NY State Senate Bill 2025-S949

Senate Bill S949

2025-2026 Legislative Session

Relates to service of certain notice of violations returnable to the environmental control board

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Current Bill Status - In Senate Committee Cities 1 Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to cities 1

co-Sponsors

2025-S949 (ACTIVE) - Details

Current Committee:: Senate Cities 1
Law Section:: New York City Charter
Laws Affected:: Amd §1049-a, NYC Chart
Versions Introduced in 2023-2024 Legislative Session:: S8728

2025-S949 (ACTIVE) - Summary

Provides for service of notice of violations of any provision of title sixteen of the administrative code of the city of New York by the department of sanitation on a respondent that is a closed commercial establishment.

2025-S949 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S949

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the New York city charter, in relation to service of
certain notice of violations returnable to the environmental control
board

 
PURPOSE:

Relates to service of certain notice of violations returnable to the
environmental control board

 
SUMMARY OF PROVISIONS:

Section 1 would add a new clause (v) of subparagraph (a) of paragraph 2
of subdivision d of section 1049-a of the New York City Charter to
provide that service of a notice of violation returnable to the New York
City Environmental Control Board on a closed commercial establishment
may be made by affixing such notice in a conspicuous place to the prem-
ises where the violation occurred, and by mailing a copy of such notice

of violation via first class mail directly to the commercial establish-
ment at the address at which the violation was issued.

Section 2 makes the act take effect on the 180th day after it shall have
become a law.

 
JUSTIFICATION:

The New York City Department of Sanitation (the "Department") is respon-
sible for enforcing various rules and regulations relating to cleanli-
ness within the City of New York. These cleanliness violations range
from the failure to clean the sidewalk, to placing materials out for
Department or private carter collection improperly or at the wrong time.
The Department can only observe certain violations relating to the prop-
er set out of materials when a commercial establishment is closed. These
violations include the failure to set out recyclable materials properly
and the failure to place refuse in a container.

The current law requires that the Department return to the commercial
establishment when it has reopened in order to serve a notice of
violation on a responsible party for a condition observed while the
commercial establishment was closed. This legislation would allow the
Department at the time it observes the violation, to affix such notice
of violation in a conspicuous place to the premise where the violation
occurred. It would also require that a copy of such violation be mailed
via first class mail directly to the commercial establishment at the
address at which the violation was issued. This legislation would elimi-
nate the need for the Department to return the next day to the commer-
cial establishment to effectuate in-person service and would allow the
Department to use its resources in a cost effective and more productive
manner.

 
LEGISLATIVE HISTORY:

2024 - S. 8728 - ADVANCED TO THIRD READING; COMMITTED TO RULES/ A.  9433
referred to cities

 
STATE AND LOCAL FISCAL IMPLICATIONS:

N/A

 
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become a law.

2025-S949 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    949
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  JACKSON, SEPULVEDA, PERSAUD, CLEARE -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Cities 1
 
 AN ACT to amend the New York city charter, in  relation  to  service  of
   certain  notice  of violations returnable to the environmental control
   board
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Clause (iv) of subparagraph (a) of paragraph 2 of subdivi-
 sion d of section 1049-a of the New York city charter, as added by chap-
 ter 163 of the laws of 2000 and such section as renumbered by local  law
 35  of  the  city  of  New  York for the year 2008, is amended and a new
 clause (v) is added to read as follows:
   (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
   (V) SERVICE OF A NOTICE OF VIOLATION OF ANY PROVISION OF TITLE SIXTEEN
 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK BY THE DEPARTMENT  OF
 SANITATION  ON  A  RESPONDENT THAT IS A CLOSED COMMERCIAL ESTABLISHMENT,
 SUCH VIOLATION MAY BE MADE BY AFFIXING  SUCH  NOTICE  IN  A  CONSPICUOUS
 PLACE TO THE PREMISES WHERE THE VIOLATION OCCURRED AND BY MAILING A COPY
 OF SUCH NOTICE OF VIOLATION VIA FIRST CLASS MAIL DIRECTLY TO THE COMMER-
 CIAL  ESTABLISHMENT  TO  THE  ADDRESS AT WHICH THE VIOLATION WAS ISSUED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02983-01-5
 S. 949                              2
 
 SERVICE BY FIRST CLASS MAIL IS  DEEMED  COMPLETE  UPON  MAILING  OF  THE
 NOTICE OF VIOLATION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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Senate Bill S949

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Sponsored By

Robert Jackson