NOTICE OF VIOLATION  WHEN
 EVER  THE  BLOCKING  OF A DRIVEWAY HAS OCCURRED, WHERE THE OWNERSHIP AND
 USE OF SUCH DRIVEWAY IS SHARED BY ADJOINING PROPERTY  OWNERS;  PROVIDED,
 HOWEVER, THAT SUCH VIOLATIONS SHALL BE HEARD AND DETERMINED BY THE ENVI
 RONMENTAL  CONTROL  BOARD PURSUANT TO SUBDIVISION D OF SECTION ONE THOU
 SAND FORTY-NINE-A OF THE NEW YORK CITY CHARTER.
 (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE  TERM  "BLOCKING"  SHALL
 MEAN  THE  PARKING  OR  STANDING  OF  A  MOTOR VEHICLE IN A MANNER WHICH
 PROHIBITS THE INGRESS OR EGRESS OF OTHER VEHICLES AUTHORIZED TO USE SUCH
 DRIVEWAY.
 

S 5. Subdivision b of section 24-346 of the administrative code of the
 city of New York, as amended by local law 35 of the city of New York for
 the year 2008, is amended to read as follows:

 b. Any person who  violates  or  fails  to  comply  with  any  of  the
 provisions  of this chapter and chapter four of this title or any order,
 rule or regulation issued by the  board  or  commissioner  or  with  the
 conditions  of  any permit issued by the commissioner within the city of
 
       A. 2662                             3
 New York shall be liable for a civil penalty of not less than fifty  nor
 more  than  one  thousand  dollars  for each violation. In the case of a
 continuing violation each [days] DAY'S continuance shall be  a  separate
 and  distinct  offense.  The  environmental control board shall have the
 power to impose such civil penalties. A proceeding to impose such penal
 ties shall be commenced by the service of a notice of violation  return
 able to such board. Such board, after a hearing as provided by the rules
 and  regulations of the board, shall have the power to enforce its final
 decisions and orders imposing such civil penalties as if they were money
 judgments pursuant to subdivision d of section one thousand forty-nine-a
 of the New York city charter. A civil penalty imposed by the  board  may
 also  be  collected  in an action brought in the name of the city in any
 court of competent jurisdiction. The  board,  in  its  discretion,  may,
 within the limits set forth in this subdivision, establish a schedule of
 civil  penalties  indicating  the  minimum  and maximum penalty for each
 separate offense.
 

S 6. This act shall take effect on the ninetieth day  after  it  shall
 have become a law, and shall expire July 1, 2017 when upon such date the
 provisions of this act shall be deemed repealed; provided, however, that
 the environmental control board and the parking violations bureau in the
 city  of  New  York  shall promulgate rules and regulations necessary to
 effectuate the provisions of this act prior to such effective date.

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