S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9633--A
 
                           I N  A S S E M B L Y
 
                             January 28, 2020
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Governmental Operations  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the executive law, in relation  to  penalties  for  code
   violations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs h and i of subdivision 1 of section 381  of  the
 executive  law, as added by chapter 560 of the laws of 2010, are amended
 and a new paragraph j is added to read as follows:
   h. minimum basic training and  in-service  training  requirements  for
 personnel charged with administration and enforcement of the state ener-
 gy conservation construction code; [and]
   i.  standards and procedures for measuring the rate of compliance with
 the state energy conservation construction code, and provisions  requir-
 ing that such rate of compliance be measured on an annual basis[.]; AND
   J.  STANDARDS  AND  PROCEDURES  BY  WHICH  PERSONS SEEKING BUILDING OR
 CONSTRUCTION PERMITS OR TO PURCHASE PROPERTY HELD  BY  A  LAND  BANK  OR
 SUBSIDIZED  BY PUBLIC FUNDS IDENTIFY ANY OUTSTANDING ORDERS OF REMEDY OR
 IMMEDIATELY HAZARDOUS VIOLATIONS OF THE UNIFORM CODE ON  PROPERTIES  (1)
 OWNED BY SUCH PERSON OR OWNED BY A CORPORATE ENTITY IN WHICH SUCH PERSON
 IS A MANAGER, PARTNER, OR AUTHORIZED PERSON, OR OWNED BY THE SAME PERSON
 OR  CORPORATE  ENTITY  WHICH  OWNS  THE  PROPERTY  FOR WHICH A PERMIT OR
 PURCHASE IS SOUGHT, INCLUDING PROPERTIES OWNED BY A CORPORATE ENTITY  IN
 WHICH  SUCH  PERSON  IS A MANAGER, PARTNER, OR AUTHORIZED PERSON AND (2)
 THE STATUS OF EACH ORDER OF REMEDY AND VIOLATION.
   EVERY LOCAL  GOVERNMENT  MAY  ENACT  LOCAL  LAWS  WHICH  PROVIDE  THAT
 PERSONS,  CORPORATE  ENTITIES,  OR  CORPORATE ENTITIES IN WHICH ANY SUCH
 PERSON WHO IS A MEMBER, PARTNER, OR AUTHORIZED PERSON  WITH  OUTSTANDING
 ORDERS OF REMEDY OR IMMEDIATELY HAZARDOUS VIOLATIONS OF THE UNIFORM CODE
 MAY  NOT  OBTAIN BUILDING OR CONSTRUCTION PERMITS OR PURCHASE PROPERTIES
 FROM A LAND BANK OR SUBSIDIZED BY PUBLIC FUNDS.
   § 2. Subdivisions 2 and 3 of section 382 of the executive law,  subdi-
 vision 2 as amended by chapter 135 of the laws of 1997 and subdivision 3
 as  added  by  chapter  707  of the laws of 1981, are amended to read as
              

 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14083-05-0

 A. 9633--A                          2

   2. Any person, having been served, either personally or by  registered
 or  certified mail, with an order to remedy any condition found to exist
 in, on,  or  about  any  building  in  violation  of  the  uniform  fire
 prevention  and  building code, who shall fail to comply with such order
 within  the  time  fixed by the regulations promulgated by the secretary
 pursuant to subdivision one of section three hundred eighty-one of  this
 article,  such  time  period  to  be stated in the order, and any owner,
 builder,  architect,  tenant,  contractor,  subcontractor,  construction
 superintendent  or  their  agents  or  any  other  person taking part or
 assisting in the  construction  of  any  building  who  shall  knowingly
 violate  any  of  the  applicable  provisions of the uniform code or any
 lawful order of a local government, a county or the secretary made ther-
 eunder  regarding  standards  for  construction,  maintenance,  or  fire
 protection  equipment  and  systems, shall be punishable by a fine of NO
 LESS THAN FIFTY DOLLARS AND not more than one thousand dollars  per  day
 of  violation,  or  imprisonment  not  exceeding  one  year,  or both. A
 PERSON'S SECOND VIOLATION RELATED TO A PROPERTY  OWNED  BY  SUCH  PERSON
 SHALL  BE  PUNISHABLE  BY A FINE OF NO LESS THAN ONE HUNDRED DOLLARS AND
 NOT MORE THAN TWO THOUSAND DOLLARS PER DAY OF VIOLATION, OR IMPRISONMENT
 NOT EXCEEDING ONE YEAR, OR BOTH. A PERSON'S THIRD VIOLATION RELATED TO A
 PROPERTY OWNED BY SUCH PERSON SHALL BE PUNISHABLE BY A FINE OF NOT  LESS
 THAN  ONE  HUNDRED  AND  FIFTY  DOLLARS AND NOT MORE THAN THREE THOUSAND
 DOLLARS PER DAY OF VIOLATION, OR IMPRISONMENT NOT EXCEEDING ONE YEAR, OR
 BOTH.
   3. Where the construction or use of a building is in violation of  any
 provision of the uniform code or any lawful order obtained thereunder, a
 justice  of the supreme court at a special term in the judicial district
 in which the building is located, may order the removal of the  building
 or  an  abatement  of  the condition in violation of such provisions. An
 application for such relief may be made by the secretary, an appropriate
 municipal officer, or any other person aggrieved by the  violation.  ANY
 PERSON, HAVING BEEN SERVED, EITHER PERSONALLY OR BY REGISTERED OR CERTI-
 FIED  MAIL,  WITH AN ORDER TO REMEDY THE ILLEGAL CONVERSION, MAINTENANCE
 OR OCCUPANCY OF TWO OR MORE DWELLINGS ABOVE THE NUMBER OF DWELLING UNITS
 LEGALLY AUTHORIZED BY THE CERTIFICATE OF OCCUPANCY, WHO  SHALL  FAIL  TO
 COMPLY  WITH SUCH ORDER WITHIN THE TIME FIXED BY THE REGULATIONS PROMUL-
 GATED BY THE SECRETARY PURSUANT TO  SUBDIVISION  ONE  OF  SECTION  THREE
 HUNDRED EIGHTY-ONE OF THIS ARTICLE, SUCH TIME PERIOD TO BE STATED IN THE
 ORDER,  AND  ANY  OWNER, BUILDER, ARCHITECT, TENANT, CONTRACTOR, SUBCON-
 TRACTOR, CONSTRUCTION SUPERINTENDENT OR THEIR AGENTS OR ANY OTHER PERSON
 TAKING PART OR ASSISTING IN THE CONSTRUCTION OF ANY BUILDING  WHO  SHALL
 KNOWINGLY  VIOLATE  ANY OF THE APPLICABLE PROVISIONS OF THE UNIFORM CODE
 OF ANY LAWFUL ORDER OF A LOCAL GOVERNMENT, A  COUNTY  OR  THE  SECRETARY
 MADE  THEREUNDER  REGARDING  STANDARDS FOR CONSTRUCTION, MAINTENANCE, OR
 FIRE PROTECTION EQUIPMENT AND SYSTEMS, SHALL BE PUNISHABLE BY A FINE  OF
 NOT  LESS THAN FIVE HUNDRED DOLLARS. A PERSON'S SECOND VIOLATION RELATED
 TO A PROPERTY OWNED BY SUCH PERSON SHALL BE PUNISHABLE BY A FINE OF  NOT
 LESS  THAN ONE THOUSAND DOLLARS. A PERSON'S THIRD VIOLATION RELATED TO A
 PROPERTY OWNED BY SUCH PERSON SHALL BE PUNISHABLE BY A FINE OF NOT  LESS
 THAN TWO THOUSAND DOLLARS.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.