L.L. 1990/023

Enactment date: 6/7/1990

Int. No. 415-A

By Council Members Leffler, the Speaker (Council Member Vallone) and Crispino, (By Request of the Mayor); Alter, Michels, Eisland, Robles and McCaffrey; also Council Members Castaneira-Colon, Eldridge, Friedlander, Gerges, Greitzer, Harrison, Katzman, Povman, Pinkett, Rivera, Spigner, Ward and Dryfoos

A Local Law to amend the administrative code of the city of New York, in relation to increasing the powers of the fire commissioner and buildings commissioner to abate public nuisances, and increasing the penalties for violations of such commissioners' orders with respect to such public nuisances

Be it enacted by the Council as follows:

Section 1. Declaration of legislative intent. The council finds that the failure to comply with building code and fire prevention code requirements on the part of many establishments in the city continues to pose a serious threat to the health, safety and welfare of the city's residents and visitors and is perilous to property. The critical nature of this problem was evidenced by the recent fire at an illegal social club in The Bronx in which eighty-seven people died. The council recognizes that disregard of building and fire prevention code requirements is not limited to illegal social clubs: factories, offices, day care and senior citizen centers and other nonresidential places used for commercial or profit-generating purposes are all equally likely to have violations that would be perilous to their occupants.

The council finds that the issuance of a vacate order against premises found to be in a condition that is dangerous to life, which has been the enforcement mechanism most often employed by the buildings and fire departments, has not been sufficient to prevent the persistence of such hazardous conditions. This was demonstrated by the fact that the social club at which the recent tragic fire occurred had been ordered vacated sixteen months earlier, and although the various building code violations on the premises had not been corrected, it continued to operate. The council finds that in order to rectify this situation, the commissioners of the department of buildings and fire department must have discretion to immediately seal, secure and close as well as vacate such premises which are found to be in a condition imminently perilous to life and property. In addition, the council finds that the owners of such premises which are padlocked must be required to certify that before such premises are again occupied, the violations in question will be cured, and any false statement in such certification must subject the owner to substantial civil penalties. In addition, the council finds that any person who reopens premises in violation of an outstanding vacate order or padlock must be subject to substantial civil and criminal penalties. The council further finds that mortgagees of premises that have been ordered vacated or padlocked must be notified of such order so that they can exercise any rights to prevent the illegal use of the premises that they may have under the mortgage agreement.

The council also finds that the sanctions available against persons who fail to comply with orders to vacate have hot adequately deterred such violations. The council finds that the gravity of this problem is of sufficient magnitude to warrant a substantial increase in the amount of the civil penalty which may be imposed in the case of such failure to comply, up to a maximum of one million dollars for each person injured. The council intends that the maximum penalty be imposed only in the case of the most egregious and flagrant situations, where there is a showing of extensive and severe injuries caused by the willful or reckless conduct of the violator, a substantial history of violations by such violator, and a demonstration that such penalty is commensurate with the violator's financial resources.

It is the intention of the council to provide the fire and buildings departments with a broad array of enforcement tools to close, and keep closed, dangerous buildings and places. The enforcement tools and remedies contained in this local law are intended to be used, to the extent practicable, in conjunction with each other, and are not intended to be mutually exclusive.

The council also finds that there are many not-for-profit civic, cultural, recreational and social groups and organizations that play a vital role in the lives of this city's neighborhoods and communities. These groups are often located in buildings that fail to fully comply with building code and fire prevention code requirements. This is often due to a variety of factors such as their inability to compel landlords to make necessary repairs or a lack of understanding with respect to the city's requirements. In recognition of the importance of these organizations to the city, the council deems it appropriate to create a temporary commission to examine the problems faced by such groups and to make recommendations as to how these organizations can be assisted to enable them to comply with the law.

§ 2. Temporary commission on social clubs.

   a.   There is hereby established a temporary commission on social clubs consisting of ten members. The mayor shall appoint five members, one of whom shall serve as chairperson, and the speaker of the council shall appoint five members. Such commission shall have a duration of nine months. The members of the commission shall be appointed within thirty days of the effective date of this section. Each member shall serve without compensation for the duration of the commission.

   b.   The commission may appoint an executive director to serve at its pleasure and may employ or retain such other employees and consultants as are necessary to fulfill its functions, within appropriations for such purposes.

   c.   Within six months of the appointment of the last member of the commission, the commission shall issue an interim report to the mayor and the council. The interim report shall make specific recommendations with respect to the areas listed below and shall include an assessment of the fiscal implications of such recommendations:

      1.   Methods to enable local, non-profit, civic, cultural, recreational and social groups and organizations to comply with applicable building code and fire prevention code requirements.

      2.   Identification of all local, non-profit, civic, cultural, recreational and social groups and organizations located in city-owned buildings; cost of bringing such premises into compliance where building code and/or fire prevention code violations exist.

      3.   Creation of a central city office to coordinate assistance and respond to problems experienced by local, non-profit, civic, cultural, recreational and social groups and organizations in working with city agencies, and to implement the recommendations of the temporary commission on social clubs.

      4.   Provision of in-depth, multi-language information, explaining licensing requirements and process, regulatory standards and penalties for failure to comply with same.

      5.   Methods to provide technical assistance necessary for code compliance.

      6.   Methods to relocate local, non-profit, civic, cultural, recreational and social groups and organizations to locations that are in compliance with the building code and fire prevention code.

      7.   The need, if any, to amend existing provisions of law to promote the continued, safe operation of local, non-profit, civic, cultural, recreational and social groups and organizations.

      8.   The need, if any, to explore procedures pursuant to which the city could undertake to cure building and fire prevention code violations in both city and non-city owned properties and recover the cost of such repairs from the property owner.

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[Consolidated provisions are not included in this Appendix A]

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§ 12. This local law shall take effect thirty days after it shall have been enacted into law.