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

                                  8490

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2011
                               ___________

Introduced by M. of A. TITONE -- read once and referred to the Committee
  on Cities

AN  ACT  to  amend  the New York city charter, in relation to service of
  notice of violation returnable to the environmental control  board  on
  the registered owner of a motor vehicle impounded by the department of
  sanitation of such city

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

  Section 1. Clauses (iii) and (iv) of subparagraph (a) of  paragraph  2
of  subdivision d of section 1049-a of the New York city charter, clause
(iii) as amended and clause (iv) as added by chapter 163 of the laws  of
2000  and  as renumbered by local law number 35 of the local laws of the
city of New York for the year 2008, are amended and a new clause (v)  is
added to read as follows:
  (iii)  service of a notice of violation of any provision of the admin-
istrative code relating to the prevention of noise pollution  caused  by
an  audible motor vehicle burglar alarm and over which the environmental
control board has jurisdiction may be served upon the owner of  a  motor
vehicle  by affixing such notice to said vehicle in a conspicuous place;
[and]
  (iv) service of a notice of violation of  any  of  the  provisions  of
section  10-119  or 10-120 of the administrative code of the city of New
York and over which the environmental control  board  has  jurisdiction,
may be made by certified mail, return receipt requested, to the respond-
ent's  last  known residence or business address, provided that delivery
of such notice shall be restricted to the respondent. Service by  certi-
fied  mail  shall  be  deemed  complete  upon  mailing  of the notice of
violation unless the notice of violation is returned to  the  sender  by
the  United  States  postal service for any reason other than refusal of
delivery; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11886-01-1

              

A. 8490                             2

  (V) SERVICE OF A NOTICE OF VIOLATION OF ANY PROVISION OF THE  ADMINIS-
TRATIVE  CODE  OF THE CITY OF NEW YORK ON A RESPONDENT WHO IS THE REGIS-
TERED OWNER OF A MOTOR VEHICLE IMPOUNDED BY THE DEPARTMENT OF SANITATION
IN CONNECTION WITH THE VIOLATION FOR WHICH THE NOTICE OF VIOLATION IS TO
BE  SERVED  MAY  BE  MADE  BY CERTIFIED MAIL TO THE ADDRESS AT WHICH THE
VEHICLE IS REGISTERED, PROVIDED  THAT  DELIVERY  IS  RESTRICTED  TO  THE
RESPONDENT. SERVICE BY CERTIFIED MAIL IS DEEMED COMPLETE UPON MAILING OF
THE NOTICE OF VIOLATION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.