[HISTORY: Adopted by the City Council of the City of Yonkers 12-8-2015 by L.L. No. 23-2015. Amendments noted where applicable.]
GENERAL REFERENCES
[1]
Editor's Note: Former Ch. 19, Bureau of Administrative Adjudication,
adopted 10-22-2013 by L.L. No. 7-2013, was repealed 6-10-2014 by L.L.
No. 8-2014. See now Charter Article VIA.
For the purposes of this chapter, the terms used herein are
defined as follows:
The Director of the Office of Licensing, who is also referred to as the Consumer Protection Officer in Article IIIA of the Charter, and shall include the designee of the Director, unless otherwise provided.
The Office of Licensing of the City of Yonkers.
A.
Whenever an offense or violation is committed or a matter regarding the suspension or revocation of a license or permit, under any provision of Chapters 20 through Chapter 31 of the Yonkers City Code, one or more of the following enforcement actions may be commenced by the Director:
(1)
An appearance ticket may be issued.
(2)
An administrative enforcement proceeding may be commenced, as authorized in this chapter or Chapter 59 and civil penalties may be assessed or a license or permit may be suspended, canceled or revoked.
(3)
A criminal action may be commenced by the Corporation Counsel in
a court of competent jurisdiction seeking fines, imprisonment or both.
(4)
A civil action may be commenced in a court of competent jurisdiction
seeking civil penalties, an injunction to compel compliance or restrain
violations, or both, and in association therewith imposition of any
other relief allowed by law, including but not limited to attorney's
fees and costs.
B.
Use or commencement of any enforcement action or remedy authorized in Subsection A of this section shall not preclude the use of any other enforcement action or remedy at any time. Nothing in this section shall require a commencement of any administrative code enforcement proceeding prior to the issuance of an appearance ticket or commencement of a civil or criminal action in a court of competent jurisdiction.
C.
D.
Notwithstanding the provisions of this section and the remainder of this chapter, the Fire Department, the Department of Housing and Buildings and the Bureau of Plumbing may enforce violations of Chapters 20 through 31 relating to fire safety, building safety and plumbing safety, respectively. The procedures set forth in Chapter 55, Fire and Building Code, shall govern enforcement by the Fire Department, Department of Housing and Buildings and Plumbing Bureau.
Administrative enforcement shall be commenced by issuance of a notice of violation; a notice of license, permit, approval or certificate revocation or suspension; any other notice or order authorized in Chapter 20 through Chapter 31 of the Yonkers City Code or any combination of the foregoing. Any issue related to the approval, revocation, suspension, denial or disciplining related to a permit, license or certificate issued by the Department of Licensing shall be handled by the Department of Licensing unless the Director rules otherwise. All matters regarding the contents of the notice or order and its service shall be in accordance with Chapter 59 of the City Code.
A.
The Office may schedule one or more hearings regarding matters raised
in a notice or order. Such hearing may be set without need of any
request for a hearing. Unless notice of the hearing was provided when
the administrative code enforcement process was commenced, reasonable
advance written notice of the hearing shall be provided by first class
mail, registered or certified mail, return receipt requested or by
any other method authorized by the New York Civil Practice Law and
Rules.
B.
Hearings may be consolidated on one or more notices or orders. Hearings
may be rescheduled, at the discretion of the Director, for good cause
shown.
C.
At the hearing, persons, including City employees and representatives
of the Office, may present testimony and other information regarding
the matters raised in the notice or order. The rules of evidence do
not apply.
D.
Subpoenas may be issued, upon the prior approval of the Corporation
Counsel, to compel attendance and testimony of witnesses and production
of documents or other information or records. A subpoena shall be
served and enforced as provided in the New York Civil Practice Law
and Rules relating to enforcement of a subpoena issued by a board
or committee.
E.
If no person against whom enforcement is sought appears at the hearing,
the hearing may proceed solely on information and evidence submitted
by the Office.
F.
Appropriate enforcement shall be ordered in writing after one or
more hearings. Such order may mandate appropriate corrective action;
may mandate compliance with applicable requirements; may revoke or
suspend a license, approval, permit or certificate; may impose civil
penalties; and may address other matters as are necessary to properly
conclude the administrative enforcement proceeding.
G.
Any hearing pursuant to which civil penalties may be levied shall
be conducted by an Administrative Law Judge in the Bureau of Administrative
Adjudication.
H.
For good cause shown, in the discretion of the Director, the time
to complete corrective or remedial action or code enforcement may
be extended.
I.
All orders shall be mailed or otherwise delivered to the parties
who appeared at the hearing.
J.
In each final decision or order, the appeal rights of those person
aggrieved shall be stated.
A.
Civil penalties may be imposed by the Administrative Law Judge after
a hearing.
B.
An action for civil penalties or to enforce the administrative imposition
of civil penalties may be commenced in a court of competent jurisdiction
by itself or in conjunction with any other civil remedy available
to the City. The City's action may seek an award for attorney's
fees, costs, expenses and disbursements.
C.
When the City obtains a judgment in an action for civil penalties
as authorized in this action, in addition to the appropriate methods
of enforcement of the judgment established in the New York City Civil
Practice Law and Rules, such judgment may be enforced by the Yonkers
City Code.
Applicants for licenses or permits under any chapter of the
Consumer Protection Code must have background checks and be fingerprinted.
This finding is in accordance with the Code of the City of Yonkers.
Fingerprint cards will be prepared for the applicant by the Yonkers
Police Department or other entity to perform the fingerprinting for
identification processing. Two sets of the cards will be forwarded
to the Director of the Office of Licensing or his or her designee.
The cards and any applicable fees will then be forwarded to the New
York State Division of Criminal Justice Services (DCJS) for processing.
The criminal history records processed by the DCJS concerning the
applicants shall be submitted to the Director or his or her designee,
for review and consideration of the contents of those records and
whether the applicants are eligible for said licenses or permit. If
the information received indicates that there is a pending criminal
offense that would require a disqualification, the prospective applicant
shall forward documentation to the Director evidencing the disposition
of such offense in accordance with the procedures established by the
Director. If an individual has been convicted of committing any crime,
his or her application will be disqualified. Upon a determination
of disqualification, the Director or his or her designee shall notify
the applicant of said determination. Said notice shall include information
regarding the right to appeal and contest any claimed ground for disqualification
in accordance with the procedures established by the Director. All
determinations will be made in accordance with Article 23-A of the
Corrections Law. Any challenge to the information contained in the
criminal records provided by the DCJS shall be conducted in accordance
with the applicable DCJS rules and regulations. The Director shall
establish all procedures necessary for the implementation of the process
for any appeal.
Unless otherwise authorized by federal or state law, rule or
regulation, or specifically authorized by that chapter of the Consumer
Protection Code, any applicant for a license or permit under any chapter
of the Consumer Protection Code must be 18 years of age on the date
of the submission of the application.
