Authorizes the city of Yonkers to merge the functions of its parking violations bureau and administrative adjudication bureau.
TITLE OF BILL: An act to amend the general municipal law and the vehicle and traffic law, in relation to authorizing the city of Yonkers to merge the functions of its parking violations bureau and administrative adjudication bureau
PURPOSE OR GENERAL IDEA OF BILL: To allow the city of Yonkers to merge the functions of its parking violations bureau and administrative adjudication bureau.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends Subdivision 2 of Section 380 of the general municipal law, as added by chapter 392 of the laws of 2012 to allow the city of Yonkers to adopt a local law to include parking violations under the administrative adjudication hearing procedure.
Section 2 of the bill amends Section 236 of the vehicle and traffic law by adding a new Subdivision 4-a to allow the city of Yonkers to adopt a local law for the administrative adjudication of all parking violations.
JUSTIFICATION: Currently, the City of Yonkers adjudicates its code violations through the Yonkers City Court, which is overburdened with criminal and housing matters. In an effort to alleviate this burden, the City requested legislation from the State authorizing the establishment of an administrative adjudication bureau (AAB) pursuant to Article 14-BB of the GML to manage these quality of life/code violations in a more efficient manner.
This legislation was approved in the 2012 legislative session. Upon comprehensive analysis of the proposed local implementation of the AAB, it was discovered that the Yonkers Parking Violations Bureau and the AAB, unless merged administratively, would function as two distinct but wholly duplicative administrative agencies, performing identical functions throughout the enforcement process. This legislation offers the City of Yonkers the option of combining these administrative functions in a manner which will provide consistency and clarity to the residents and businesses it serves, and provide an efficient one-stop tribunal to manage and enforce all administrative violations generated in the City of Yonkers, excepting those Fire and Building Code violations which tend to be public safety-focused and could involve criminal penalties.
LEGISLATIVE HISTORY: New Bill - 2013
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5000 2013-2014 Regular Sessions IN SENATE May 3, 2013 ___________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 and the vehicle and traffic law, in relation to authorizing the city of Yonkers to merge the func- tions of its parking violations bureau and administrative adjudication bureau THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 380 of the general municipal law, as added by chapter 392 of the laws of 2012, is amended to read as follows: 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, AND FOR ALL PARKING VIOLATIONS OF THE CITY OF YONKERS AS PROVIDED FOR IN ARTICLE TWO-B OF THE VEHICLE AND TRAFFIC LAW, provided, however, that such administrative adjudication hearing procedure shall not apply to violations of the FIRE AND building code of the city of Yonkers. S 2. Section 236 of the vehicle and traffic law, is amended by adding a new subdivision 4-a to read as follows: 4-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, THE CITY OF YONKERS MAY PROVIDE BY LOCAL LAW FOR THE ADMINISTRATIVE ADJUDICATION OF ALL PARKING VIOLATIONS OF THE CITY OF YONKERS IN THE MANNER PROVIDED FOR PURSUANT TO SUBDIVI- SION TWO OF SECTION THREE HUNDRED EIGHTY OF THE GENERAL MUNICIPAL LAW. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10720-01-3