New Work Rules Enacted; Biz Fees Eased
As part of the ongoing recovery process following Hurricane Sandy, the City Council unanimously passed three pieces of legislations last Wednesday, Mar. 13, aimed at helping affected New Yorkers rebuild their homes and businesses and preventing criminal acts during future emergencies.
Each of the three bills were approved 47-0, with four City Council members excused from voting, and have been sent to Mayor Michael Bloomberg for his signature.
One piece of legislation (Intro. No. 1007) provides regulations for those homeowners and contractors working to elevate properties in storm-damaged areas of the city con- sidered to be at the highest risk of flooding in revised maps recently issued by the Federal Emergency Management Agency (FEMA).
According to the City Council, more than 18,500 buildings were damaged in coastal communities such as the Rockaways, Broad Channel, Howard Beach and Hamilton Beach by the storm surge created by Sandy on Oct. 29-30, 2012. In order to expedite the rebuilding process and meet the revised flood elevation standards, Mayor Bloomberg signed an executive order which waived zoning rules in areas where the height of buildings was restricted.
As described by the City Council, Intro. No. 1007 not only reinforces the executive order but also attaches to it requirements to ensure that elevated buildings are properly constructed, ensuring the safety of both the contractors working on the project and residents upon returning to their homes.
Reportedly, the legislation was drafted in part by City Council Speaker Christine Quinn and Minority Leader James Oddo after learning of faulting rebuilding in New Orleans following Hurricane Katrina in 2005. Property owners were allowed to rebuild and elevate homes and businesses quickly with little to no regulation, which the Council noted caused structural accidents that, in one particular instance, resulted in a fatality.
The bill passed last week requires all architects to clearly state on building plans submitted to the Department of Buildings whether the structure will be elevated. Contractors working on the project must also provide the Buildings Department with 48 hours advanced notice of imminent work in order to allow the agency to send inspectors if necessary.
The property owner and/or contractor must have all completed elevation inspected by a qualified individual authorized by the Buildings Department, the legislation noted. Homeowners and the public will be provided with information by the Department of Consumer Affairs regarding the extent of which licensed home improvement contractors can work, as well as the necessary licenses and permits needed to elevate a building.
Among the local sponsors of the bill were Leroy Comrie, Daniel Halloran, Peter Koo, Eric Ulrich and Ruben Wills.
The second bill passed by the City Council last Wednesday (Intro No. 1017) waives fees for certain permits for businesses in storm-damaged areas looking to reopen. It was noted that the legislation expands and makes permanent an executive order signed by Bloomberg last month.
Any business which was open and operational during and prior to Hurricane Sandy located in Hurricane Evacuation Zones A or B, as classified by the city’s Office of Emergency Management, are eligible to benefit from the provisions of the bill. In Queens, those communities include the Rockaways, Broad Channel and parts of Howard Beach, Hamilton Beach and Long Island City.
The bill, if enacted, waive the following:
– Department of Buildings permit and inspection fees for construction, demolition, scaffolds, boilers, plumbing, electrical work, signs, limited alterations and after-hours work.
– Fire Department fees for inspection of fire protection and gas station fuel dispensing systems, as well as plan review and examination fees for the installation of the same.
– Department of Transportation permit fees for opening the street, debris containers, sidewalk construction, vaults and canopies.
– Department of Small Business Services permit fees for waterfront construction, equipment use, mooring and fill work, and fees for work notices and certificates of completion.
– Department of Environmental Protection fees for fuel burning incinerator permits and certificates of instruction in the use and operation of the same.
– Department of Consumer Affairs licensing fees for salvage and liquidation sales of goods and licensing inspection fees for tow trucks and pedicab businesses.
– Taxi and Limousine Commission fees for the licensing of vehicles, replacing medallions, transferring licenses and for-hire vehicle inspections.
– Landmarks Preservation Commission fees for obtaining certificates of no affect or of appropriateness.
“The waiver of city fees for recovering small businesses is simply a matter of good, responsible governance,” said City Council Member Diana Reyna, chair of the Small Business Committee. “As businesses across the city recover and reopen, the last thing that they should be dealing with are permit and inspection fees.”
Local sponsors of the legislation include Reyna, Comrie, Halloran, Koo and Ulrich, along with City Council Members Karen Koslowitz and Peter Vallone Jr.
Stopping ‘crimes of opportunity’
Finally, the City Council passed Intro 1016, which increases the penalties against those committing what were described as “crimes of opportunity” in future states of emergency as declared by the mayor.
As previously reported, dozens of people in the storm-damaged regions of the city were caught by police looting homes and businesses and taking part in other criminal activities after Sandy barreled through the area.
“While Hurricane Sandy brought out the best in most New Yorkers, some individuals chose to prey on vulnerable storm victims and communities struggling to rebuild,” said Quinn. “Crimes committed during emergencies are crimes of opportunity, and these despicable acts can cause ripple effects throughout the entire city because recovery efforts and resources are diverted, thereby affecting all New Yorkers. We must protect our residents by giving them security and peace of mind when they nee to evacuate unsafe homes and ensure that emergency and relief efforts are not compromised.”
Under the provisions of the bill, individuals arrested, tried and convicted of committing misdemeanor offenses in either mandatory evacuation zones during and after an evacuation is ordered-or in evacuated areas where substantial damage has been sustained or where access to essential items has been severely limited- are subject to lengthier prison terms and/or increased fines and financial penalties.
Such misdemeanor crimes, as described by the Council, include intentionally or recklessly causing physical injury to a person or damaging property, knowingly entering or remaining unlawfully on another person’s property, deliberately or recklessly obstructing government response to an emergency or impersonating another with the intent to obtain a benefit, or to injure or defraud a person.
Anyone convicted of those crimes could face penalties of between six months and a year in jail and a fine between $2,500 and $5,000, or a civil penalty of up to $10,000.
The City Council noted that the bill includes a provision which allows the accused to provide proof that they were acting reasonably in light of the circumstances.”
Comrie, Halloran, Ulrich and Vallone Jr. were among the Queensbased City Council members who sponsored the bill.
