Bill Text: NY A09411 | 2013-2014 | General Assembly | Introduced


Bill Title: Provides that owners of real property in the city of New York shall designate the address or addresses where such owner receives their daily or regular mail upon registration of such property with the city's department of finance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-04-29 - referred to cities [A09411 Detail]

Download: New_York-2013-A09411-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9411
                                 I N  A S S E M B L Y
                                    April 29, 2014
                                      ___________
       Introduced by M. of A. CRESPO -- 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 the registration of property and  designation  of  mailing
         address or addresses
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The administrative code of the city of New York is  amended
    2  by adding a new section 11-309.1 to read as follows:
    3    S  11-309.1  REGISTRATION OF PROPERTY.  A. THE OWNER OF ANY LOT, PIECE
    4  OR PARCEL OF LAND IN THE CITY OF NEW YORK MUST REGISTER  SUCH  PROPERTY,
    5  TOGETHER  WITH  THE SECTION, BLOCK AND LOT NUMBER THEREOF, OR SUCH OTHER
    6  IDENTIFYING INFORMATION AS AT THE TIME IS ESTABLISHED BY THE  DEPARTMENT
    7  OF FINANCE, AND A STATEMENT OF THE APPLICANT'S INTEREST THEREIN, TOGETH-
    8  ER  WITH  A  WRITTEN  REQUEST  THAT SUCH LOT, PIECE OR PARCEL OF LAND BE
    9  REGISTERED IN THE NAME OF THE APPLICANT.  IN SUCH STATEMENT  THE  APPLI-
   10  CANT  SHALL  DESIGNATE  AN  ADDRESS  TO WHICH OFFICIAL NOTIFICATIONS AND
   11  CORRESPONDENCE SHALL BE MAILED TO,  SUCH  ADDRESS  SHALL  BE  WHERE  THE
   12  APPLICANT    RECEIVES  THEIR DAILY OR REGULAR MAIL. SUCH APPLICANT SHALL
   13  HAVE THE OPTION OF DESIGNATING A SECOND ADDRESS TO WHICH COPIES  OF  ALL
   14  OFFICIAL  NOTIFICATIONS  AND  CORRESPONDENCE  SHALL BE MAILED.   A BRIEF
   15  DESCRIPTION OF SUCH LOT, PIECE OR PARCEL OF LAND  CORRESPONDING  TO  THE
   16  DESCRIPTION THEREOF IN THE STATEMENT SO FILED, TOGETHER WITH THE NAME OF
   17  THE  APPLICANT  AND  HIS  OR HER DESIGNATED ADDRESS OR ADDRESSES AND THE
   18  DATE OF SUCH APPLICATION, SHALL THEREUPON BE REGISTERED IN  THE  DEPART-
   19  MENT OF FINANCE.
   20    B.  THE  COMMISSIONER  OF FINANCE OR HIS OR HER DESIGNEE SHALL FOR THE
   21  PURPOSE OF THIS SECTION PROVIDE APPROPRIATE RECORDS FOR EACH SECTION  OF
   22  THE  CITY,  INCLUDED  WITHIN  THE RESPECTIVE BOROUGHS, AS THE SAME SHALL
   23  APPEAR UPON THE TAX MAPS OF THE CITY.
   24    S 2. Subdivisions a and b of section 11-312 of the administrative code
   25  of the city of New York, as amended by local law number 26 of  the  city
   26  of New York for the year 1996, are amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00563-01-3
       A. 9411                             2
    1    a. One-half (i) the uniform annual water charges and extra and miscel-
    2  laneous  charges  for  water not metered and (ii) annual service charges
    3  shall become due and payable, in advance if entered  on  January  first,
    4  nineteen  hundred  seventy-four for the period commencing January first,
    5  nineteen  hundred  seventy-four  and  ending  June  thirtieth,  nineteen
    6  hundred seventy-four.  Commencing on June  thirtieth,  nineteen  hundred
    7  seventy-four,  uniform  annual water charges and extra and miscellaneous
    8  charges for water not metered and annual service charges  shall  be  due
    9  and  payable  in  advance  on the thirtieth day of June in each year, if
   10  entered. If any of such rents and charges which become due  and  payable
   11  on or before June thirtieth, nineteen hundred seventy-six shall not have
   12  been  paid  to  the commissioner of finance or his or her designee on or
   13  before the last day of the month following the month of entry, it  shall
   14  be  the  duty  of  the commissioner of finance or his or her designee to
   15  charge, collect and receive interest thereon to  be  calculated  at  the
   16  rate of seven percent per annum from the date when such rents and charg-
   17  es  became  due  and  payable to December thirty-first, nineteen hundred
   18  seventy-six, and at the rate of fifteen percent per annum  from  January
   19  first,  nineteen hundred seventy-seven to the date of payment. If any of
   20  such rents and charges which shall become due and payable  on  or  after
   21  June  thirtieth,  nineteen  hundred  seventy-seven  are  not paid to the
   22  commissioner of finance or his or her designee on or before the last day
   23  of the month following the month of entry, it shall be the duty  of  the
   24  commissioner  of  finance  or his or her designee to charge, collect and
   25  receive interest thereon to be calculated at the rate of fifteen percent
   26  per annum from the date when such rents and charges became due and paya-
   27  ble to the date of payment. If not so entered and payable,  but  entered
   28  at  any  time  subsequent  thereto,  they  shall be due and payable when
   29  entered and notice thereof shall be mailed  within  five  days  of  such
   30  entry  to  the  [premises  against  which  they are imposed addressed to
   31  either the owner or the occupant and] OWNER  OF  SUCH  PREMISES  AT  THE
   32  ADDRESS  OR ADDRESSES REGISTERED WITH THE DEPARTMENT OF FINANCE PURSUANT
   33  TO SECTION 11-309.1 OF THIS CHAPTER, if entered on  or  before  December
   34  thirty-first, nineteen hundred seventy-six but not paid on or before the
   35  last day of the month following the month of entry, it shall be the duty
   36  of the commissioner of finance or his or her designee to charge, collect
   37  and  receive  interest  thereon  to  be  calculated at the rate of seven
   38  percent per annum from the date of entry to December thirty-first, nine-
   39  teen hundred seventy-six, and at the rate of fifteen percent  per  annum
   40  from  January  first,  nineteen  hundred  seventy-seven  to  the date of
   41  payment; if entered on or after January first, nineteen  hundred  seven-
   42  ty-seven  but  not paid on or before the last day of the month following
   43  the month of entry, it shall be the duty of the commissioner of  finance
   44  or  his  or her designee to charge, collect and receive interest thereon
   45  to be calculated at the rate of fifteen percent per annum from the  date
   46  of entry to the date of payment.
   47    b. All charges for meters and their connections and for their setting,
   48  repair  and  maintenance, and all charges in accordance with meter rates
   49  for supply of water measured by meter, including minimum charges for the
   50  supply of water measured  by  meter,  shall  be  due  and  payable  when
   51  entered,  and  notice  thereof  shall be mailed within five days of such
   52  entry stating the amount due and the nature of the rent or charge to the
   53  [last known address of the person whose name appears on  the  record  of
   54  such  rents  and charges as being the owner, occupant or agent or, where
   55  no name appears] OWNER OF SUCH PREMISES  AT  THE  ADDRESS  OR  ADDRESSES
   56  REGISTERED  WITH  THE DEPARTMENT OF FINANCE PURSUANT TO SECTION 11-309.1
       A. 9411                             3
    1  OF THIS CHAPTER, AND to the premises addressed to either  the  owner  or
    2  the  occupant,  and if entered on or before December thirty-first, nine-
    3  teen hundred seventy-six but not paid on or before the last day  of  the
    4  month  following the month of entry, it shall be the duty of the commis-
    5  sioner of finance or his or her designee to charge, collect and  receive
    6  interest thereon to be calculated at the rate of seven percent per annum
    7  from the date of entry to December thirty-first, nineteen hundred seven-
    8  ty-six, and at the rate of fifteen percent per annum from January first,
    9  nineteen  hundred seventy-seven to the date of payment; if entered on or
   10  after January first, nineteen hundred seventy-seven but not paid  on  or
   11  before  the  thirtieth  day following the date of entry, it shall be the
   12  duty of the commissioner of finance or his or her  designee  to  charge,
   13  collect  and  receive  interest  thereon to be calculated at the rate of
   14  fifteen percent per annum from the date of entry to the date of payment.
   15    S 3. Subdivisions b and c of section 11-313 of the administrative code
   16  of the city of New York, as amended by local law number 26 and  subdivi-
   17  sion  b  as separately amended by local law number 59 of the city of New
   18  York for the year 1996, are amended to read as follows:
   19    b. The sewer rents charged against metered premises in accordance with
   20  the provisions of paragraphs two and three of subdivision b  of  section
   21  24-514  of  the  code  and  the  rules duly promulgated pursuant to such
   22  section, including the minimum rents for the use of  the  sewer  system,
   23  charged  pursuant to such section and rules, and the sewer rents charged
   24  against any premises in accordance with  the  provisions  of  paragraphs
   25  four  and  five of subdivision b of section 24-514 of the code and rules
   26  duly promulgated pursuant to such section, including the  minimum  rents
   27  for  the  use  of the sewer system, charged pursuant to such section and
   28  rules shall become due and shall become a charge or lien on the premises
   29  when the amount thereof shall have been fixed  by  the  commissioner  of
   30  environmental  protection,  and  an  entry  thereof shall have been made
   31  against such premises with the date of such entry, in the book in  which
   32  sewer  rents are to be entered. The sewer surcharges charged against any
   33  premises pursuant to section 24-523 of the code  shall  become  due  and
   34  shall  become  a  charge or lien on the premises when the amount thereof
   35  shall have been fixed by the commissioner  of  environmental  protection
   36  and  an  entry thereof shall have been made against such premises in the
   37  book in which sewer surcharges are to  be  entered.  A  notice  thereof,
   38  stating  the  amount due and the nature of the rent, surcharge or charge
   39  shall be mailed, within five days after such entry, to the  [last  known
   40  address  of the person whose name appears upon the records in the office
   41  of the department of finance as being the owner, occupant or  agent  or,
   42  where  no name appears, to the premises addressed to either the owner or
   43  the occupant] OWNER OF SUCH PREMISES AT THE ADDRESS OR ADDRESSES  REGIS-
   44  TERED  WITH  THE  DEPARTMENT  OF FINANCE PURSUANT TO SECTION 11-309.1 OF
   45  THIS CHAPTER.  If such rent, surcharge or charge shall have been entered
   46  on or before December thirty-first, nineteen hundred seventy-six but not
   47  paid on or before the last day of  the  month  following  the  month  of
   48  entry, it shall be the duty of the commissioner of finance or his or her
   49  designee  to  charge,  collect and receive interest thereon to be calcu-
   50  lated at the rate of seven percent per annum from the date of  entry  to
   51  December  thirty-first, nineteen hundred seventy-six, and at the rate of
   52  fifteen percent per annum from January first, nineteen hundred  seventy-
   53  seven  to  the  date  of  payment; if entered on or after January first,
   54  nineteen hundred seventy-seven but not paid on or before  the  thirtieth
   55  day following the date of entry, it shall be the duty of the commission-
   56  er  of  finance  or  his  or her designee to charge, collect and receive
       A. 9411                             4
    1  interest thereon to be calculated at the rate  of  fifteen  percent  per
    2  annum from the date of entry to the date of payment. The rents or charg-
    3  es  for  the use of the sewer system charged during any specified period
    4  of time pursuant to the provisions of section 24-514 of the code and the
    5  rules  promulgated  thereunder shall be computed, in accordance with the
    6  provisions of such section and the rules duly promulgated thereunder, on
    7  the basis of water rents or charges computed for the same period.
    8    c. Sewer rents charged against unmetered premises in  accordance  with
    9  the  provisions  of paragraphs two and three of subdivision b of section
   10  24-514 of the code and the  rules  duly  promulgated  pursuant  to  such
   11  section,  for  the  use  of  the sewer system during the one-year period
   12  commencing on the first day of July of each year, shall be due and paya-
   13  ble and shall become a charge or lien on the premises on the  first  day
   14  of  January  following  such  first day of July, if entered, except that
   15  commencing on June thirtieth, nineteen hundred seventy-four  such  sewer
   16  rents  shall  be due and payable in advance on the thirtieth day of June
   17  in each year, if entered, and shall become a charge or lien on the prem-
   18  ises on such date. If any of such rents or charges which became due  and
   19  payable  on or before June thirtieth, nineteen hundred seventy-six shall
   20  not have been paid to the commissioner of finance or his or her designee
   21  within thirty days after such first day of January,  or,  commencing  on
   22  the  thirtieth  day of June, nineteen hundred seventy-four, on or before
   23  the last day of the month following the month of entry, it shall be  the
   24  duty  of  the  commissioner of finance or his or her designee to charge,
   25  collect and receive interest thereon to be calculated  at  the  rate  of
   26  seven  percent  per annum from the date when such charges became due and
   27  payable to December thirty-first, nineteen hundred seventy-six,  and  at
   28  the  rate  of  fifteen  percent  per  annum from January first, nineteen
   29  hundred seventy-seven to the date of payment. If any of  such  rents  or
   30  charges  which  shall become due and payable on or after June thirtieth,
   31  nineteen hundred seventy-seven are  not  paid  to  the  commissioner  of
   32  finance  or  his  or her designee on or before the last day of the month
   33  following the month of entry, it shall be the duty of  the  commissioner
   34  of  finance or his or her designee to charge, collect and receive inter-
   35  est thereon to be calculated at the rate of fifteen  percent  per  annum
   36  from  the  date when such rents or charges became due and payable to the
   37  date of payment. If not so entered and payable, but entered at any  time
   38  subsequent  thereto,  they  shall  be due and payable and shall become a
   39  charge or lien on the premises when entered and notice thereof shall  be
   40  mailed  within five days after such entry, to the [last known address of
   41  the person whose name appears upon the  records  in  the  department  of
   42  finance  as  the  owner  or the occupant or if no name appears] OWNER OF
   43  SUCH PREMISES AT THE ADDRESS OR ADDRESSES REGISTERED WITH THE DEPARTMENT
   44  OF FINANCE PURSUANT TO SECTION 11-309.1 OF  THIS  CHAPTER,  AND  to  the
   45  premises addressed to either the owner or occupant. If any of such rents
   46  or  charges which were entered on or before December thirty-first, nine-
   47  teen hundred seventy-six but not paid on or before the last day  of  the
   48  month  following the month of entry, it shall be the duty of the commis-
   49  sioner of finance or his or her designee to charge, collect and  receive
   50  interest thereon to be calculated at the rate of seven percent per annum
   51  from the date of entry to December thirty-first, nineteen hundred seven-
   52  ty-six, and at the rate of fifteen percent per annum from January first,
   53  nineteen  hundred seventy-seven to the date of payment; if entered on or
   54  after January first, nineteen hundred seventy-seven but not paid  on  or
   55  before  the last day of the month following the month of entry, it shall
   56  be the duty of the commissioner of finance or his  or  her  designee  to
       A. 9411                             5
    1  charge,  collect  and  receive  interest thereon to be calculated at the
    2  rate of fifteen percent per annum from the date of entry to the date  of
    3  payment.  The sewer rents charged against unmetered premises for the use
    4  of  the  sewer system during the one-year period commencing on the first
    5  day of July of each year  shall  be  computed  in  accordance  with  the
    6  provisions  of section 24-514 of the code and the rules duly promulgated
    7  thereunder, upon the basis of water rents or charges  computed  for  the
    8  same period.
    9    S  4.  Section  11-314  of  the administrative code of the city of New
   10  York, as amended by local law number 59 of the city of New York for  the
   11  year 1996, is amended to read as follows:
   12    S  11-314  Notice  of  rules  and regulations; penalty for nonpayment;
   13  water supply cut off. The rates and charges for  supply  of  water,  the
   14  annual  service  charges and minimum charges, the sewer rents, the sewer
   15  surcharges, the rules and regulations concerning the use of  water,  all
   16  other  rules  and  regulations  affecting  users  of water or concerning
   17  charges for supply of water, restrictions of the use of water, installa-
   18  tion of  meters,  and  all  rules  and  regulations  affecting  property
   19  connected  with  the sewer system, penalties and fines for violations of
   20  rules and regulations shall be printed on each bill and permit so far as
   21  in the judgment of the commissioner of environmental protection they are
   22  applicable. This section and such printing  and  the  printing  of  this
   23  section  on such bills and permits shall be sufficient notice to owners,
   24  tenants or occupants of premises to authorize the imposition and  recov-
   25  ery  of  any  charges, surcharges and fines imposed under such rules and
   26  regulations and of any penalties imposed in pursuance of this chapter in
   27  addition to cutting off the supply of water. Where water charges payable
   28  in advance or sewer rents or charges payable as provided in  subdivision
   29  c  of  section  11-313  of  this chapter, are not paid within the period
   30  covered by such charges or rents, and a notice  of  such  nonpayment  is
   31  mailed  by  the  commissioner  of  finance to the [premises addressed to
   32  "owner or occupant,"] OWNER OF SUCH PREMISES AT THE ADDRESS OR ADDRESSES
   33  REGISTERED WITH THE DEPARTMENT OF FINANCE PURSUANT TO  SECTION  11-309.1
   34  OF  THIS  CHAPTER, the commissioner of environmental protection may shut
   35  off the supply of water to such premises. Where water charges not  paya-
   36  ble  in  advance  or sewer rents, sewer surcharges or charges payable as
   37  provided in subdivisions b and d of section 11-313 of this chapter  have
   38  been  made by the department and remain unpaid for more than thirty days
   39  or where the commissioner of environmental protection has certified that
   40  there is a flagrant and continued violation of a provision or provisions
   41  of section 24-523 of the code or of any rule or  regulation  promulgated
   42  pursuant  thereto  or  of any order of the commissioner of environmental
   43  protection issued pursuant thereto, after notice thereof mailed  to  the
   44  [premises  addressed  to "owner or occupant,"] OWNER OF SUCH PREMISES AT
   45  THE ADDRESS OR ADDRESSES  REGISTERED  WITH  THE  DEPARTMENT  OF  FINANCE
   46  PURSUANT  TO SECTION 11-309.1 OF THIS CHAPTER, the commissioner of envi-
   47  ronmental protection may shut off the supply of water to the premises.
   48    S 5. This act shall take effect on the ninetieth day  after  it  shall
   49  have become a law. Effective immediately any rules or regulations neces-
   50  sary for the timely implementation of this act on its effective date are
   51  authorized  and  directed  to  be  made  and completed on or before such
   52  effective date.
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