[HISTORY: Adopted by the City Council of the City of Yonkers 4-23-2024 by Ord. No. 2-2024.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance provided an effective date of 7-1-2024.
A. 
The City of Yonkers finds that individuals and businesses often retain "expeditors" to assist in moving their permit applications through various departments. As opposed to design professionals and attorneys, no special qualifications or expertise are required for persons who provide expediting services.
B. 
The City of Yonkers determines that a registration requirement for expeditors will allow for greater transparency and efficiency in the permitting process. It will also allow the City of Yonkers to hold expeditors accountable and suspend or revoke the registration of expeditors where there is a finding of misconduct by the Director of Licensing or after appeal by the Administrative Law Judge, thereby protecting applicants who avail themselves of expediting services.
C. 
The purpose of this chapter is to establish a registration requirement for expeditors and their employee(s) who engage in expediting activities in the City of Yonkers.
For purposes of this chapter, the following terms, words and phrases shall have the meanings indicated as follows:
DEPARTMENT
A department within the City of Yonkers that accepts and processes an application for the issuance of a permit or other approval by the City of Yonkers, including the filing of an application or requesting or negotiating the approval of such application.
DIRECTOR
The Director of the Office of Licensing, who is also referred to as the "Consumer Protection Officer" in Article VIA of the Charter of the City of Yonkers, and the designee of the Director unless otherwise provided.
EXPEDITING SERVICE
A service which provides assistance in expediting or progressing an application for the issuance of a permit or other approval by a department, including the filing of an application with a department or requesting or negotiating the approval of such application.
EXPEDITOR
Person(s), principal(s) or their employee(s), or self-employed individuals who engage in the business of submitting, filing, requesting, negotiating or otherwise seeking the approval of applications for issuance of permits, or other approvals, including the approval of design and installation documents.
PERSON
Any natural person, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, or other entity or business organization of any kind.
REGISTRANT
Any person who has obtained an expeditor registration certificate from the City of Yonkers in accordance with the provisions of this chapter.
A. 
It shall be unlawful for any person to provide, or offer to provide, expediting services in the City of Yonkers without first obtaining an expeditor registration certificate from the City of Yonkers in accordance with the provisions of this chapter. The certificate of registration is valid only for the specific person to whom it is issued.
B. 
The provisions of this chapter shall not apply to the following person(s):
(1) 
The owner of the premises for which the application is filed, including, and in the case of partnerships or corporations, the general partners or the principal officers of the corporation.
(2) 
The lessee of the premises for which the application is filed, when authorized to do so by the owner of the premises to file the application.
(3) 
Registered architects licensed by the New York State Department of Education.
(4) 
Professional engineers licensed by the New York State Department of Education.
(5) 
Attorneys duly admitted to practice law in the State of New York.
(6) 
Real estate brokers or salespersons licensed by the New York State Department of State.
(7) 
Electricians licensed by the County of Westchester when such application relates to work performed under their license.
(8) 
Plumbers licensed by the County of Westchester when such application relates to work performed under their license.
(9) 
Certified planners who hold a certificate issued by the American Institute of Certified Planners.
(10) 
An agent who is not engaged in providing an expediting service or who is not an expeditor.
A. 
All applications for registration certificates shall be submitted, in writing, on forms furnished by the City of Yonkers and in accordance with any rules and regulations issued by the Director. The application shall be signed under oath. Where a corporation is an applicant, the applications shall be signed under oath by an authorized officer of such corporation.
B. 
An individual applicant must be at least 18 years of age and of good character. The City of Yonkers' Department of Inspector General shall conduct a background investigation for each applicant for a certificate of registration. The results of the background investigation shall then be forwarded to the Director for consideration.
C. 
The Director may deny registration to a person who has been convicted of a criminal offense related to giving or receiving a bribe, giving or receiving unlawful gratuities, official misconduct or other corruption-related acts.
A. 
The initial application fee for an expeditor certificate of registration shall be $210 and the annual renewal fee shall be $50.
(1) 
Each employee of the corporation, unincorporated association, proprietorship, firm, partnership, joint venture, or other entity or business organization shall, before appearing before the City of Yonkers to perform expediting services, be registered pursuant to this chapter.
B. 
Registration certificates shall be valid for a period of one year from the date of issuance.
C. 
No registration certificate shall be assignable or transferable.
D. 
No registrant shall permit or authorize the use of his or her registration certificate by or on behalf of any other person.
E. 
Each registrant shall, within 10 business days after a change of business address, notify the Director, in writing, of such change.
F. 
The Office of Licensing, which is also known as the "Consumer Protection Bureau," shall maintain a list of all registrants.
No expediting service or registrant shall claim or otherwise represent that they are a governmental entity or a part thereof or affiliated with an entity of government.
A. 
The Director shall have the power to impose a civil fine, to suspend or revoke an expeditor registration certificate, or to deny an application to renew an expeditor registration certificate. Prior to taking any such action(s), the Director shall determine the registrant has engaged in one or more of the following:
(1) 
Fraud, deceit, misrepresentation or bribery in securing an expeditor registration certificate.
(2) 
The making of any false statement in an application for an expeditor registration certificate.
(3) 
Violation of any provision of this chapter, any other appropriate law or any rule or regulation promulgated thereunder.
(4) 
Fraud, deceit or misrepresentation in providing expediting services.
B. 
An appeal from the imposition of a civil fine, revocation of an expeditor registration certificate, suspension of an expeditor registration certificate and/or denial of an application to renew any expeditor registration certificate may be taken by the registrant, by written request to the Director, made within 30 days from the date of the imposition of the fine, revocation of the expeditor registration certificate, suspension of the expeditor registration certificate and/or denial of an application to renew an expeditor registration certificate. A hearing on such appeal shall be held before an Administrative Law Judge of the Board of Administrative Adjudication after receipt of the written request of such appeal to the Director. The registrant may be represented by counsel and may produce witnesses on his or her own behalf. A verbatim record of the hearing shall be taken and preserved and the Administrative Law Judge shall render a decision within 30 days after close of the hearing. For purposes of such hearing, the procedures set forth in Article VIA of the Charter of the City of Yonkers shall apply.
A violation of any provision of this chapter shall constitute a Class II offense. Any person who provides expediting services without first obtaining a registration certificate from the City of Yonkers or who shall continue to provide expediting services after having had his/her registration suspended or revoked shall be deemed to have violated the provisions of this chapter. Each expediting service performed by a person without a valid registration certificate shall be deemed a separate offense.