Authorizes the city of Yonkers to adopt a local law creating a bureau of administrative adjudication for code and ordinance violations regarding conditions which constitute a threat or danger to the public health, safety or welfare.
Ayes (8): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Oppenheimer, Klein
TITLE OF BILL: An act to amend the general municipal law, in relation to bureaus of administrative adjudication
PURPOSE OF BILL: This bill will create a Bureau of Administrative Adjudication for the City of Yonkers.
SUMMARY OF PROVISIONS: This bill amends section 380 of the general municipal law, as added by chapter 382 of the laws of 1995, by adding a new Section 2 to allow Yonkers to create a Bureau of Administrative Adjudication.
EXISTING LAW: Present law allows municipalities having a population of more than three hundred thousand, but less than three hundred fifty thousand to create a Bureau of Administrative Adjudication.
JUSTIFICATION: Yonkers City Court calendar has become overburdened with the prosecution of these minor city code and ordinance violations and seeks to facilitate and improve the expeditious and efficient enforcement of city code and ordinance violations through an administrative adjudication procedure.
This bill will allow Yonkers to establish an administrative adjudication bureau. Buffalo was allowed this option two years ago under the current law.
LEGISLATIVE HISTORY: 2009/2010 - S.6697 - Passed Senate
FISCAL IMPLICATIONS: By improving enforcement of city codes and ordinance violations increased revenues would occur.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3905 2011-2012 Regular Sessions IN SENATE March 9, 2011 ___________Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the general municipal law, in relation to bureaus of administrative adjudication THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 380 of the general municipal law, as added by chap- ter 382 of the laws of 1995, is amended to read as follows: S 380. Code and ordinance violations; administrative adjudication. 1. Any municipality having a population of more than three hundred thousand but less than three hundred fifty thousand may adopt a local law estab- lishing an administrative adjudication hearing procedure under the provisions of this article for all code and ordinance violations regard- ing conditions which constitute a threat or danger to the public health, safety or welfare. Such bureaus shall be responsible for the impartial administration and conduct of adjudicatory proceedings in such munici- pality. 2. THE CITY OF YONKERS MAY ADOPT A LOCAL LAW ESTABLISHING AN ADMINIS- TRATIVE ADJUDICATION HEARING PROCEDURE UNDER THE PROVISIONS OF THIS ARTICLE FOR ALL CODE AND ORDINANCE VIOLATIONS RELATING TO CONDITIONS WHICH CONSTITUTE A THREAT OR DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE, PROVIDED, HOWEVER, THAT SUCH ADMINISTRATIVE ADJUDICATION HEAR- ING PROCEDURE SHALL NOT APPLY TO VIOLATIONS OF THE BUILDING CODE OF THE CITY OF YONKERS. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02820-01-1