Bill S5000A-2013

Authorizes the city of Yonkers to merge the functions of its parking violations bureau and administrative adjudication bureau

Authorizes the city of Yonkers to merge the functions of its parking violations bureau and administrative adjudication bureau.

Details

Actions

  • Jun 20, 2013: SUBSTITUTED BY A7328A
  • Jun 11, 2013: AMENDED ON THIRD READING (T) 5000A
  • May 29, 2013: ADVANCED TO THIRD READING
  • May 23, 2013: 2ND REPORT CAL.
  • May 22, 2013: 1ST REPORT CAL.758
  • May 3, 2013: REFERRED TO LOCAL GOVERNMENT

Calendars

Memo

BILL NUMBER:S5000A

TITLE OF BILL: An act to amend the general municipal 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 GNL 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 5000--A Cal. No. 758 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 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the general municipal law, in relation to authorizing the city of Yonkers to merge the functions 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, provided, however, that such administrative adjudication hear- ing procedure shall not apply to violations of the building code of the city of Yonkers. SUCH ADMINISTRATIVE ADJUDICATION BUREAU ESTABLISHED PURSUANT TO THIS SUBDIVISION MAY ALSO PROVIDE FOR THE HEARING AND DETER- MINATION OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STANDING OR STOP- PING VIOLATIONS, PROVIDED THAT THE PROVISIONS OF ARTICLE TWO-B OF THE VEHICLE AND TRAFFIC LAW SHALL APPLY TO SUCH HEARING AND DETERMINATIONS. S 2. This act shall take effect immediately.

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