Requires the sanitation department of the city of New York to provide owners, lessees or persons in charge of a premises at which a violation of the city solid waste disposal law is alleged to have occurred with a photograph of the materials, condition or situation constituting the violation.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A244
SPONSOR: Eichenstein TITLE OF BILL:
An act to amend the administrative code of the city of New York, in
relation to requiring the sanitation department of the city of New York
to provide owners, lessees or person in charge of a premises at which a
violation of the city solid waste disposal law is alleged to have
occurred with a photograph of the materials, condition or situation
constituting the violation
PURPOSE OR GENERAL IDEA OF BILL:
Requires the sanitation department of the city of New York to provide a
photograph of the materials, condition or the situation alleged to
constitute the violation.
SUMMARY OF PROVISIONS:
Section 1 adds a requirement to the administrative code of the city of
New York that would require violations to be accompanied by a photograph
taken by the enforcement agent of the condition on the property that led
to the sanitation ticket's issuance.
Section 2 sets forth the effective date.
JUSTIFICATION:
This provision would enable residents to have a photo of the conditions
on their property that led to a New York City Department of Sanitation
violation. It would also simplify the appeals process with the Environ-
mental Control Board. The administrative judge would have a date stamped
photograph to review while considering the property owner's appeal.
PRIOR LEGISLATIVE HISTORY:
2022: A2378 - Referred to cities
2019: A.07298 - Referred to cities
2017: A.5623 - Referred to cities
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.
STATE OF NEW YORK
________________________________________________________________________
244
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. EICHENSTEIN -- read once and referred to the
Committee on Cities
AN ACT to amend the administrative code of the city of New York, in
relation to requiring the sanitation department of the city of New
York to provide owners, lessees or person in charge of a premises at
which a violation of the city solid waste disposal law is alleged to
have occurred with a photograph of the materials, condition or situ-
ation constituting the violation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision d of section 16-324 of the administrative code
2 of the city of New York, as amended by local law number 142 of the city
3 of New York for the year 2013, is amended to read as follows:
4 d. Any notice of violation or notice of hearing for a violation issued
5 to the owner, net lessee or person in charge of a premises or to a food
6 service establishment, mobile food commissary, store, or manufacturer,
7 as those terms are defined in section 16-329 of this chapter, at which
8 or by whom a violation of this chapter or any rule promulgated pursuant
9 thereto is alleged to have occurred or to have been committed shall be
10 served by delivering a copy of the notice thereof at the address main-
11 tained in the records of the department of housing preservation and
12 development, the department of finance, or the department of health and
13 mental hygiene. The notice of violation or notice of hearing may be
14 served by regular mail or in accordance with section one thousand
15 forty-nine-a of the charter or, if such notice is served by an agency
16 other than the department, in accordance with the rules of such agency.
17 Any notice of violation or notice of hearing for a violation issued to
18 the owner, net lessee or person in charge of a premises at which a
19 violation of this chapter or any rule promulgated pursuant thereto is
20 alleged to have occurred shall be accompanied by a photograph, taken by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00125-01-3
A. 244 2
1 a uniformed member of the department of sanitation, of the materials,
2 condition or situation constituting the alleged violation. A copy of
3 the photograph shall be either: 1. printed with the ticket at the time
4 the ticket is issued; or 2. accessible online at the city of New York's
5 website within forty-eight hours of the time of issuance of the ticket.
6 § 2. This act shall take effect on the one hundred eightieth day after
7 it shall have become a law.
