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

                                  4555

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M.  of  A.  BRENNAN, LENTOL, ROSENTHAL, LANCMAN, HEVESI,
  MARKEY,  COLTON,  BING,  GOTTFRIED,  MAISEL,  BENEDETTO,   CYMBROWITZ,
  WRIGHT,  ROBINSON, COOK, CLARK, BROOK-KRASNY, MILLMAN, JACOBS, CAMARA,
  PERALTA, GREENE, PERRY -- Multi-Sponsored by --  M.  of  A.  DINOWITZ,
  FARRELL,  GLICK, V. LOPEZ, NOLAN, PHEFFER -- read once and referred to
  the Committee on Cities

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  adding civil penalties for failure to certify correction
  of immediately hazardous violations that pose  a  threat  of  imminent
  danger and creating a duty to reinspect and abate hazardous activities
  in violation of the New York city building code

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

  Section 1. Legislative findings.  The  legislature  hereby  finds  and
declares  that  the  purpose  of  the  New York city building code is to
ensure construction and building safety  as  well  as  to  preserve  the
integrity  of  the  individual  neighborhoods  in  the city of New York.
Furthermore, the health and safety  of  the  population  living  in  and
around  the  many  construction projects within such a densely populated
city is a matter of state concern as pressure mounts to build  more  and
more while completing projects in the shortest time possible.
  S  2.  Chapter 2 of title 28 of the administrative code of the city of
New York is amended by adding a new article 217 to read as follows:
                                ARTICLE 217
          FAILURE TO CERTIFY CORRECTION OF CERTAIN IMMEDIATELY
                          HAZARDOUS VIOLATIONS
  S 28-217.1 DEPARTMENT PENALTY FOR FAILURE TO  CERTIFY  CORRECTION.  IN
ADDITION  TO ANY PENALTIES OTHERWISE AUTHORIZED BY LAW PURSUANT TO ARTI-
CLE 202 AND THE RULES OF THE DEPARTMENT, WHENEVER ANY  PERSON  FAILS  TO
SUBMIT CERTIFICATION OF CORRECTION OF AN IMMEDIATELY HAZARDOUS VIOLATION
THAT  POSES A THREAT OF IMMINENT DANGER TO PUBLIC SAFETY OR PROPERTY, AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07228-01-9
              

A. 4555                             2

REQUIRED BY AN ORDER ISSUED PURSUANT  TO  SECTION  28-204.2,  A  PENALTY
SHALL BE PAID TO THE DEPARTMENT IN THE AMOUNT OF NOT LESS THAN ONE THOU-
SAND FIVE HUNDRED DOLLARS OR MORE THAN FIVE THOUSAND DOLLARS.  NO PERMIT
OR  CERTIFICATE  OF OCCUPANCY SHALL BE ISSUED AND NO STOP WORK ORDER MAY
BE RESCINDED AT THE PROPERTY NAMED IN THE ORDER UNTIL  SUCH  PENALTY  IS
PAID TO THE DEPARTMENT.
  S  28-217.2 REINSPECTION. WHERE AN IMMEDIATELY HAZARDOUS CONDITION HAS
BEEN IDENTIFIED AS POSING A THREAT OF IMMINENT DANGER TO  PUBLIC  SAFETY
OR  PROPERTY  AND  A  VIOLATION  HAS BEEN ISSUED, THE COMMISSIONER SHALL
RE-INSPECT THE CONDITION THAT GAVE RISE TO THE  VIOLATION  WITHIN  SIXTY
DAYS OF THE DATE OF THE NOTICE OF A VIOLATION, UNLESS:
  1.  A  CERTIFICATION OF THE CORRECTION OF THE CONDITION HAS BEEN FILED
IN THE MANNER AND FORM PRESCRIBED BY THE DEPARTMENT; OR
  2. THE PERSON TO WHOM THE VIOLATION HAS BEEN DIRECTED HAS OBTAINED  AN
EXTENSION  OF  TIME  FOR  FILING  THE  CERTIFICATE  OF CORRECTION OF THE
VIOLATION FROM THE COMMISSIONER IN ACCORDANCE WITH SECTION 28-204.4  AND
WITH  ANY APPLICABLE RULES OF THE DEPARTMENT, AND SAID EXTENSION OF TIME
TO FILE HAS NOT YET EXPIRED; OR
  3. THE CONDITION HAS BEEN CORRECTED IN THE PRESENCE OF THE COMMISSION-
ER.
  S 28-217.2.1 CONTINUED NONCOMPLIANCE.   IF,  UPON  RE-INSPECTION,  THE
COMMISSIONER  DETERMINES  THE  CONDITION  CONTINUES  TO POSE A THREAT OF
IMMINENT DANGER TO PUBLIC SAFETY OR PROPERTY,  AND  THE  PERSON  AGAINST
WHOM  THE  INITIAL  VIOLATION  WAS  DIRECTED  IS  NOT IN COMPLIANCE WITH
SECTION 28-204.4, THE COMMISSIONER SHALL ISSUE AN APPROPRIATE  VIOLATION
AND  SHALL ISSUE A STOP-WORK ORDER, PURSUANT TO SECTION 28-207.2, OR THE
COMMISSIONER SHALL, IF THE COMMISSIONER IS UNABLE TO  OBTAIN  ACCESS  TO
THE  PREMISES,  REQUEST  THE  CORPORATION  COUNSEL  TO  INSTITUTE  LEGAL
PROCEEDINGS TO COMPEL CORRECTION OF THE VIOLATION AND ABATE  THE  CONDI-
TION OR TAKE SUCH OTHER ACTION AS IS APPROPRIATE.
  S  28-217.2.2 INSPECTIONS BY THE COMMISSIONER.  THE COMMISSIONER SHALL
CONTINUE TO RE-INSPECT ANY CONDITION THAT HAS GIVEN  RISE  TO  AN  IMME-
DIATELY  HAZARDOUS  VIOLATION  THAT POSES A THREAT OF IMMINENT DANGER TO
PUBLIC SAFETY OR PROPERTY EVERY SIXTY DAYS, AND SHALL FOLLOW THE  PROCE-
DURES  DESCRIBED  IN  ITEMS ONE, TWO AND THREE OF SECTION 28-217.2 UNTIL
THE CONDITION HAS BEEN  FOUND  BY  INSPECTION  OR  CERTIFICATION  TO  BE
CORRECTED OR ABATED.
  S 28-217.3 FALSE CERTIFICATIONS OF CORRECTION. IT SHALL BE UNLAWFUL TO
PREPARE,  FILE  OR  OFFER FOR FILING A CERTIFICATION OF CORRECTION OF AN
IMMEDIATELY  HAZARDOUS  CONDITION,  KNOWING  THAT   SUCH   CERTIFICATION
CONTAINS A FALSE STATEMENT OR FALSE INFORMATION. ANY PERSON WHO PREPARES
SUCH  A CERTIFICATE SHALL BE SUBJECT TO PROSECUTION UNDER SECTION 175.05
OR 175.10 OF THE PENAL LAW. ANY PERSON WHO FILES SUCH A  CERTIFICATE  OR
OFFERS  SUCH  A  CERTIFICATE  FOR FILING SHALL BE SUBJECT TO PROSECUTION
UNDER SECTION 175.30 OR 175.35 OF THE PENAL LAW. NOTHING IN THIS SECTION
SHALL BE CONSTRUED TO LIMIT, ALTER OR AFFECT THE AUTHORITY CONFERRED  BY
ANY  OTHER  PROVISION  OF  THIS  CHAPTER OR OTHER LAW TO BRING CRIMINAL,
CIVIL OR ADMINISTRATIVE ACTIONS OR PROCEEDINGS OR OTHER REMEDIES FOR THE
PREPARATION, FILING  OR  OFFERING  FOR  FILING  OF  A  CERTIFICATION  OF
CORRECTION  OF  AN  IMMEDIATELY  HAZARDOUS  CONDITION CONTAINING A FALSE
STATEMENT OR FALSE INFORMATION.
  S 3. This act shall take effect 6 months after it shall have become  a
law.