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.
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.
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
