Authorizes the environmental control board to adjudicate disputes between adjoining real property owners over the blocking of a driveway, the ownership or use of which is shared by such adjoining owners in the city of New York; further appoints another hearing officer to the board who shall be an attorney; defines the term "blocking".

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S690-2011 Actions

• Feb 10, 2012: PRINT NUMBER 690A
• Feb 10, 2012: AMEND AND RECOMMIT TO CITIES
• Jan 4, 2012: REFERRED TO CITIES
• Jan 5, 2011: REFERRED TO CITIES

S690-2011 Memo

BILL NUMBER:S690

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This bill, which is referred to as the "Open Driveway Act," grants the
Environmental control Board the power to adjudicate disputes arising
between adjoining real property owners over the blocking of a
driveway, the ownership or use of which is shared by such adjoining
property owners. This bill also defines "blocking" to mean the
parking or standing of a motor vehicle in a manner that prohibits
the ingress or egress of other vehicles authorized to use such
driveway.

SUMMARY OF SPECIFIC PROVISIONS:
Subdivision d of Section 1404 of the New York City Charter is
relettered as Subdivision e and a new Subdivision d is added which:

(1) Requires the environmental control board to adopt rules and
regulations to adjudicate disputes regarding a blocked driveway
arising between adjoining property owners who share ownership and use
of a such driveway, and requires such rules and regulations to
provide that the board:

(a) Provide proper notice to persons who are affected by the
adjudication.

(b) Render a decision that includes a determination of the rights of
the parties concerning the property.

(c) Impose penalties in accordance with a schedule of monetary fines,
which will not exceed one hundred fifty dollars, whenever a blocking
of a driveway is determined to have occurred.

(2) Requires the board to appoint a hearing officer who shall be an
attorney with a background and experience in real property to
adjudicate these disputes.

(3) Defines "blocking" as 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.

(4) Nothing in this subdivision shall be deemed to diminish or
extinguish a person's right to a trial by jury.

(5) Requires that if any provision of this subdivision or application
of which is held invalid, the remainder of this subdivision and
section shall not be affected thereby.


Amends subdivision a of section 1404 of the New York City charter
section 23 of part 4 of proposal number 5 by increasing the number of
mayoral appointees to the environmental control board from six to
seven, and requires that the additional member be one who shall be an
attorney with a background and experience in real property law.

Amends section 237 of the vehicle an traffic law by adding a new
subdivision 12 which:

(a) Requires said disputes regarding shared blocked driveways be heard
and determined by the environmental control board prior to the
issuing of a notice of violation for such dispute.

(b) Defines "blocking" in same manner as above.

JUSTIFICATION:
Many residential properties, especially in urban areas throughout the
state, have shared driveways, or access to available garages and
parking spaces via common alleyways. These shared spaces are private
properties, and current law does not provide for local authorities to
intervene to expeditiously resolve these disputes.

For instance, if one party blocks the space with a vehicle or other
object and refuses to move it upon the request of the other neighbor,
the only civil way to resolve the problem is for one party to take
the matter to court. Unfortunately, this never solves the problem
quickly enough when one party needs ingress or egress to the space.
On occasion, this situation has led to violent physical
confrontations between neighbors, resulting in criminal charges. In
other instances, individuals
such as senior citizens have been the victims of intimidation and
are denied the right to ingress and egress, and local authorities are
unable to assist in resolving the dispute.

Accordingly, this bill amends the New York City Charter to give the
Environmental Control Board (ECB) the power to hear and decide these
cases in an expeditious manner. Moreover, the bill will require the
ECB, which is comprised of individuals with specialized expertise, to
hire two attorneys with a background in real property law: one to
serve on the board and one to act as a hearing officer on these
cases. While the Parking and Violations Bureau will be responsible
for issuing violations to offenders, the ECB will be solely
responsible for hearing these cases and imposing fines not to exceed
$150.

PRIOR LEGISLATIVE HISTORY:
S.5513 of 2009
05/13/09 REFERRED TO CITIES
01/06/10 REFERRED TO CITIES

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect on the 90th day after it
shall have become a law, shall expire on 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 shall promulgate rules and regulations necessary to
effectuate the provisions of this act prior to such effective date.

S690-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     690

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
    printed to be committed to the Committee on Cities

  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

 S. 690                              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

 S. 690                              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.