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S7122Senate2019-2020 SessionSame asA9108

Let All Towns Fine Violations

Official title

“Relates to the application of code and ordinance violation administrative adjudication”

Sponsor Jim GaughranSD-5Affects Local Government
Status
In Senate Committee
Local Government
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Local Government

What's happening

This bill allows any municipality in New York, regardless of population size, to establish administrative hearings for code and ordinance violations.

Why it matters

  1. Expands Local Authority. By removing population limits, this bill empowers any city, town, or village in New York to create their own administrative hearing process for code and ordinance violations, not just larger municipalities. This could lead to more responsive and locally tailored enforcement.

  2. Potentially Faster Resolution. Local administrative hearings may resolve code violations more quickly than traditional court processes, reducing backlogs and providing swifter outcomes for both residents and municipalities.

  3. May Improve Compliance and Public Safety. Municipalities of all sizes could more effectively address violations that threaten public health, safety, or welfare, potentially resulting in better-maintained communities and safer neighborhoods.

  4. Could Shift Local Government Workloads. Smaller municipalities might see increased administrative responsibilities and costs, but could also benefit from greater control and flexibility in enforcing their own codes and ordinances.

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Who cares

  • Municipal governments

    The bill would remove the population restriction, allowing any municipality to establish administrative hearings for code and ordinance violations involving conditions that threaten public health, safety or welfare.

  • Municipal code enforcement officials

    They could have an administrative hearing process available for qualifying violations if their municipality adopts a local law establishing one.

  • Property owners facing code violations

    They could face administrative adjudication in municipalities newly eligible to establish the hearing process.

  • Municipal administrative hearing bureaus

    Bureaus established under this authority would be responsible for impartially administering and conducting adjudicatory proceedings.

Headline styles

Let All Towns Fine Violations

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Jim Gaughran

Senator · Senate District 5

Chair, Local Government

No co-sponsors yet.

History

  1. Referred to local government

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A9108Assembly

Expand Local Code Hearings

In Assembly Committee · Local Governments · Sponsor Fred Thiele

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7122

IN SENATE (Prefiled)

January 8, 2020

Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation to the application of code and ordinance violation administrative adjudication

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 1 of section 380 of the general municipal law, as amended by chapter 392 of the laws of 2012, is amended to read as follows:

1. Any municipality [having a population of more than three hundred thousand but less than three hundred fifty thousand] may adopt a local law establishing an administrative adjudication hearing procedure under the provisions of this article for all code and ordinance violations regarding conditions which constitute a threat or danger to the public health, safety or welfare. Such bureaus shall be responsible for the impartial administration and conduct of adjudicatory proceedings in such municipality.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD14490-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the general municipal law, in relation to the applica- tion of code and ordinance violation administrative adjudication

Purpose

This bill would allow local governments the option to establish adminis- trative tribunals for the enforcement of code and ordinance violations

Summary of provisions

Section one amends subdivision 1 of section 380 of the General Municipal law, expanding the authority of local governments across the state to establish administrative tribunals for the enforcement of code and ordi- nance violations. This expanded authority would be at local option.

Section two provides that this act shall take effect immediately.

Justification

Currently, the cities of Syracuse and Yonkers, along with the Town of Huntington, and those municipalities with populations between 300,000 and 350,000 people, have the authority to establish administrative tribunals for the adjudication of local code and ordinance violations.

In light of recent changes to the discovery process for criminal actions, it is important for all municipalities to have the flexibility to handle these local, non-criminal, matters outside the parameters contained in the criminal justice reform package.

This legislation would merely extend the authority to establish adminis- trative tribunals to all municipalities, regardless of population, across the state. Only code and ordinance violations would be adjudi- cated through these tribunals. This added authority would be at local option.

Legislative history

New Legislation.

Fiscal implications

None to the State and potential cost savings for local governments.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.