What's happening
This bill allows the Department of Sanitation to serve violation notices to closed businesses by posting them at the premises and mailing them.
Why it matters
Speeds up enforcement against closed businesses. By allowing the Department of Sanitation to post notices on-site and mail them, the bill prevents businesses from avoiding penalties simply by being closed and unreachable by traditional methods.
Reduces potential loopholes for noncompliance. This new method addresses situations where businesses might close temporarily or permanently to evade receiving violation notices, ensuring they can still be held accountable for infractions.
Improves public cleanliness and accountability. The bill targets violations under Title 16 (sanitation codes), supporting more effective enforcement of cleanliness and waste regulations that affect neighborhood quality and public health.
Clarifies and streamlines legal notification. The bill explicitly states that first-class mailing completes service, reducing ambiguity and potential legal challenges over whether a business was properly notified.
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Who cares
Headline styles
Change Violation Notice Delivery
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1216
- Referred to cities 1
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.211
- Referred to cities 1
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
949
2025-2026 Regular Sessions
IN SENATE (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 Assembly, do enact as follows:
Section 1. Clause (iv) of subparagraph (a) of paragraph 2 of subdivision d of section 1049-a of the New York city charter, as added by chapter 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 respondent's last known residence or business address, provided that delivery of such notice shall be restricted to the respondent. Service by certified 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 commercial 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
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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.