There is hereby created an administrative tribunal to be known as the "Board of Administrative Adjudication" which will have jurisdiction to hear and determine charges of municipal code violations that affect the quality of life of the residents of Yonkers or may constitute a threat or danger to the public health, safety or welfare. The Board shall not hear or determine charges resulting from violations of Part
VI of the Yonkers City Code entitled "Fire and Buildings" or any violation which includes imprisonment as a penalty, such as any unclassified Yonkers City Code misdemeanor(s).
The head of such Board of Administrative Adjudication shall
be the Chief ALJ who shall have all the powers of an administrative
law judge conferred by § 381 of Article 14-BB of the eneral
Municipal Law and shall perform all duties specified thereunder.
The Board of Administrative Adjudication shall have the following
functions, powers and duties:
A. To accept pleas and to hear and determine charges of code and statutory
violations that affect the quality of life of the residents of Yonkers
or constitute a threat or danger to the public health, safety or welfare.
Further, the Board may conduct hearings on diverse matters, including,
without limitation, excessive avoidable alarms and/or any other fee
disputes that the Chief ALJ deems appropriate.
B. To provide for penalties other than imprisonment for code or statutory violations in accordance with §
1-21 of the City Code; provided, however, that monetary penalties shall not exceed the maximum amount allowed by the City Code.
C. To adopt rules and regulations, not inconsistent with any applicable
provision of law, to carry out the purposes of Article 14-BB of the
General Municipal Law, including but not limited to rules and regulations
prescribing the internal procedures and organization of the bureau,
the manner and time of entering pleas, the conduct of hearings and
the amount and manner of payment of fines.
D. To issue subpoenas to compel the attendance of persons to give testimony
at hearings and to compel the production of relevant records, books,
papers and other materials.
E. To enter judgments of the Board.
F. To answer within a reasonable period of time all relevant and reasonable
inquires made by either a person charged with a municipal code or
statutory violation or his or her attorney concerning the notice of
violation served on that person. The Board must also furnish the person
charged, upon his or her request, a copy of the original notice of
violation. Failure to comply with the provisions of this subsection
within 30 days of such request, forwarded to the Board by certified
or registered mail, return receipt requested, shall result in an automatic
dismissal of all charges relating to that particular notice of violation
upon the request of the respondent.
G. To have at least one administrative appeals panel consisting of three
ALJs that will hear appeals from a determination made by any ALJ.