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A00326 Summary:

BILL NOA00326
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd §380, Gen Muni L
 
Authorizes the county of Westchester to establish by local law an administrative adjudication hearing procedure for all code and ordinance violations relating to conditions which constitute a threat or danger to the public health, safety or welfare.
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A00326 Actions:

BILL NOA00326
 
01/04/2023referred to local governments
01/03/2024referred to local governments
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A00326 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A326
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the general municipal law, in relation to local civil administrative enforcement procedures in the county of Westchester   PURPOSE OR GENERAL IDEA OF BILL: A bill to authorize local civil administrative enforcement procedures in Westchester County.   SUMMARY OF SPECIFIC PROVISIONS: Section 380 of the General Municipal Law is amended to add subsection 5 to allow Westchester County to adopt a local law to establish an admin- istrative adjudication hearing procedure.   JUSTIFICATION: Westchester County has requested this bill to prosecute and settle violations of local law, codes and ordinances. The nature of the infrac- tions often involves purely civil violations that could be resolved more expeditiously and efficiently in an administrative forum. Currently, New York State law allows such administrative adjudication hearings in specific cities, including Yonkers, Syracuse, Buffalo and Huntington under General Municipal Law § 380. Administrative adjudi- cation hearing procedures were permitted in those cases because the courts were overburdened and the civil violations of local ordinances and codes could be better resolved in an administrative forum. Similar- ly, in this bill, the county law is being amended with an equivalent goal, to increase efficiency of time and resources, including reducing the costs to the county of enforcing fines.   PRIOR LEGISLATIVE HISTORY: A.1214 of 2021 and 2022 referred to local governments. Same as S.1139 of 2021 and 2022, referred to local governments. A.4073 of 2019 and 2020 referred to local governments. Same as S.4223 of 2019 and 2020, passed senate in 2019, referred to local governments in 2020.   FISCAL IMPLICATIONS: By improving enforcement of county codes and ordinance violations, increased revenues would occur.   EFFECTIVE DATE: This act shall take effect immediately.
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A00326 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           326
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 4, 2023
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Local Governments
 
        AN  ACT  to  amend the general municipal law, in relation to local civil
          administrative enforcement procedures in the county of Westchester
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision 3 of section 380 of the general municipal law
     2  is amended by adding a new subdivision 7 to read as follows:
     3    7. The county of Westchester may adopt a  local  law  establishing  an
     4  administrative  adjudication  hearing  procedure under the provisions of
     5  this article for all code and ordinance violations  relating  to  condi-
     6  tions  which  constitute a threat or danger to the public health, safety
     7  or welfare.
     8    § 2. This act shall take effect immediately.
 
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02145-01-3
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