NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9650A
SPONSOR: Jacobson TITLE OF BILL:
An act to amend the general municipal law, in relation to establishing
an administrative adjudication hearing procedure for code and ordinance
violations for the city of Newburgh
PURPOSE OR GENERAL IDEA OF BILL:
To authorize local civil administrative enforcement procedures in the
City of Newburgh for code and ordinance violations other than building
code violations.
SUMMARY OF PROVISIONS:
Section 1 amends section 380 of the General Municipal Law by adding a
new subdivision 6 that authorizes the City of Newburgh to adopt a local
law that establishes an administrative adjudication hearing procedure
for all code and ordinance violations relating to conditions which
constitute a threat or danger to public health, safety, or welfare to
the residents of the City of Newburgh other than violations of the
building code of the City of Newburgh..
Section 2 sets forth the effective date which is immediately.
JUSTIFICATION:
This legislation will allow the City of Newburgh to establish an admin-
istrative adjudication hearing procedure for code and ordinance
violation relating to conditions which constitute a threat or danger to
public health, safety, or welfare violations other than building code
violations. This bill would cover sanitation and garbage violations and
other matters.
This bill would enable the City of Newburgh to set up an administrative
adjudication procedure which is authorized now under Section 380 of the
General Municipal for the cities of Yonkers and Syracuse and the towns
of Huntington, Babylon and East Hampton.
These violations generally involve purely civil violations that could be
better and more expeditiously resolved in an administrative forum. The
goal is to free up the resources of Newburgh City Court for the prose-
cution of the most serious building code and ordinance violations along
with its usual heavy calendar of criminal and civil litigation.
PRIOR LEGISLATIVE HISTORY:
None. New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
No fiscal implications for the State. The City of Newburgh would proba-
bly gain revenues once The program is established.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9650--A
IN ASSEMBLY
March 28, 2022
___________
Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
tee on Cities -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the general municipal law, in relation to establishing
an administrative adjudication hearing procedure for code and ordi-
nance violations for the city of Newburgh
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 380 of the general municipal law is amended by
2 adding a new subdivision 6 to read as follows:
3 6. The city of Newburgh may adopt a local law establishing an adminis-
4 trative adjudication hearing procedure under the provisions of this
5 article for all code and ordinance violations relating to conditions
6 which constitute a threat or danger to the public health, safety or
7 welfare, provided, however, that such administrative adjudication hear-
8 ing procedure shall not apply to violations of the building code of the
9 city of Newburgh.
10 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14969-02-2
