Legal Analysts

Showing posts with label building code. Show all posts
Showing posts with label building code. Show all posts

Tuesday, October 26, 2021

New Zoning Law: Expansion of Court's Power to Order Removal of Building in Violation of Building Code

Be warned, the process just got a lot easier for a city / district court Judge to "order the removal of the building or an abatement of the condition" that is in violation of "any provision of the uniform code." 

Previously, there was a functional impediment when cities, towns, and villages sought to obtain such an order from the Court. While zoning violations were typically brought in city or district court, only a Supreme Court Justice had the authority to order the removal of the building or an abatement of the condition in violation. This obstructed enforcement of violations. 

Now, with A3028, having been signed into law on October 25, 2021, this is changed, and local courts, such as city and district courts, are empowered to render such an Order. 

Wednesday, February 17, 2021

New Law Alert - Contractors Now Exposed for Alterations in Contravention of Building Code

Attention Contractors: If you help your client violate the uniform fire prevention and building code and that violation empedes a person's egress from such building during an emergency evacuation (think fire), then, you can be fined up to $7,500 under new law

This law applies to contractors, architects, subcontractors, construction superintendents, and agents.

Is this fair? Should a contractor have to tell their client no when the client wants something that violates the building code? Are contractors now code enforcement agents?

Wednesday, November 11, 2020

Building Code Violation Law Passed in NYS

Starting on December 11, 2020 there will be time limits to remedy any determinations of building code violations in NYS per new law

The Real property Actions and Proceedings Law (RPAPL) 777(a) has been amended to ensure that no code violations or dangerous conditions remain outstanding for "more than sixty days from the date of the order of the court" if the owner (or mortgagee or liener) enters into a consent order to remedy the issue upon the petition being granted against such owner. 

We expect that this sixty day period will be applied by the various town / city / village attorneys in plea agreements as well. 

Now, there is a rush to fix unless good cause for delay can be shown.