1. April 5, 2021 Agenda For Work Session And Regular Meeting Documents: 21 AGENDA 0405.PDF 2. Active Calendar 2.I. Active Calendar April 5, 2021 (Amended 040221) Documents: ACTIVE CALENDAR APRIL 5 2021 (AMENDED 040221).PDF 3. Supporting Legislation 3.I. Support Legislation April 5, 2021 Documents: SUPPORT LEGISLATION APRIL 5, 2021.PDF 4. Minutes 4.I. April 5, 2021 Meeting Minutes Documents: 21 MINUTES 0405 FINAL.PDF 5. Majority Consent (MC) 5.I. Amended Legislation 5.I.i. Ordinance 44.122.20 (Amended 3.24.2021) Documents: ORDINANCE 44.122.20 - FREDERICK (AA 3.24.21) - CLOSING SCOTT STREET.PDF 5.I.i.1. Ordinance 45.122.20 (Amended 3.24.2021) Documents: ORDINANCE 45.122.20 FREDERICK (AA 3.24.21) - SCOTT STREET SALE.PDF 5.I.i.2. Local Law E Of 2021 - Dirtbikes And ATVs Documents: LOCAL LAW E OF 2021 - DIRTBIKES AND ATVS (AA 4.1.21).PDF 5.I.i.2.1. Local Law E -Dirtbikes And ATVs As Amended April 3, 2021 Documents: LOCAL LAW E - DIRTBIKES AND ATVS (AA 4.3.21).PDF LOCAL LAW E OF 2021 - DIRTBIKES AND ATVS (AA 4.1.21).PDF 5.I.i.2.1. Local Law E -Dirtbikes And ATVs As Amended April 3, 2021 Documents: LOCAL LAW E - DIRTBIKES AND ATVS (AA 4.3.21).PDF 5.I.i.2.2. Local Law J Of 2021 - Lead Service Line Repair Documents: LOCAL LAW J OF 2021 - LEAD SERVICE LINE REPAIR (AA 4.1.21).PDF 5.I.i.2.3. Resolution 23.31.21 (Finance) Adjustment Of Salry APD Documents: RESOLUTION 23.31.21R (FINANCE) ADJUSTMENT OF SALARY IN APD (AA 040221).PDF 6. Supporting Document 7. Public Comment AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, April 5, 2021 The Common Council meets the first and third Monday of each month at 7:00 p.m. (note: when Monday falls on a legal holiday or day of special observance, the Council meeting is ordinarily moved to the following Thursday). This meeting will be held following Governor Cuomo’s Executive Order 202.1. If executive order 202.1 expires before the meeting, this will be an in-person meeting in City Hall, please check our website and Facebook for updates. It will be live-streamed on Facebook using Zoom as the meeting platform. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. For more information on how to be heard please visit our website. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Ordinance 46.122.20 Public Comment Period (30 Minutes) Approval of Minutes from Previous Meeting Consideration of Local Laws Communications from the Mayor, Department Heads and other City Officials Consideration of Vetoes Presentation of Petitions and Communications Reports of Standing Committees Reports of Ad Hoc Committees Consideration of Ordinances Consideration of Resolutions Additional Public Comment (30 minutes) Miscellaneous or Unfinished Business Adjournment The Common Council of the City of Albany is using the Zoom© platform to provide the public access to participate in committee meetings, caucuses, and common council meetings. The Common Council, its agents, nor any of its staff are responsible for the performance of Zoom© or your ability to access the content. Please make sure you visit Zoom’s support to confirm that you have the appropriate system requirements at https://support.zoom.us/hc/en-us/articles/201 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing will be conducted remotely via Zoom and live- streamed to https://www.facebook.com/albany.commoncouncil, in the event of technical difficulties content will be streamed on YouTube© at https://www.youtube.com/channel/UC- rQHp1fBLPcdk_4N6J4XbQ This meeting will be held following Governor Cuomo’s executive orders, and any other applicable state and federal rules on Monday, April 5, 2021 at 7:00 pm on the following ordinance: ORDINANCE 46.122.20 AN ORDINANCE REPEALING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) WITH NEW NUMBERING Documents may be inspected between the hours of 8:30 a.m. – 5:00 p.m., Monday – Friday, in the office of the City Clerk, 24 Eagle St. Rm 202, Albany, NY 12207. https://www.albanyny.gov/Government/CityOfficials/CommonCouncil.aspx Any interested parties may submit comments via email to commoncouncil@albanyny.gov or on our website https://www.albanyny.gov/Government/CityOfficials/CommonCouncil.aspx ; comments must be received by 4pm on Sunday, April 4, 2021. If you wish to provide comments live during the public hearing please register at https://us02web.zoom.us/webinar/register/WN_ase5XROlQN-f0EPu5zsC3A. Anyone wishing to be heard will have an opportunity to do so at the time and place stated above as long as they sign-up before the conclusion of the sign-up period. This meeting is being held in accordance with current executive orders and any other applicable state and federal rules if said orders are not extended by subsequent order this will be an in person meeting in the Common Council Chambers in City Hall. Please make sure you check our website for updates. For further information call the Common Council at 518-434-5087. Danielle Gillespie City Clerk LOCAL LAWS INTRODUCED F of 2021 LOCAL LAW AMENDING PART 2 (COURTS AND LEGAL PROCEDURES) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EVICTION PROCEEDINGS G of 2021 LOCAL LAW AMENDING ARTICLE IX (BUILDING CONSTRUCTION & REGULATION) OF PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE POWER OF THE CHIEF BUILDING OFFICIAL TO ACT IN EMERGENCIES H of 2021 LOCAL LAW AMENDING CHAPTER 133A (BUILDING CONSTRUCTION AND HOUSING: SPECIAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ISSUANCE OF NOTICES OF VIOLATIONS, PENALTIES, AND ENFORCEMENT OF STOP WORK AND UNSAFE AND UNFIT ORDERS UNDER THE NEW YORK STATE UNIFORM FIRE PREVENTION & BUILDING CODE AND ALBANY CITY CODE I of 2021 LOCAL LAW REPEALING PARTS 4 (RESIDENTIAL OCCUPANCY PERMIT) AND 5 (RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW PART 4 OF SUCH CHAPTER ENTITLED “RENTAL OCCUPANCY PERMIT AND RENTAL DWELLING RESIDENCY” IN RELATION TO THE CITY’S RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY PROGRAMS J of 2021 LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INSTALLATION AND REPAIR OF SERVICE LINES AND REPLACEMENT OF LEAD SERVICE LINES LOCAL LAWS HELD 1. Conti LOCAL LAW F - 2019 A LOCAL LAW REPEALING CHAPTER 54 (FINANCIAL DISCLOSURE) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW CHAPTER 54 ENTITLED “ETHICS LAW OF THE CITY OF ALBANY” IN RELATION TO ETHICS AND FINANCIAL DISCLOSURE *Referred to Council Operations and Ethics 2. Love LOCAL LAW L - 2020 A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF ALBANY IN REGARD TO RESIDENCY REQUIREMENTS OF COMMON COUNCIL MEMBERS 3. Conti LOCAL LAW A - 2021 A LOCAL LAW AMENDING SECTION 202 (CONTINUOUS TERMS) OF ARTICLE 2 (ELECTIVE OFFICERS) OF THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR NONPARTISAN ELECTIONS *Referred to Council Operations and Ethics 4. Doesschate, Conti, Farrell, Frederick, and Hoey LOCAL LAW C - 2021 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE ALBANY CITY CODE WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS 5. Anane LOCAL LAW D - 2021 A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR ADDITIONAL PAID SICK LEAVE * Referred to Finances, Assessment, & Taxation Committee 6. Conti, Balarin, Love LOCAL LAW E – 2021 (MC) A LOCAL LAW AMENDING CHAPTER 357 (VEHICLES, OFF ROAD) OF THE CODE OF THE CITY OF ALBANY RELATING TO THE ILLEGAL OPERATION OF OFF-ROAD VEHICLES IN THE CITY OF ALBANY ORDINANCES INTRODUCED ORDINANCES HELD 1. Anane Ordinance Number 34.101.18 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC OF THE CODE OF THE CITY OF ALBANY” IN RELATION TO SPECIAL EVENT PARKING *Referred to Law, Buildings and Code Enforcement 2. Conti & Anane Ordinance Number 2.12.19 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MARKINGS FOR FIRE HYDRANTS *Referred to Law, Buildings and Code Enforcement 3. Flynn Ordinance Number 12.62.19 AN ORDINANCE AMENDING ARTICLE III (TOW-TRUCK OWNERS AND OPERATORS) OF CHAPTER 353 (VEHICLES FOR HIRE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE MAXIMUM TOWING CHARGE PERMITTED *Referred to Law, Buildings and Code Enforcement 4. Fahey Ordinance Number 16.81.19 (MC) AN ORDINANCE AMENDING CHAPTER 375-3 (USE REGULATIONS) OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) IN ORDER TO CLARIFY THE APPROVAL PROCESS FOR TELECOMMUNICATIONS INSTALLATIONS *Referred to Planning, Economic Development and Land Use 5. Fahey Ordinance Number 1.21.20 AN ORDINANCE REPEALING CHAPTER 303 (SIDEWALK AND OUTDOOR CAFES) OF THE CODE OF THE CITY OF ALBANY *Referred to Planning, Economic Development and Land Use 6. Kimbrough Ordinance Number 11.61.20 AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PARKING LOTS IN MU-CU ZONE DISTRICTS *Referred to Planning, Economic Development and Land Use 7. Anane Ordinance Number 13.72.20 AN ORDINANCE AMENDING CHAPTER 345 (TREES AND VEGETATION) OF PART II OF THE CODE OF THE CITY OF ALBANY REGARDING PLANTING TREES IN THE CITY OF ALBANY *Referred to General Service, Health and Environment 8. Frederick Ordinance Number 15.81.20 AN ORDINANCE AMENDING PART II OF THE CODE OF THE CITY OF ALBANY (GENERAL LEGISLATION) BY ENACTING A NEW CHAPTER 325 TITLED SURVEILLANCE TECHNOLOGY *Referred to Public Safety 9. Conti Ordinance Number 43.112.20 (MC) AN ORDINANCE AMENDNING ARTICLE XLVI (GENERAL PROVISIONS) OF PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CONFORMING THE SIZE OF THE SIZE OF THE BOARD OF ZONING APPEALS WITH THE NYS GENERAL CITY LAW) *Referred to Planning, Economic Development and Land Use 10. Frederick Ordinance Number 44.122.20 (As Amended 03/24/2021) AN ORDINANCE AUTHORIZING AND DIRECTING THE CLOSING OF SCOTT STREET IN THE CITY OF ALBANY, NEW YORK 11. Frederick Ordinance Number 45.122.20 (As Amended 03/24/2021) AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE OF SCOTT STREET IN THE CITY OF ALBANY, NEW YORK TO SOUTH END DEVELOPMENT, LLC 12. Planning Ordinance Number 46.122.20 (As Amended 02/04/2021) AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY BY RENUMBERING SUCH CHAPTER 13. O’Brien Ordinance Number 3.12.21 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY CLARIFYING VEGETATIVE COVERAGE IN RELATION TO NON-APPLICABILITY TO GREEN ROOFS *Referred to Planning, Economic Development and Land Use 14. O’Brien Ordinance Number 4.31.21 AN ORDINANCE AMENDING CHAPTER 371 (WATER AND WATERWAYS) AND PART 7 (DEPARTMENT OF WATER AND WATER SUPPLY) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO LEAD PIPES 15. Planning Ordinance Number 5.32.21 AN ORDINANCE AMENDING ARTICLE I (GENERAL PROVISIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS 16. O’Brien Ordinance Number 4.31.21 AN ORDINANCE AMENDING CHAPTER 371 (WATER AND WATERWAYS) AND PART 7 (DEPARTMENT OF WATER AND WATER SUPPLY) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO LEAD PIPES 17. Planning Ordinance Number 5.32.21 AN ORDINANCE AMENDING ARTICLE I (GENERAL PROVISIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS 18. Planning Ordinance Number 6.31.21 AN ORDINANCE AMENDING ARTICLE II (ZONING DISTRICTS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS 19. Planning Ordinance Number 7.32.21 AN ORDINANCE AMENDING ARTICLE III (USE REGULATIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS 20. Planning Ordinance Number 8.32.21 AN ORDINANCE AMENDING ARTICLE IV (DEVELOPMENT STANDARDS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS 21. Planning Ordinance Number 9.32.21 AN ORDINANCE AMENDING ARTICLE V (ADMINISTRATION AND ENFORCEMENT) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS 22. Planning Ordinance Number 10.32.21 AN ORDINANCE AMENDING ARTICLE VI (RULES OF CONSTRUCTION; DEFINITION) AND ARTICLE VII (APPLICATION FEES) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS 23. Kimbrough Ordinance Number 11.32.21 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO AUMAND RESTORATIONS, LLC OF 948 BROADWAY (Tax Map Parcel Number 65.16-1-32) RESOLUTIONS INTRODUCED 32.41.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CALLING ON THE MAYOR OF THE CITY OF ALBANY AND OUR COUNTY, STATE, AND FEDERAL PARTNERS TO IMPLEMENT MORE INCENTIVES FOR AFFORDABLE HOMEOWNERSHIP AND GRANTS FOR HOMEOWNER MAINTENANCE ASSISTANCE 33.41.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF TWO FULL TIME POSITIONS AND THE CREATION OF TWO OTHERS, WHICH WILL AFFECT SALARY TOTALS FOR THE 2021 BUDGET (OFFICE OF THE TREASURER) 34.21.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT SALARY TOTALS FOR THE 2021 BUDGET (DEPARMENT OF BUILDINGS AND REGULATORY COMPLIANCE) 35.41.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CONDEMNING ALL FORMS OF ANTI-ASIAN RACISM RESOLUTIONS HELD 1. Anane Resolution Number 46.62.18R (MC) A RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT OF THE CITY OF ALBANY WAIVING FEES AGAINST THE NEW YORK STATE POOR PEOPLE’S CAMPAIGN *Referred to Public Safety 2. Anane Resolution Number 25.52.19R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE IMPORTANCE OF WALKABILITY THROUGHOUT THE CITY AND CALLING ON THE ALBANY POLICE DEPARTMENT’S TRAFFIC SAFETY DIVISION TO ADOPT A POLICY ENSURING THAT PEDESTRIAN SIGNALS ARE AUTOMATICALLY INCLUDED WHENEVER TRAFFIC SIGNALS ARE CHANGED, UPGRADED OR INSTALLED” *Referred to Planning, Economic Development and Land Use 3. Love Resolution Number 42.62.19R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING THE NEED FOR A GREATER EMPHASIS ON SENIOR SERVICES THROUGHOUT THE CITY OF ALBANY 4. Anane Resolution Number 7.21.20R RESOLUTION DECLARING A CLIMATE EMERGENCY AND CALLING FOR AN IMMEDIATE EMERGENCY MOBILIZATION TO RESTORE A SAFE CLIMATE *Referred to Planning, Economic Development and Land Use 5. Conti Resolution Number 23.41.20R RESOLUTION OF THE COMMON COUNCIL ENACTING A HOME RULE MESSAGE TO THE NEW YORK STATE LEGISLATURE REQUESTING THE ENACTMENT OF SENATE BILL NO. 7606 AND ASSEMBLY BILL NO. 9114 ENTITLED: “AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO THE RESIDENTIAL PERMIT PARKING SYSTEM IN THE CITY OF ALBANY; AND TO AMEND CHAPTER 454 OF THE LAWS OF 2010 AMENDING THE VEHILCE AND TRAFFIC LAW RELATING TO AUTHORIZING A PILOT RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF ALBANY, IN RELATION TO MAKING SUCH PROVISIONS PERMANENT 6. Anane Resolution Number 95.102.20R RESOLUTION IN SUPPORT OF THE CITY OF ALBANY MAKING ELECTION DAY A PAID HOLIDAY *Referred to Finance, Assessment and Taxation 7. Kimbrough with the Support of President Ellis Resolution Number 102.111.20R A RESOLUTION HONORING THE LIFE AND LEGACY OF EDWIN H. SPERBER AND NAMING A PORTION OF ERIE BOULEVARD AS “EDWIN H. SPERBER WAY”” *Referred to General Service, Health and Environment 8. Finance Resolution Number 22.31.21 R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE CREATION OF A FULL TIME POSITION, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (DEPARTMENT OF GENERAL SERVICES) *Referred to Finance, Assessment, & Taxation Committee 9. Finance Resolution Number 23.31.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR THE 2021 BUDGET (ALBANY POLICE DEPARTMENT) *Referred to Finance, Assessment, & Taxation Committee 10. Finance Resolution Number 25.31.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (DEPARTMENT OF RECREATION) *Referred to Finance, Assessment, & Taxation Committee 11. Kimbrough, Love, & Robinson Resolution Number 27.31.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY HONORING THE LIFE AND LEGACY OF WARREN ADRIAN MACKEY AND RENAMING A PART OF LIVINGSTON AVENUE IN HIS HONOR Page 1 of 2 Albany Common Council Active Calendar Meeting of Monday, April 5, 2021 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Local Laws Held Local Law L 2 Love A LOCAL LAW AMENDING of 2020 THE CHARTER OF THE CITY OF ALBANY IN REGARD TO RESIDENCY REQUIREMENTS OF COMMON COUNCIL MEMBERS Local Laws Held (d) Local Law E 6 Conti, Balarin, A LOCAL LAW AMENDING of 2021 (MC) Love CHAPTER 357 (VEHICLES, OFF (As Amended ROAD) OF THE CODE OF THE 04/01/2021) CITY OF ALBANY RELATING TO THE ILLEGAL OPERATION OF OFF-ROAD VEHICLES IN THE CITY OF ALBANY Ordinances Held 44.122.20 (As 10 Frederick AN ORDINANCE Amended AUTHORIZING AND 03/24/2021) DIRECTING THE CLOSING OF SCOTT STREET IN THE CITY OF ALBANY, NEW YORK Ordinances Held 45.122.20 (As 11 Frederick AN ORDINANCE OF THE Amended COMMON COUNCIL 03/24/2021) AUTHORIZING THE SALE OF SCOTT STREET IN THE CITY OF ALBANY, NEW YORK TO SOUTH END DEVELOPMENT, LLC Ordinance Held (a) 46.122.20 (As 12 Planning AN ORDINANCE REPEALING Amended CHAPTER 375 (UNIFIED 02/04/2021) SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) WITH NEW NUMBERING Resolutions Introduced 35.41.21R Full Council A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CONDEMNING ALL FORMS OF ANTI-ASIAN RACISM Resolutions Held (c) 22.31.21R 8 Finance A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE Page 2 of 2 CREATION OF A FULL TIME POSITION, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (DEPARTMENT OF GENERAL SERVICES) Resolutions Held (c) 23.31.21R (As 9 Finance A RESOLUTION OF THE Amended COMMON COUNCIL 04/02/2021) CONSENTING TO AN ADJUSTMENT IN SALARY FOR THE 2021 BUDGET (ALBANY POLICE DEPARTMENT) Resolutions Held 27.31.21R 11 Kimbrough, Love, RESOLUTION OF THE & Robinson COMMON COUNCIL OF THE CITY OF ALBANY HONORING THE LIFE AND LEGACY OF WARREN ADRIAN MACKEY AND RENAMING A PART OF LIVINGSTON AVENUE IN HIS HONOR (a) Pending Public Hearing on April 5, 2021 @ 7pm VIA ZOOM (b) Pending discussions at Caucus on March 30, 2021 @ 5:30PM VIA ZOOM (c) Pending discussion at Finance, Assessment & Taxation Committee Meeting on April 1, 2021 @ 5:30pm VIA ZOOM (d) Pending Receipt of Message of Necessity from the Mayor (04/02/2021) COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION APRIL 5, 2021 LOCAL LAWS F of 2021 LOCAL LAW AMENDING PART 2 (COURTS AND LEGAL PROCEDURES) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EVICTION PROCEEDINGS G of 2021 LOCAL LAW AMENDING ARTICLE IX (BUILDING CONSTRUCTION & REGULATION) OF PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE POWER OF THE CHIEF BUILDING OFFICIAL TO ACT IN EMERGENCIES H of 2021 LOCAL LAW AMENDING CHAPTER 133A (BUILDING CONSTRUCTION AND HOUSING: SPECIAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ISSUANCE OF NOTICES OF VIOLATIONS, PENALTIES, AND ENFORCEMENT OF STOP WORK AND UNSAFE AND UNFIT ORDERS UNDER THE NEW YORK STATE UNIFORM FIRE PREVENTION & BUILDING CODE AND ALBANY CITY CODE I of 2021 LOCAL LAW REPEALING PARTS 4 (RESIDENTIAL OCCUPANCY PERMIT) AND 5 (RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW PART 4 OF SUCH CHAPTER ENTITLED “RENTAL OCCUPANCY PERMIT AND RENTAL DWELLING RESIDENCY” IN RELATION TO THE CITY’S RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY PROGRAMS J of 2021 LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INSTALLATION AND REPAIR OF SERVICE LINES AND REPLACEMENT OF LEAD SERVICE LINES RESOLUTIONS 32.41.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CALLING ON THE MAYOR OF THE CITY OF ALBANY AND OUR COUNTY, STATE, AND FEDERAL PARTNERS TO IMPLEMENT MORE INCENTIVES FOR AFFORDABLE HOMEOWNERSHIP AND GRANTS FOR HOMEOWNER MAINTENANCE ASSISTANCE 33.41.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF TWO FULL TIME POSITIONS AND THE CREATION OF TWO OTHERS, WHICH WILL AFFECT SALARY TOTALS FOR THE 2021 BUDGET (OFFICE OF THE TREASURER) 34.21.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT SALARY TOTALS FOR THE 2021 BUDGET (DEPARMENT OF BUILDINGS AND REGULATORY COMPLIANCE) 35.41.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CONDEMNING ALL FORMS OF ANTI-ASIAN RACISM Council Member Balarin introduced the following: LOCAL LAW F OF 2021 LOCAL LAW AMENDING PART 2 (COURTS AND LEGAL PROCEDURES) OF CHAPTER 30 (COURTS AND LEGAL PROCEDURES) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EVICTION PROCEEDINGS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article XXII (Rules of Practice of the City Court of Albany) of Part 2 (City Court Act) of Chapter 30 (Courts and Legal Procedures) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended by adding a Section 30-323, to read as follows: §30-323 Special rules for eviction proceeding Filing of Residential Occupancy Permit Required. No action for eviction may be commenced without the Petitioner’s having submitted to the Court a copy of the most recently-issued Residential Occupancy Permit issued according to Part 4 of Chapter 231 of this Code for the rental dwelling unit of which the Petitioner is seeking possession or an allegation that deregistration and suspension of said Residential Occupancy permit was done in violation of this Chapter. Section 2. Part 2 (City Court Act) of Chapter 30 (Courts and Legal Procedures) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended by adding an Article XXIII, entitled “Prohibition of Eviction Without Good Cause,” to read as follows: Article XIII Prohibition of Eviction Without Good Cause § 30-324 Short Title. This article shall be cited as the “Prohibition of Eviction Without Good Cause Law.” §30-325 Definitions. A. The term “housing accommodation,” as used in this article, shall mean any residential premises located in the City of Albany. B. The term “landlord,” as used in this article, shall mean any owner, lessor, sublessor, assignor, or other person receiving or entitled to receive rent for the occupancy of any housing accommodation or an agent of any of the foregoing. C. The term “tenant” as used in this article shall mean a tenant, sub-tenant, lessee, sublessee, assignee, manufactured home tenant as defined in paragraph one of subsection (A) of section two hundred thirty-three of this chapter, an occupant of a rooming house or hotel as defined in section seven hundred eleven of the Real Property Actions and Proceedings Law or any other person entitled to the possession, use or occupancy of any housing accommodation. Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. D. The term “rent” as used in this article shall mean any consideration, including any bonus, benefit or gratuity demanded or received for or in connection with the possession, use or occupancy of housing accommodations or the execution or transfer of a lease for such housing accommodations. E. The term “disabled person” as used in this article shall mean a person who has an impairment which results from anatomical, physiological or psychological conditions, other than addiction to alcohol, gambling, or any controlled substance, which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques, and which are expected to be permanent and which substantially limit one or more of such person's major life activities. § 30-326 Applicability. This article shall apply to all housing accommodations except: A. Owner-occupied premises with less than four units; B. Premises sublet pursuant to section two hundred twenty-six-b of the Real Property Law or otherwise, where the sublessor seeks in good faith to recover possession of such housing accommodation for their own personal use and occupancy; C. Premises where the possession, use or occupancy of which is solely incident to employment and such employment is being lawfully terminated; and D. Premises otherwise subject to regulation of rents or evictions pursuant to state or federal law to the extent that such state or federal law requires “good cause” for termination or non-renewal of such tenancies. § 30-327 Necessity for good cause. No landlord shall, by action to evict or to recover possession, by exclusion from possession, by failure to renew any lease, or otherwise, remove any tenant from housing accommodation except for good cause as defined in section three hundred twenty-eight of this article. § 30-328 Grounds for removal of tenants A. No landlord shall remove a tenant from any housing accommodation, or attempt such removal or exclusion from possession, notwithstanding that the tenant has no written lease or that the lease or other rental agreement has expired or otherwise terminated, except upon order of a court of competent jurisdiction entered in an appropriate judicial action or proceeding in which the petitioner or plaintiff has established one of the following grounds as good cause for removal or eviction: (1) The tenant has failed to pay rent due and owing, provided, however, that the rent due and owing, or any part thereof, did not result from a rent increase or pattern of rent increases which, regardless of the tenant's prior consent, if any, is unconscionable or imposed for the purpose of circumventing the intent of this Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. article. In determining whether all or part of the rent due and owing is the result of an unconscionable rent increase or pattern of rent increases, the Court may consider, among other factors, i) the rate of the increase relative to the tenant’s ability to afford said increase, ii) improvements made to the subject unit or common areas serving said unit, iii) whether the increase was precipitated by the tenant engaging in the activity described at section 223-b (1(a)-(c) of the Real Property Actions and Proceedings Law, iv) significant market changes relevant to the subject unit, and v) the condition of the unit or common areas serving the unit, and it shall be a rebuttable presumption that the rent for a dwelling not protected by rent regulation is unconscionable or imposed for the purpose of circumventing the intent of this article if said rent has been increased in any calendar year by a percentage exceeding five percent; (2) The tenant is violating a substantial obligation of their tenancy, other than the obligation to surrender possession, and has failed to cure such violation after written notice that the violation cease within ten days of receipt of such written notice, provided however, that the obligation of tenancy for which violation is claimed was not imposed for the purpose of circumventing the intent of this article; (3) The tenant is committing or permitting a nuisance in such housing accommodation, or is maliciously or by reason of negligence damaging the housing accommodation; or the tenant's conduct is such as to interfere with the comfort of the landlord or other tenants or occupants of the same or adjacent buildings or structures; (4) Occupancy of the housing accommodation by the tenant is in violation of or causes a violation of law and the landlord is subject to civil or criminal penalties therefor; provided however that the City of Albany has issued an order requiring the tenant to vacate the housing accommodation. No tenant shall be removed from possession of a housing accommodation on such ground unless the court finds that the cure of the violation of law requires the removal of the tenant and that the landlord did not, through neglect or deliberate action or failure to act, create the condition necessitating the order to vacate. In instances where the landlord does not undertake to cure conditions of the housing accommodation causing such violation of the law, the tenant shall have the right to pay or secure payment in a manner satisfactory to the court, to cure such violation provided that any tenant expenditures shall be applied against rent to which the landlord is entitled. In instances where removal of a tenant is absolutely essential to their health and safety, the removal of the tenant shall be without prejudice to any leasehold interest or other right of occupancy the tenant may have and the tenant shall be entitled to resume possession at such time as the dangerous conditions have been removed. Nothing herein shall abrogate or otherwise limit the right of a tenant to bring an action for monetary damages against the landlord to compel compliance by the landlord with all applicable laws; (5) The tenant is using or permitting the housing accommodation to be used for an illegal purpose; Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. (6) The tenant has unreasonably refused the landlord access to the housing accommodation for the purpose of making necessary repairs or improvements required by law or for the purpose of showing the housing accommodation to a prospective purchaser, mortgagee, or other person having a legitimate interest therein; (7) The landlord seeks in good faith to recover possession of a housing accommodation located in a building containing fewer than twelve units because of immediate and compelling necessity for their own personal use and occupancy as their principal residence, or the personal use and occupancy as principal residence of their partner, spouse, parent, child, stepchild, father-in-law or mother-in-law, when no other suitable housing accommodation in such building is available. This paragraph shall permit recovery of only one housing accommodation and shall not apply to a housing accommodation occupied by a tenant who is sixty-two years of age or older or who is a disabled person; (8) The landlord seeks in good faith to recover possession of any or all housing accommodations located in a building with less than five units to personally occupy such housing accommodations as their principal residence; (9) The owner-landlord has in good faith entered into a contract for the sale of the housing accommodation and such contract requires that the housing accommodation be transferred free and clear of any and all residential tenancy obligations as a condition of such sale where the owner-landlord has no shared financial or other interest with the potential buyer other than the sale of the housing accommodation in question and submitted sufficient proof to the court thereof; or (10) Except where notice is issued pursuant this subsection for the purpose of circumventing the intent of this article, where the owner-landlord has notified the tenant in writing of the owner-landlord’s intention not to renew a written lease not less than five months in advance of the non-renewal date and the tenant consents, provided that at the time of filing of an eviction proceeding the landlord has in good-faith entered into an enforceable lease agreement with a different party in an arms-length transaction for the premises occupied by the tenant. The non-renewal notice provided for in this section must include language advising the tenant of their right to renew their tenancy and thereby reject the non-renewal, that tenant’s consent must be provided in writing and that the tenant may not be subjected to retaliation for such rejection. The tenant’s consent may be withdrawn any time prior to the owner-landlord’s entrance into new lease agreement for the subject premises. B. A tenant required to surrender a housing accommodation by virtue of the operation of paragraph (7), (8), or (9) of subsection (A) of this section shall have a cause of action in any court of competent jurisdiction for damages, declaratory, and injunctive relief against a landlord or purchaser of the premises who makes a fraudulent statement regarding a proposed use of the housing accommodation. In any action or proceeding brought pursuant Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. to this provision a prevailing tenant shall be entitled to recovery of actual damages, and reasonable attorneys' fees. C. Nothing in this section shall abrogate or limit the tenant's right, pursuant to section seven hundred fifty-one of the Real Property Actions and Proceedings Law, to permanently stay the issuance or execution of a warrant or eviction in a summary proceeding, whether characterized as a nonpayment, objectionable tenancy, or holdover proceeding, the underlying basis of which is the nonpayment of rent, so long as the tenant complies with the procedural requirements of section seven hundred fifty-one of the Real Property Actions and Proceedings Law. § 30-329 Preservation of existing requirements of law. No action shall be maintainable and no judgment of possession shall be entered for housing accommodations pursuant to this article, unless the landlord has complied with any and all applicable laws governing such action or proceeding and has complied with any and all applicable laws governing notice to tenants including, without limitation, the manner and the time of service of such notice and the contents of such notice. § 30-330 Waiver of rights void. Any agreement by a tenant heretofore or hereinafter entered into in a written lease or other rental agreement waiving or modifying their rights as set forth in this article shall be void as contrary to public policy. § 30-331 Severability. If any provision of this act, or any application of any provision of this act, is held to be invalid, that shall not affect the validity or effectiveness of any other provision of this act, or of any other application of any provision of this act, which can be given effect without that provision or application; and to that end, the provisions and applications of this act are severable. § 30-332 Effective Date This article shall take effect upon final passage, public hearing, and filing with the Secretary of State and shall apply to actions and proceedings commenced on or after such effective date. Section 3. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State. APPROVED AS TO FORM THIS 6TH DAY OF MARCH, 2021 ______________________________ Corporation Counsel Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Laura Gulfo, Esq., Assistant Corporation Counsel Robert Magee, Esq., Deputy Corporation Counsel Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: March 1, 2021 Sponsor: Council Member Balarin LOCAL LAW F OF 2021 TITLE LOCAL LAW AMENDING PART 2 (COURTS AND LEGAL PROCEDURES) OF CHAPTER 30 (COURTS AND LEGAL PROCEDURES) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EVICTION PROCEEDINGS GENERAL PURPOSE OF LEGISLATION Section 1: The purpose of this proposal is to make evictions in City Court more efficient by requiring the filing of an ROP a requirement of commencing an eviction proceeding. ACC §30-323(A) – Special Rules for Eviction Proceedings, Filing of Residential Occupancy Permit Required – requires that a party seeking to recovery property in the course of an eviction proceeding to file a copy of the active ROP with the City Court along with the petition for eviction. Section 2: To prohibit residential evictions within the City of Albany without good cause. The following additions are made to Chapter 30 of the Albany City Code: §30-324 Short Title: Adds short title which shall be cited as the “Prohibition of Eviction Without Good Cause Law.” §30-325 Definitions: Adds definitions of “housing accommodation,” “landlord,” “tenant,” “rent,” and “disabled person.” §30-326 Applicability: Adds exceptions to the applicability of the law, which, in general, applies to all housing accommodations. §30-327 Necessity for good cause: Prohibits landlords from removing tenants from housing accommodations except for good cause, as defined in §30-328. Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. §30-328 Grounds for removal of tenants: Subsection 1 illustrates, in detail, the nine grounds that landlords may establish to meet the “good cause” standard for lawful eviction; landlords are required to satisfy only one of these grounds. Subsection 2 provides tenants with a cause of action (seeking damages, declaratory, and injunctive relief as well as reasonable attorney’s fees) against landlords or purchasers of the housing accommodation who have made fraudulent statements regarding the proposed use of housing accommodation. Subsection 3 reiterates tenants’ protections under the real property actions and proceedings law (“RPAPL”) §751 to permanently stay an eviction, the underlying basis for which is the nonpayment of rent. §30-329 Preservation of existing requirements of law: Provides a tenant with a basis to pursue dismissal of an eviction proceeding where the landlord has failed to comply with all applicable laws governing such a proceeding, including, but not limited to, the laws governing notice to tenants and the provisions under the New York State Housing Stability and Tenant Protection Act (“HSTPA”) of 2019. §30-330 Waiver of rights void: Voids, as contrary to public policy, any agreement wherein a tenant has waived or modified rights afforded under this article. §30-331 Severability: Allows severability of provisions of this article in that if any provision is held to be invalid, said holding shall not affect the validity or effectiveness of any other provision of this article. §30-332 Effective Date: Provides that this article shall take effect immediately and shall apply to actions and proceedings commenced on or after the effective date. NECESSITY FOR LEGISLATION Section 1: Eviction proceedings are usually delayed while it is determined whether an ROP is active for the building in question. This will save significantly on administrative costs by making the filing of an active ROP part of what the landlord files at the outset of the eviction proceedings. This also protects tenants whose rent is subject to a levy by the City for repair costs. Though the Building Department does not do this, it may in the future and if it does it will be important to ensure that tenants subject to a levy are protected. Section 2: The New York State Housing Stability and Tenant Protection Act (“HSTPA”) passed in 2019 provide protections for tenants that have the effect of delaying the initiation of an eviction proceeding. Excluded from the HSTPA is any requirement for the landlords or property owners to provide a justification for said eviction or removal of tenants from housing accommodations in the City of Albany. This legislation seeks to bridge that gap. Good cause eviction law shall prohibit a landlord from removing a tenant from a housing accommodation without an order from a judge who decides whether or not the eviction is for a good cause. The proposed legislation identifies nine grounds which a landlord may cite when pursuing an eviction or removal of a tenant from a housing accommodation; a landlord must only satisfy one of the nine available grounds. Briefly, those nine grounds Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. contemplate (a) tenant’s failure to pay rent, with consideration to a rental increase, if any; (b) tenant’s violation of an obligation of the tenancy and failure to cure said violation; (c) nuisance in the housing accommodation either caused or permitted by the tenant; (d) tenant’s occupancy of the housing accommodation, which is in violation or causes a violation of law and the landlord is subject to civil or criminal penalties, with considerations; (e) tenant uses or permits the housing accommodation to be used for an illegal purpose; (f) tenant’s unreasonable refusal to allow the landlord access to the housing accommodation for the purpose of making necessary repairs or improvements required by law or for the purpose of showing the housing accommodation, subject to notice requirements under the HSTPA; (g) landlord’s good faith recovery of the housing accommodation in a building with fewer than twelve units, subject to conditions; (h) landlord’s good faith recovery of the housing accommodation in a building with fewer than five units for the landlord’s personal occupancy, such as their principal residence; and (i) landlord’s good faith contract for the sale of the housing accommodation wherein the housing accommodation shall be transferred free and clear of all residential tenancy obligations as a condition of the sale. To satisfy one of these grounds in an eviction proceeding, the landlord is required to first identify the ground or grounds pursuant to which the landlord seeks removal of the tenant, which will likely require statements from the landlord filed with the complaint or petition in court. As such, this legislation provides tenants with a cause of action for damages, including reasonable attorney’s fees, if the landlord has submitted or made fraudulent statements regarding the proposed use of the housing accommodation. This proposed legislation is generally applicable to housing accommodations within the City of Albany. Notably, however, this proposed legislation excludes owner-occupied units with less than four units, i.e. the property owner’s primary residence. Other housing accommodations excluded are sublease arrangements where the sublessor, in good faith, seeks to recover possession for their own personal use and occupancy; and premises where the possession, use, or occupancy which is solely incidental to employment and the employment is lawfully terminated. FISCAL IMPACT None. Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. Council Member Conti introduced the following: LOCAL LAW G OF 2021 LOCAL LAW AMENDING ARTICLE IX (BUILDING CONSTRUCTION & REGULATION) OF PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE POWER OF THE CHIEF BUILDING OFFICIAL TO ACT IN EMERGENCIES Be it enacted, by the Common Council of the City of Albany as follows: Section 1. Section 133-55 (Power to act in emergencies) of Article IX (Building Construction and Regulation) of Part 2 (Building Construction) of Chapter 133 (Building Construction) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 133-55 - Power to act in emergencies. A. Whenever the [Commissioner] Chief Building Official finds that a violation of this Part 2 exists which, in [his] their opinion, requires immediate action to abate a direct hazard or an immediate danger to the health, safety or welfare of the occupants of a building or of the public, the [Commissioner] Chief Building Official may, without prior notice or hearing, take any action authorized herein which is reasonably necessary to abate or remove the condition. B. Such action may include but is not limited to demolition of the building or structure, vacating the occupants of the premises and of surrounding premises, closing of public or private streets or rights-of-way, termination of utility service, erection of barricades and other protections and the performance of physical work on the premises. C. Recovery of any cost incurred with respect to the abatement of an emergency by the [Commissioner] Chief Building Official shall take place pursuant to the provisions of this Part 2, and the [Commissioner of Buildings] Chief Building Official is hereby authorized and empowered to employ such labor and furnish such materials and take such steps as in [his] their judgment may be necessary to make the building safe. D. The value of the work done and the materials furnished in doing said work, or any part thereof, under and by direction of the Department of Buildings, as provided for in the last section, shall, when properly certified by the [Commissioner of Buildings] Chief Building Official, be audited and paid by the City in the same manner as other claims against the City are audited and paid, and the amount so paid [shall be and remain a lien against the property upon which the work is done] shall constitute a debt recoverable from the owner and a lien upon the building and lot, and upon the rents and other income thereof, and shall be collected by the City from the owner of such property in the same manner as taxes are collected, and the City may institute an action at law against such owner, owners or Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. occupants to recover the cost thereof. The remedy by action at law shall be in addition to the right to assess the cost as a lien against the property. Section 2. This ordinance shall take effect upon final passage, public hearing, and filing with the Secretary of State. APPROVED AS TO FORM THIS 6TH DAY OF MARCH, 2021 ________________________________ Corporation Counsel Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Robert Magee, Deputy Corporation Counsel Laura Gulfo, Assistant Corporation Counsel Brett Williams, Esq., Sr. Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: March 2, 2021 Sponsor: Council Member Conti LOCAL LAW G OF 2021 TITLE A LOCAL LAW AMENDING ARTICLE IX (BUILDING CONSTRUCTION & REGULATION) OF PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE POWER OF THE CHIEF BUILDING OFFICIAL TO ACT IN EMERGENCIES GENERAL PURPOSE OF LEGISLATION This ordinance clarifies the authority of the Chief Building Official to act in the event of violations of the New York State Uniform Fire Prevention and Building Code which constitute an imminent safety threat. This ordinance changes the title of the official with the authority to act in the event of such violations from “Commissioner” to Chief Building Official” and de-genders the language describing this individual. This ordinance also changes the language describing the obligation of the property owner to reimburse the City for the costs of work performed according to this chapter to make it easier for the City to recover such debt after the fact. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW The changes made by this ordinance will better reflect the description of the Chief Building Official employed elsewhere in the City Code, particularly in the recent amendment to Chapter 375, the Unified Sustainable Development Ordinance. It also provides the City with greater flexibility in designating the Chief Building Official and addresses gender-bias in the wording of existing laws. FISCAL IMPACT(S) None. Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. Council Member Anane introduced the following: LOCAL LAW H OF 2021 LOCAL LAW AMENDING CHAPTER 133A (BUILDING CONSTRUCTION AND HOUSING: SPECIAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ISSUANCE OF NOTICES OF VIOLATIONS, PENALTIES, AND ENFORCEMENT OF STOP WORK AND UNSAFE AND UNFIT ORDERS UNDER THE NEW YORK STATE UNIFORM FIRE PREVENTION & BUILDING CODE AND ALBANY CITY CODE Be it enacted, by the Common Council of the City of Albany as follows: Section 1. Chapter 133A (Building Construction and Housing: Special Provisions) of Part II (General Legislation) of the Code of the City of Albany is hereby amended as follows: Article I General Provisions § 133A-1 Scope. This chapter shall establish the procedures applicable to the manner of service of notices of violation, by whatever designation, [provided in] by the Chief Building Official or their designee for the violation any provision of Chapter 133[,] (Building Construction), [and Chapter 231, Housing, in the context of the enforcement of the requirements of those chapters of the] Chapter 171 (Electricity), Chapter 375 (Unified Sustainable Development Ordinance), orders issued pursuant to Article 2B of the NYS Executive Law, Chapter 261 (Plumbing) State Uniform Fire Prevention and Building Code and of any other local or state law which the Chief Building Official is empowered to enforce. This chapter further shall establish the penalties applicable to a conviction of a violation of any of the provisions of [Chapter 133 and Chapter 231] the aforementioned laws, chapters, directives, and codes for which no other penalty is expressly provided therein. Article II Service of Notices § 133A-2 Violations; Notices of violations of code; service of papers. A. [Service of notice. All notices issued pursuant to the provisions of Chapter 133 or Chapter 231 to restrain or remove any violation or to enforce compliance with any provision or requirement of such chapters may be served by: (1) Delivering to an leaving a copy of the same with any person or persons violating, or who may be liable under any of the several provisions of such chapters; (2) By registered or certified mail to the most current address on file in the Rental Dwelling Registry under § 231-143, if any; Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. (3) If none is on file, to the most current address on file in the City Department of Assessment and Taxation; or (4) If such person or persons cannot be served by any of the aforesaid methods, after diligent search shall have been made for him or them, then such notice or order may be served by posting the same in a conspicuous place upon the premises where such violation is alleged to exist, or to which such notice may refer, or which may be deemed unsafe or dangerous, which shall be equivalent to personal service of said notice upon all parties for whom such search shall have been made; or (5) By any other method of service authorized pursuant to Article 3 of the Civil Practice Law and Rules.] Notices of Violation. Whenever it shall appear to the satisfaction of the Chief Building Official or their designee that the condition of any building, structure, or parcel, or part thereof is in violation of any of the provisions of this code, the Uniform Fire Prevention and Building Code, other laws or rules enforced by the department and orders of the Chief Building Official issued pursuant thereto, the Chief Building Official is hereby authorized to serve upon the person or persons responsible for the violation, including but not limited to the owner of any such building or structure, or the architect, contractor or any other person in charge thereof, either as owner or agent, a notice of violation, in writing, which shall: (1) Set forth the parcel upon which the violation was discovered; (2) Specify the condition or conditions of such parcel, including all improvements thereon, which is in violation of the provisions of this code; (3) Direct that the violation be discontinued within such time prescribed in the notice as determined by the Chief Building Official or their designee as reasonable for such discontinuance under the circumstances; (4) Bear the official seal of the City of Albany and/or Buildings Department; (5) Include contact information for the Buildings Department; and (6) Provide notice to the subject of the notice of violation of the penalties of non- compliance with said notice as set forth in this chapter. B. [Notice by mail to owners residing out of state. If the person or persons or any of them to whom said notice is directed do not reside in the State of New York and have no known place of business therein, the same may be served by delivering to, and leaving with, such person or persons, or either of them, a copy of said notice, or if said person or persons cannot be found within said state after diligent search, then by posting a copy of the same in the manner as aforesaid and depositing a copy thereof in a post office in the City of Albany, enclosed in a sealed wrapper addressed to said person or person at his or their last known place of residence, with the postage paid thereon; and said posting and mailing a Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. copy of said notice shall be equivalent to personal service of said notice.] Service of notice. All notices issued pursuant to the provisions of Chapter 133 or Chapter 231 to restrain or remove any violation or to enforce compliance with any provision or requirement of such chapters may be served by: (1) Delivering to and leaving a copy of the same with any person or persons violating, or who may be liable under any of the several provisions of such chapters; or (2) Registered or certified mail to the most current address on file in the Rental Dwelling Registry under section 231-143 of this Code; or (3) Registered or certified mail to an address provided to the Department of Buildings in the preceding three years as a contact address for the property and/or owner allegedly in violation; or (4) Registered or certified mail to the most current address on file in the City Department of Assessment and Taxation; or (5) Registered or certified mail to the official address for the service of process provided by the owner to the New York State Department of State; or (6) If such person or persons cannot be served by any of the aforesaid methods, after diligent search shall have been made for him or them, then by posting the same in a conspicuous place upon the premises where such violation is alleged to exist, or to which such notice may refer, or which may be deemed unsafe or dangerous, which shall be equivalent to personal service of said notice upon all parties for whom such search shall have been made; or (7) Any other method of service authorized pursuant to Article 3 of the Civil Practice Law and Rules. C Failure to comply with notice. Any person who shall fail to comply with a written notice of violation of the Chief Building Official or their designee within the time fixed for compliance therewith, and any owner of any such building or structure, or the architect, contractor or any other person in charge thereof, either as owner or agent who have not complied with any lawful order, notice, directive, permit or certificate of the Chief Building Official or their designee made thereunder shall be guilty of a violation punishable as set forth in section 133A-3 (A) of this Code. D. Aggravated failure to comply with notice. Any person who shall fail to comply with a written notice of a violation of the Chief Building Official or their designee within the time fixed for compliance therewith, and any owner of any such building or structure, or the architect, contractor or any other person in charge thereof, either as owner or agent who have not complied with any lawful order, notice, directive, permit or certificate of the Chief Building Official or their designee made thereunder shall be guilty of a violation punishable as set forth in section 133A-3 (B) of this Code where such failure to comply is committed Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. with a wanton disregard for the health and safety of the occupants of the subject building or the public at large. Article III Penalties § 133A-3 Penalties for offenses. A. [Building Code] General Penalties (1) When a person is [convicted of] found liable for failing to comply with any provision of [Chapter 133 or of] this Code that the Chief Building Official is empowered to enforce, the Uniform Fire Prevention and Building Code [(hereinafter “Uniform Code”)], or other laws or rules enforced by the department and orders of the Chief Building Official issued pursuant thereto, such person shall be subject to a fine of not more than $1,000 per day of violation [or imprisonment not exceeding one year, or both such fine and imprisonment]. (2) The term “person,” as used in this section, shall include the owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of the building or part thereof. (3) Each day of violation shall be deemed to constitute a separate offense. (4) Fines levied shall constitute civil forfeitures to the City of Albany. B. [Housing Code] Elevated Penalties. [(1) Any person convicted of a violation of the Housing Code (inclusive of noncompliance of administrative requirements), as defined under Part 3 or Part 4 of Chapter 231, shall be punished according to the following schedule: (a) First offense: a fine of not less than $250 nor more than $400 per day the violation remains unabated or five days' imprisonment, or 50 hours of community service, or any combination thereof. (b) Second offense for the same violation regarding the same person and property committed within three years after the first offense: a fine of not less than $500 nor more than $800 per day the violation remains unabated, or 10 days' imprisonment or 100 hours of community service, or any combination thereof. (c) Third offense for the same violation regarding the same person and property committed within three years after the first offense: a fine of not less than $1,000 nor more than $1,600 per day the violation remains unabated, or 15 days' imprisonment, or 150 hours of community service, or any combination thereof. Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. (d) The dispositions of matters prosecuted under this section shall be reported to the Common Council in the quarterly report. (2) All persons convicted of a violation of the Housing Code, as defined under Part 5 of Chapter 231, shall be fined not less than $250 nor more than $1,600. (3) The term "person," as used in this section, shall include the owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of building of part thereof. (4) Each day of violation shall be deemed to constitute a separate offense. (5) Fines levied shall constitute civil forfeitures to the City of Albany. (6) Any unpaid fines of an owner of premises shall be subject to the placement and recordation of a lien by the City of Albany against such premises.] (1) When a person is convicted of failing to comply with any provision of this Code with a wanton disregard for the health and safety of the occupants of the subject building or the public at large, the Uniform Fire Prevention and Building Code, other laws or rules enforced by the Department and orders of the Chief Building Official issued pursuant thereto, such person shall be subject to a fine of not more than $1,000 per day of violation or imprisonment not exceeding one year, or both such fine and imprisonment. (2) The term "person," as used in this section, shall include the owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of the building or part thereof. (3) Each day of violation shall be deemed to constitute a separate offense. (4) Fines levied shall constitute civil forfeitures to the City of Albany. Section 2. Chapter 133A (Building Construction and Housing: Special Provisions) of Part II (General Legislation) of the Code of the City of Albany is hereby further amended by adding a new Article IV, to be entitled “Peremptory Orders and Fees,” which will read as follows: Article IV Peremptory Orders and Fees § 133A-4 Peremptory Orders and fees. A. Stop Work Orders. Whenever the Chief Building Official or their designee finds that work or activity is being or has been performed in violation of this Code, the Uniform Fire Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. Prevention and Building Code, other laws or rules enforced by the department and orders of the Chief Building Official issued pursuant thereto, the Chief Building Official or their designee may issue a stop work order. (1) Issuance. Upon issuance of a stop work order by the Chief Building Official or their designee, all work shall immediately stop unless otherwise specified. Such order may require all persons to forthwith vacate the premises pursuant to subsection (B) of this section and may also require such work to be done as, in the opinion of the Chief Building Official or their designee, may be necessary to remove any danger therefrom. The police department or other law enforcement agency or officer shall, upon the request of the Chief Building Official or their designee, assist the Buildings Department in the enforcement of a stop work order. The stop work order may be given verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed promptly by a written order and shall include the reason for the issuance of the stop work order. (2) Unlawful continuance. No person with knowledge or notice of a stop work order shall allow, authorize, promote, continue or cause to be continued any work covered by the stop work order, except such work that may be required by order of the Chief Building Official or their designee. (3) Rescission. Upon application, the Chief Building Official or their designee shall rescind the stop work order when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for any violation of such order have been paid or, where a violation is pending, security for the payment of such penalties or fines has been posted in accordance with department rules, or where the stop work order was issued in error or conditions are such that it should not have been issued. The Chief Building Official may require the payment of a fee in the amount of the expense of additional inspection and administrative expense related to such stop work order except where doing so would impose such a fee on party making a good faith and legal request for service. (4) Tampering. It shall be unlawful to tamper with, remove or deface a written posted stop work order from the location where it was affixed by the Chief Building Official or their designee unless and until the Chief Building Official or their designee has so permitted its removal. The owner or other person in control of the location shall ensure that the stop work order remains posted until rescinded by the Chief Building Official. The Chief Building Official may require the payment of a fee in the amount of the expense of additional inspection and administrative expense related to the re-posting of such stop work order. B. Unsafe and Unfit Orders. Whenever any building, structure, place or premises or portion thereof is or may be perilous to life or property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in its construction, or deficiencies in fire alarm, fire extinguishing equipment or fire escape equipment, or by Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. reason of any condition in violation of law or order of the Chief Building Official or their designee, the Chief Building Official or their designee may declare that the same, to the extent that the Chief Building Official or their designee may specify, is unsafe and unfit and may order the same to be removed, sealed, abated, repaired, altered or otherwise improved. (1) Issuance. Upon issuance of an unsafe and unfit order by the Chief Building Official or their designee, the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons responsible for the condition giving rise to the unsafe and unfit order shall undertake to immediately remedy the condition giving rise to the unsafe and unfit order in the manner determined by the Chief Building Official or their designee to be reasonably necessary to remove the danger at the subject property including vacating the property and ensuring it remains vacant. Such order may require all persons to forthwith vacate the premises pursuant to the provisions of this section. The police department or other law enforcement agency or officer shall, upon the request of the Chief Building Official or their designee, assist the Buildings Department in the enforcement of an unsafe and unfit order. The unsafe and unfit order may be given verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons responsible for the condition giving rise to the unsafe and unfit order however, the Chief Building Official or their designee shall undertake to post a warning at the subject property reasonably calculated to advise those who would enter the building of the existence of the unsafe and unfit order. (a) Order to Vacate. In case any order to remedy a condition that is or may be imminently perilous, dangerous or detrimental to life, public safety or property, issued by the Chief Building Official or their designee is not complied with, or the Chief Building Official or their designee determines that an emergency exists requiring such action, the Chief Building Official or their designee may order and immediately cause any building, structure, place or premises or portion thereof to be vacated. The vacate order may be given verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons executing the work. (b) Enforcement of vacate order. All vacate orders issued pursuant to this section shall be posted upon the premises and made available to the public. The police department shall provide all reasonable assistance to the Buildings Department and other authorized officers and employees necessary to carry out the provisions of this section. A copy of the vacate order may be filed with the Albany County Clerk. Such filing shall be notice of the vacate order to any subsequent owner and such owner shall be subject to such order. (c) Unlawful continuance. No person with knowledge or notice of an unsafe and unfit order shall allow, authorize, promote, continue or cause to be Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. continued any activity prohibited by the unsafe and unfit order, except such work that may be required by order of the Chief Building Official or their designee. (2) Rescission. Upon application, the Chief Building Official or their designee shall rescind the unsafe and unfit order when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for any violation of such order have been paid or, where a violation is pending, security for the payment of such penalties or fines has been posted in accordance with department rules, or where the unsafe and unfit order was issued in error or conditions are such that it should not have been issued. The Chief Building Official may require the payment of a fee in the amount of the expense of additional inspection and response by City of Albany personnel and administrative expense, including expenses related to the relocation and/or rehousing of individuals affected by the unsafe and unfit order related to such unsafe and unfit order except where doing so would impose such a fee on party making a good faith and legal request for service. (3) Tampering. It shall be unlawful to tamper with, remove or deface a written posted unsafe and unfit order from the location where it was affixed unless and until the Chief Building Official or their designee has so permitted its removal. The owner or other person in control of the location shall ensure that the unsafe and unfit order remains posted until rescinded by the Chief Building Official. The Chief Building Official may require the payment of a fee in the amount of the expense of additional inspection and response by City of Albany personnel and administrative expense related to the re-posting of such stop work order. Section 3. This ordinance shall take effect upon final passage, public hearing, and filing with the Secretary of State. APPROVED AS TO FORM THIS 6TH DAY OF MARCH, 2021 ________________________________ Corporation Counsel Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Robert Magee, Deputy Corporation Counsel Laura Gulfo, Assistant Corporation Counsel Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: March 6, 2021 Sponsor: Council Member Anane LOCAL LAW H of 2021 TITLE LOCAL LAW AMENDING CHAPTER 133A (BUILDING CONSTRUCTION AND HOUSING: SPECIAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ISSUANCE OF NOTICE OF VIOLATIONS, PENALTIES, AND ENFORCEMENT OF STOP WORK AND UNSAFE AND UNFIT ORDERS UNDER THE NEW YORK STATE UNIFORM FIRE PREVENTION & BUILDING CODE AND ALBANY CITY CODE GENERAL PURPOSE OF THE LEGISLATION Changes to §133A-1 & 2 This language clarifies the form of notices of violation issued by the Department of Buildings & Regulatory Compliance, the manner in which they are issued, updates this section to explicitly provide for the enforcement of the Unified Sustainability Ordinance by the Buildings Department, and creates an aggravated violation which reserves the possibility of jail for extreme malfeasance. §133A-1, Notices of Violation, Scope: The existing language constrained the use of this section to the NYS Building Code and certain provisions of the city code. This broadens its application and allows the use of this notice of violation for the enforcement of all laws which the Chief Building Official is empowered to enforce. §133A-2(A), Notices of Violation, Violations; Notices of Violation; Service of Papers, Notices Violation: This specifies the parties which may receive or be subject to a notice of violation. The previous wording referred only to “persons responsible” for a violation, which courts have deemed to include only the owner of the building. The proposed change specifies that the notice of violation may be directed to the owner, their agent, contractors, and property managers. It also sets out what a notice of violation ought to include. §133A-2(B), Notices of Violation, Violations; Notices of Violation; Service of Papers, Service of Notice: This provision sets out how notices of violation are to be issued. The changes here provide flexibility to the Department in determining where to send notices of violation, allowing them to be sent to the address provided in the ROP, the address provided by the property owner to the assessor’s office for contact purpose, the most current address provided by the property owner to the Department, or, where the owner is a corporate entity, to the address on file with the NYS Department of State. The previous language required a search of the rental dwelling registry for the most recent address on the properties rental dwelling registration, which was often out of date or belonged to a previous owner and didn’t allow for service upon corporate owner by its registered address for service with the Secretary of State. With this clarification, the provision regarding on how individuals outside of the state must be issued NOVs has been deleted as duplicative. §133A-2(C), Notices of Violation, Violations; Notices of Violation; Service of Papers, Failure to comply with notice: This provision makes it a violation to fail to comply with a duly issued notice of violation. This refers to the new penalties provision, which includes a possible fine, but no imprisonment. §133A-2(D), Notices of Violation, Violations; Notices of Violation; Service of Papers, Aggravated failure to comply with notice: This provision makes it a violation to fail to comply with a duly issued notice of violation where failure to comply is done with a wanton disregard for the safety of a building’s occupants or the general public. This refers to the new penalties provision, which includes a possible fine and imprisonment. Changes to § 133A-3 This proposal clarifies the laws to which the penalties at ACC 133A-3 apply and creates two tiers of violation for most violations of laws enforced by the Buildings Department one of which includes the possibility of imprisonment for wanton code violations and a second which does not for typical code violations. §133A-3(1) Penalties for Offenses, General Penalties: Removes the possibility of imprisonment from the existing penalty language for standard code violations, which is $1,000 for each day of non-compliance. §133-A3(2) Penalties for Offenses, Elevated Penalties: This takes the current penalty language, which includes $1,000 per day fine and the possibility of imprisonment up to one year, and reserves it for wanton violations. Changes to § 133A-4 The purpose of this proposal is to confirm and codify the NYS Department of Buildings & Regulatory Compliance’s ability to issue stop work and unsafe and unfit orders. This proposal formalizes the process related to the issuance of stop work and unsafe and unfit orders. The previous law at ACC 133-49 and ACC 133-55 could be read to restrict the issuance of stop work orders and unsafe and unfit orders to limited instances and did not specify the Department’s administrative remedies in resolving stop work orders. This proposal sets out, codifies, and supports the Building Department’s current practice with respect to stop work orders and unsafe and unfit orders. §133A-4(A) Stop Work Orders: This specifically empowers the Chief Building Official to issue stop work orders where work is being done or has been done illegally. §133A-4(A)(1) Stop Work Orders, Issuance: Provides that stop work orders may be issued orally, obligates the subject of the order to cease work, cease occupancy, and comply with the directives of the Chief Building Official to remediate the violation. §133A-4(A)(2) Stop Work Orders, Unlawful Continuance: This makes the violation of a stop work order a violation unto itself. §133A-4(A)(3) Stop Work Orders, Rescission: Provides the process by which a stop work order may be rescinded. Specifically, it requires that the responsible party pay necessary fees and fines and receive proper approvals as a condition of lifting a stop work order. This also empowers the Chief Building Official to require the responsible party to pay an administrative fee as a condition of lifting the stop worker equal to the administrative cost of issuing the stop work order. §133A-4(A)(4) Stop Work Orders, Tampering: Provides that tampering with a stop work order placard prior to the order’s rescission or without the Chief Building Official’s permission. §133A-4(B) Unsafe & Unfit Orders: Explicitly empowers the Chief Building Official to issue an unsafe and unfit order in cases involving immediate peril to a property’s occupants or the general public. §133A-4(B)(1) Unsafe & Unfit Orders, Issuance: Provides what the Chief Building Official may direct to ameliorate the condition underlying the order and the parties subject to the Chief Building Official’s direction. It also provides the Chief Building Official with the authority to require the responsible party to pay an administrative fee equal to the cost to the city in responding to the condition underlying the order and in issuing the unsafe and unfit order. §133A-4(B)(1)(a) Unsafe & Unfit Orders, Issuance, Order to Vacate: Provides the manner in which an order to vacate may be issued by the Chief Building Official. §133A-4(B)(1)(b) Unsafe & Unfit Orders, Issuance, Enforcement: Provides the manner of enforcing a vacate order and empowers the Chief Building Official to file the order with the Albany County Court. §133A-4(B)(1)(c) Unsafe & Unfit Orders, Issuance, Unlawful Continuance: Provides that failing to comply with an unsafe and unfit order is a separate violation. §133A-4(B)(2) Unsafe & Unfit Orders, Issuance, Rescission: Sets out the process for lifting an unsafe and unfit order and empowers the Chief Building Official to require the payment of a fee equal to the cost to the City of responding to the condition underlying the order and in enforcing the order. §133A-4(B)(3) Unsafe & Unfit Orders, Issuance, Tampering: This provision prohibits tampering with an unsafe and unfit notice. NECESSITY FOR LEGISLATION (§133A-1 & 2) The measures here are largely intended as housekeeping designed to better reflect and support the current procedures of the Department and the City Court. (§ 133A-3) These changes more appropriately tailor penalties to code violations (§ 133A-4) This proposal codifies and supports the Building Department’s ability to respond to emergent dangers presented by illegal building work and buildings which present an immediate health and safety threat. It also empowers the Building Department to cover some of the costs imposed by illegal work or egregious failures to maintain buildings, which often require a response from multiple City departments, by providing for an administrative fee to recover those costs. FISCAL IMPACT (§ 133A-4) Insofar as this provides for administrative fees as a condition of lifting a stop work or unsafe and unfit order, it will result in a modest increase Council Member Fahey introduced the following LOCAL LAW I OF 2021 LOCAL LAW REPEALING PARTS 4 (RESIDENTIAL OCCUPANCY PERMIT) AND 5 (RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW PART 4 OF SUCH CHAPTER ENTITLED “RENTAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY” IN RELATION TO THE CITY’S RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY PROGRAMS Be it enacted, by the Common Council of the City of Albany as follows: Section 1. Part 4 (Residential Occupancy Permit) and Part 5 (Rental Dwelling Registry) of Chapter 231 (Housing) of Part II (General Legislation) of the Code of the City of Albany are hereby REPEALED in their entirety, and a new Part 4, entitled “Rental Occupancy Permit and Residential Dwelling Registry,” is hereby added to read as follows: Part 4 Rental Occupancy Permit and Rental Dwelling Registry § 231-128 Title. This Part 4 shall be known as the “Residential Dwelling Registry and is supplementary and applicable to provisions of Part 2 of Chapter 231 (“the Housing Code”) of the City of Albany. § 231-129 Purpose and scope. The purpose and scope of this part is to provide uniform administration and compliance with the requirements of this Part applicable to the rental dwelling registry. The purpose of this Part is to protect the health, safety and welfare of residents, to protect a diverse housing stock from deterioration and to accomplish the foregoing at the lowest cost to owners and occupants in order to keep housing costs as low as reasonably possible in a manner consistent with compliance with this Code. The Common Council finds and declares that the registration of rental property is intended to and will ensure the protection of persons and property in all existing residential rental structures and on all premises required to be registered under this Part and ensure that rental property owners and prospective rental property owners are informed of, and adhere to, code provisions governing the use and maintenance of rental properties, including provisions limiting the maximum occupancy for which a rental dwelling unit can be certified. § 231-130 Definitions. For the purposes of this Part, the following terms shall have the meanings set forth in this section, unless different meanings are clearly indicated by the context in which they appear: EMERGENCY CONTACT An individual who resides in Albany County or any adjacent county who shall respond either individually or through an agent to the property at all times on thirty minutes’ notice in the event of emergencies and who, if not the owner, has the authority to act on the owner’s behalf and access all areas of a rental dwelling in the event of such emergencies. RENTAL DWELLING Any building which contains a rental dwelling unit. RENTAL DWELLING UNIT Any room or group of rooms within a rental dwelling which are used or intended to be used by one or more persons for living and sleeping with or without facilities for cooking and eating which is occupied by an individual or household for living and sleeping pursuant to an agreement with a third-party which does not so occupy the room or group of rooms. § 231-131 Registration of rental dwellings required. All rental dwelling units shall be registered according to the provisions in this Part except where the agreement governing the rental unit is between individuals related by lineal consanguinity or directly by marriage. § 231-132 Registration of rental dwellings. A. Registration. The City shall maintain a registry of all rental dwelling units and rental dwellings containing the following information, which shall be provided to the Department of Buildings and Regulatory Compliance by the owner thereof on forms available from the Department of Buildings and Regulatory Compliance: (1) Owner Information. The name, legal residence address and telephone number of the owner or owners, or in the event that the owner is a corporate entity, the names, addresses, and telephone numbers of at least one officer(s), partner(s), and/or member(s) responsible for the property, an address for service of process, and the entity’s Employer Identification Number (EIN), if applicable. (2) Further Owner Information. A copy of government-issued identification for, or the driver’s license number or social security number of, each owner of the property, or if the owner is a corporate entity, a copy of government-issued identification for, or the driver’s license number or social security number of, the officer, partner, or member responsible for the property. (3) Agent Information. The name, contact address, and telephone number of any agent of the owner in control of the rental dwelling. (4) Emergency Contacts. The names, telephone numbers, email addresses, and contact addresses of two emergency contacts for the rental dwelling who shall be designated primary and secondary contacts. (5) Property Information. (a) The address of the rental dwelling. (b) The tax map parcel number of the rental dwelling. (c) The number of rental dwelling units in the rental dwelling. (d) A list of units in the rental dwelling as they are referred to at the premises. (6) Certification. Certification by the property owner that the registered rental dwelling units are, to the best of the owner’s knowledge, safe, habitable, and in compliance with all relevant New York State building codes and the City of Albany Code. B. Inspection. (1) All residential rental dwelling units shall be inspected and certified by the Department of Buildings and Regulatory Compliance (hereinafter “the Department”), which shall determine compliance with, administer and enforce all applicable provisions of this Code and the NYS Fire Prevention & Building Code. The Chief Building Official or their designee may accept such inspections and certifications from uninterested and qualified third-party inspectors where sufficient proof of such inspection is provided. Residential occupancy permits shall be valid for 24 months from the date of issuance. (2) Nothing contained herein shall be construed or operate to invalidate an otherwise legally effective permit or certificate issued prior to the effective date of this Part, except that such permit or certificate shall be valid only until the permit or certificate’s expiration date, or two years from the effective date of this Part, or a change in the tenancy of the residential rental dwelling unit to which the permit or certificate relates, whichever occurs first. (3) Except as otherwise provided herein, it shall be unlawful and a violation of this Part to rent, lease, or otherwise allow the occupancy of any residential rental dwelling unit without the inspection and certification as required herein. (4) If, upon inspection, said premises are found not to comply with applicable provisions of this Code or the Uniform Code, the specific reasons for noncompliance shall be specified in writing in a notice and order, in the manner set forth in Chapter 133A of this Code. Occupants or proposed occupants of dwellings shall have the right to inspect the certificate of occupancy of the residential rental dwelling unit, apartment or multiple residence in which they have an interest at no cost. (5) When inspecting a dwelling unit within a multiresidential complex, as defined in section 313-12 of this Code, the Department shall inspect and certify compliance with the provisions of section 313-14 of this Code requiring the establishment of solid waste private collection and source separation facilities in such complexes. No residential occupancy permit for a dwelling unit under this Part 4 shall be issued unless the multiresidential complex is in compliance with section 313-14 of this Code. C. Renewal and Update. It shall be the obligation of the rental dwelling owner to register the rental dwelling with the Department of Buildings and Regulatory Compliance and it shall be the obligation of the current or succeeding owner or owner’s agent to update registration information with the Department of Buildings and Regulatory Compliance within thirty days of any change. There shall be no cost associated with such an update. D. Continuing Compliance. Upon registration, it shall be the obligation of the rental dwelling owner to ensure that the rental dwelling and all rental dwelling units contained therein comply with all relevant New York State building codes and the City of Albany codes. In the event of such non-compliance a rental dwelling unit may be deregistered and have its residential occupancy permit suspended according to Albany City Code. E. Except as otherwise provided herein, it shall be unlawful and a violation of this chapter to rent, lease or otherwise allow the occupancy of any rental dwelling unit without said rental dwelling unit having been registered in accordance with this Part. No owner, agent or person in charge shall collect rents during any period of noncompliance with the provisions of this part which would otherwise be due and owing for the rental of premises unless and until he or she shall have complied with the provisions herein. Nothing herein shall be construed to prevent a landlord, upon receipt of the residential occupancy permit, from receiving the equitable value of the occupancy of the premises from the earliest date of occupancy, but in no event shall a landlord recover in excess of the agreed rent in the form of late fees or other penalties. F. All rental dwelling units within a given rental dwelling must have the same registration expiration date. When it becomes necessary to do so, the Department of Buildings and Regulatory compliance may extend the registration period for the purpose of ensuring all rental dwelling units in a rental dwelling have the same registration period so long as the registration fee is pro-rated over the extended registration period or, in the event that there is a delay in registration caused by noncompliance, the registration termination date for a rental dwelling unit shall be the same as that of the already registered rental dwelling units in the rental dwelling. G. The passage of an inspection pursuant to this part or the issuance of a residential occupancy permit shall not constitute a waiver of any rights or immunities accorded the City of Albany as a municipal corporation pursuant to the laws of the State of New York or other provision of the Code of the City of Albany, in particular, Chapter 24 of this Code, nor shall the passage of an inspection pursuant to this part constitute a representation that any rental dwelling or rental dwelling unit is free of danger or entirely free of NYS Uniform Fire Prevention and Building Code or Albany City Code violations. § 231-133 Fees. A. To offset the administrative costs of preparing and maintaining the Rental Dwelling Registry there shall be, except for owner-occupied rental dwellings containing not more than one rental unit owned by one or more natural persons, all of whom are aged 65 years or older, a fee of $50 for each unit or $100 for a residential unit which has not had an active Residential Occupancy Permit for more than forty-five days at the time the new Residential Occupancy Permit is applied for. B. The following schedule of fees shall apply with respect to the inspection and certification of residential dwelling units: (1) There shall be no fee for an initial inspection to determine compliance with the applicable provisions of this Code, or for a first re-inspection. (2) Any and all subsequent re-inspection(s) necessary to determine compliance with required corrective action or repairs shall be subject to a fee of $50 per unit inspected. (3) Failure to appear within 15 minutes of a scheduled inspection (“no show”) shall result in a fee of the lesser of $50 per unit or $300. (4) Cancellation of a scheduled inspection less than 24 hours before that scheduled inspection (“late cancellation”) shall result in a fee of the lesser of $50 per unit or $100. (5) Cancellation of a scheduled inspection less than 24 hours before the scheduled inspection for the unit more than once or after a “no show” (“second cancellation”) shall result in a fee of the lesser of $75 per unit or $300. C. Fees prescribed under this section for failure to appear at, and cancellation of, a scheduled inspection may be waived at the discretion of the Commissioner or their designee for good cause shown. D. Unpaid fees shall be subject to the placement and recording of a lien by the City of Albany against the inspected property. E. The fees set forth in this Part may be increased at the discretion of the Department of Buildings and Regulatory Compliance as may be deemed necessary by the Chief Building Official to recover the administrative cost of issuing residential occupancy permits and maintaining the rental dwelling registry provided that so such increase shall exceed five percent in a given calendar year. § 231-134 Residential Occupancy Permit. A. Upon successful registration of a rental dwelling, the Department of Buildings and Regulatory Compliance shall issue to the owner of the rental dwelling or the owner’s agent or designee a Residential Occupancy Permit. B. The Residential Occupancy Permit shall contain the following information: (1) A statement indicating that all units in the rental dwelling are subject to the Residential Occupancy Permit or, if certain units have not been registered, a statement indicating which units are not the subject of the Residential Occupancy Permit; (2) The name and contact phone numbers of the building owner’s agents and emergency contact(s); (3) The contact information for the City of Albany Police Department, Fire Department, and Department of Buildings and Regulatory Compliance; (4) Contact information for available tenant advocacy resources as determined by the Chief Building Official; (5) The statement: “Retaliation against a tenant by a landlord for a tenant’s ‘good faith complaint, by or in behalf of the tenant, to a governmental authority of the landlord’s alleged violation of any health or safety law, regulation, code, or ordinance’ is illegal under New York State Real Property Law § 223-b. Any tenant concerned about such retaliation should consult an attorney.”; (6) The statement: “Pursuant to section 231-132 (a) of the Albany City Code it shall be unlawful and a violation of Albany City Code to rent, lease or otherwise allow the occupancy of any rental dwelling unit without said rental dwelling unit having been registered on the City of Albany Rental Dwelling Registry. No owner, agent or person in charge may collect rents while a rental dwelling unit is unregistered.”; and (7) The rental dwelling’s Rental Dwelling Registration expiration date. C. The Residential Occupancy Permit shall be posted conspicuously adjacent to the primary egress point in the rental dwelling to which said Residential Occupancy Permit applies or, if there is no such common egress point, at all common egress points. § 231-135 Registration renewal and de-registration. A. Rental dwelling units shall be re-registered in accordance with this Chapter every twenty- four months or after New York State building codes or Albany City Code compliance has been achieved following de-registration. B. Where the Department of Buildings and Regulatory Compliance determines that a rental dwelling and/or rental dwelling unit is in violation of the New York State building codes, the rental dwelling units may be de-registered according the following procedure: (1) The Department of Buildings and Regulatory Compliance, after discovering a violation, shall notify the responsible party of the alleged violation(s) in writing. (2) If the violation has not been corrected within thirty-days, or fourteen days in the event of violations imposing a threat to the health and safety of building occupants or public at large as determined by the Department of Buildings and Regulatory Compliance, of mailing of said notice, the rental dwelling unit containing the violation or all rental dwelling units affected by the violation may be de-registered by the Chief Building Official or their designee subject to the following conditions: (i) Where the Chief Building Official or their designee determines that a lack of compliance is attributable to a tenant’s refusal to allow a rental dwelling owner or their designee sufficient access to an area under the exclusive control of the tenant which must be accessed in order to obtain compliance, the compliance period shall be extended to the fourteenth day of consecutive access after the date the rental dwelling owner secures such access provided that reasonable action is taken to ameliorate the effect of such a violation on tenants other than the tenant denying access. Where the code violation is attributable to the actions of a tenant and affects only the offending tenant, deregistration shall not occur until fourteen days after these conditions no longer obtain. (ii.) If the Department of Buildings and Regulatory Compliance is not able to confirm compliance due to a tenant’s explicit or implicit refusal to allow re-inspection of the affected area, the period of compliance shall be extended to the date the Department is granted the ability to perform a re-inspection. (iii.) Where the rental dwelling owner has made a good faith effort to comply within the time allowed, has taken concrete steps towards compliance, and where the underlying violation is not a threat to health and safety, the Department may extend the compliance period for up to sixty additional days. (3) Upon the correction of the violation, the rental dwelling unit(s) shall be re- registered on the Rental Dwelling Registry by the owner. If a court of law determines that the rental dwelling unit was de-registered in error, the rental dwelling unit(s) shall be re-registered on the Rental Dwelling Registry by the Chief Building Official or their designee. The expiration of rental dwelling registration following de-registration pursuant to this section shall be same as the period as that of the rental dwelling unit’s most recent registration or, if that date has expired, determined according to section 231-132 (F) of this Code. There shall be no fee for re-registration following a determination in a court of law that no violation occurred. § 231-136 Penalties for offenses. Any person who shall knowingly and willfully violate or assist in the violation of this Part, or who fails to comply with a notice and order issued by the Department under this Part shall, upon conviction, be punished as set forth in Chapter 133A of this Code. Nothing contained in this Part shall preclude the City from enforcing violations of New York State building codes and the Code of the City of Albany independently pursuant to Chapter 133A of this Code. Section 2. This local law shall take effect upon final passage, public hearing, and filing with the Secretary of State. APPROVED AS TO FORM THIS 19TH DAY OF MARCH, 2021 _____________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Robert Magee, Esq., Deputy Corporation Counsel Laura Gulfo, Esq., Assistant Corporation Counsel Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: March 19, 2021 Sponsor: Council Member Fahey LOCAL LAW I of 2021 TITLE A LOCAL LAW REPEALING PARTS 4 (RESIDENTIAL OCCUPANCY PERMIT) AND 5 (RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW PART 4 OF SUCH CHAPTER ENTITLED “RENTAL DWELLING REGISTRY” IN RELATION TO THE CITY’S RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY PROGRAMS GENERAL PURPOSE OF LEGISLATION This local law updates the City of Albany’s rental dwelling registry and residential occupancy permit programs. This legislation updates the existing residential dwelling permit and rental dwelling registry program based on what we have learned, institutionally, from the program over nearly two decades. They will make it easier for tenants, landlords, and the City to track program compliance and make the program more useful for all parties. Finally, it will empower the Buildings Department to impose better-tailored negative consequences on bad actors. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW § 231-130 Definitions: This section is drawn from §231-138 of the current law. It includes a more specific definition of dwelling unit which clarifies that an apartment with three unrelated occupants is not required to obtain three ROPs. Additionally, it eliminates several definitions which are no longer useful or were never meaningfully used and adds a definition for “emergency contact” as it is later used in the section on what is to be included on an ROP application. § 231-131 Registry of Rental Dwellings Required: This requires all units that are rented to obtain an ROP, except where the landlord and tenant are immediate family. § 231-132 Registration of Rental Dwellings, Registration: This section specifies what a rental dwelling unit owner must provide in their ROP application. In addition to what was required previously §231-143, this proposal requires that the owner provide a copy of government issued id or a NYS driver’s license number, or social security number. For corporate owners, this information must be provided by at least one principal along with the corporation’s EIN. It also requires that the applicant provide two emergency contacts, though one contact may be the owner if they meet the definition of an emergency contact per §1. Finally, it requires that the applicant certify that the units are safe and habitable. § 231-133(2) Registration of Rental Dwellings, Inspection: It modifies the original language to allow the Chief Building Official to accept third party inspections for rental occupancy permits from qualified third-party inspectors to address changes in the law since the original passage of the residential occupancy permit/rental dwelling registry ordinance. It includes a provision to encourage the uniform registration of units in large buildings. § 231-134 Fees: This section increases the fee for ROPs which are issued for the first time to the unit or are applied for more than 45 days after the last ROP expired to from $50 to $100. This creates a late fee intended to encourage timely renewal. It maintains fees associated with excess ROP inspections, though it reduces the potential cost of cancelled or no-show inspections by capping fees for those at $100 for late cancellations and $300 for failure to show-up at a scheduled inspection or repeated untimely cancellations. It permits the Chief Building Official to increase these fees by 5% per year. § 231-135 Residential Occupancy Permit: This proposal requires that an ROP be posted at the property and include the property’s emergency contact information, the building department’s contact information, a statement regarding tenants’ rights against retaliation, and contact information for available tenant services organizations as determined by the Chief Building Official. § 231-136 Registration renewal and de-registration: This proposal reduces the registration period from 30 to 24 months. It also provides the Chief Building Official with the authority to revoke an ROP where a notice of violation has not been complied with, involves violations that present a threat to health and safety, and the owner has failed to make a good faith effort to address the violations. FISCAL IMPACT This will increase ROP revenues insofar as it decreases the active ROP period and provides for late fees. Council Member __________ introduced the following: LOCAL LAW J of 2021 A LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INSTALLATION AND REPAIR OF SERVICE LINES AND REPLACEMENT OF LEAD SERVICE LINES Be it enacted by the Common Council of the City of Albany as follows: Section 1. Chapter 371 of the Code of the City of Albany is amended by adding a new Article VIII, entitled “Service Lines,” to read as follows: Article VIII. Service Lines § 371-88 General regulations. A. Prior to the installation or repair of service lines, the property owner shall make an application for a permit to the Commissioner. Upon approval of the application, the property owner shall pay all required charges, fees and deposits and obtain the necessary street opening and any other required permits. B. Tapping and making connections to the water mains must, in all cases, be done by authorized employees of the Water Department and shall not be done by any other persons, unless acting with the written permission or direction of the Commissioner. C. Unless otherwise directed, no new service line shall be made available for use of water until all inactive service lines have been shut off permanently at the corporation at the water main. D. Unless otherwise directed, no new service line shall be made available for the use of water until the new line has been tested and disinfected in accordance with Chapter 261 of this Code (The Plumbing Code) and as approved by the Commissioner. The property owner shall pay any charges associated with this procedure. § 371-89 Installation. A. Unless otherwise specified, new service lines and replacements of existing service lines shall be a minimum of 3/4 inch in diameter. Service lines up to and including two inches in diameter shall be of copper tubing (Type K) with flared/compression joints unless otherwise permitted and service lines greater than two inches in diameter shall be of cast iron or ductile iron cement-lined pipe. There shall be no repair of galvanized iron or lead service lines. Such lines shall be replaced by copper lines unless otherwise permitted. B. The property owner shall, at their own expense, do all work necessary for the installation of the service line, including but not limited to the cost of materials and labor, excavation, shoring, backfilling, dewatering, rodding, concrete thrust blocks and surface restoration, in a manner satisfactory to the Commissioner, except for tapping and making connections to the water main. C. No tap shall be made until the depth of the trench and dimensions of excavation are such as will allow adequate room for tapping the main and for laying the service line. The permittee shall notify the Commissioner not less than 24 hours in advance, exclusive of weekends and holidays, that the trench is ready for the tap and installation of the service line or fire line. D. In general, the trenches excavated for service lines shall be straight and perpendicular to the water main opposite the owner’s property. If the main is in an unusual location or because of solid rock, the Commissioner may grant permission to lay the line in another generally accepted manner. E. Not more than one premises shall be connected to any one tap and service line. The word “premises” as used herein shall mean: (1) A building under one roof owned or leased by one party and occupied as a residence or for business or commercial purposes. (2) A group or combination of buildings in one common enclosure owned or leased by one party or occupied by one family or one corporation or firm or as a place of business or for manufacturing or industrial purposes or as a hospital or other public institution. (3) One side of a double house having a solid vertical partition wall. (4) A building owned or leased by one party, containing more than one apartment and having one entrance and using one hall in common. (5) A building owned or leased by one party having a number of apartments, offices or lofts, which are rented to tenants. (6) A public building such as a town hall, school house, fire engine house, etc. (7) A single lot or park or playground. (8) Each house in a row of houses. F. Domestic service lines in all cases shall be separate from fire service lines. Unless otherwise approved by the Commissioner, fire service lines shall not be less than four inches in diameter. § 371-90 Special equipment and materials for taps. Where the property owner requests a tap on a water main which is of a material other than cast iron or ductile iron, special equipment and materials may be required. The City shall not be held liable for any delay in obtaining special equipment and materials needed to complete the work. § 371-91 Responsibility of owners. A. The property owner shall, at their expense, including all necessary labor and materials, install, maintain, and keep in good repair and proper operating condition all service lines serving the property. The Commissioner may direct the owner to replace or repair, as directed, any and all parts of the service line serving said property which, in the Commissioner’s opinion, may be necessary to prevent leakage or waste of water or damage to property. All repairs to water service lines shall be performed at the customer’s expense to City specifications and shall be subject to inspection and approval by the Commissioner. B. Property owners shall, at their expense, including all necessary labor and materials, keep the service line curb box readily accessible to the Water Department for the purposes of turning water off or on. They shall also maintain the boxes level with the surface of adjoining ground, pavement, walk or driveway for the safety of pedestrians or other traffic. C. The City shall not be responsible for its inability to turn water off or on in the event that the water service valve is inaccessible or inoperable, nor shall it be liable on account of injury to persons or damage to property by reasons of the fact that the curb box or curb stop or any part of the service line was not maintained in accordance with these rules and regulations. D. The City shall not be liable in any way for injury to persons or damage to property by reason of breaks, obstructions, leaks in service lines and house piping or any part thereof as the result of frost or necessary maintenance operations of the Water Department or any other cause. E. Any service line or any part thereof which may become frozen shall be thawed, repaired, or replaced by the property owner at their expense, as directed by the Commissioner. APPROVED AS TO FORM THIS 22ND DAY OF MARCH, 2021 _____________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: March 25, 2021 Sponsor(s) To be determined LOCAL LAW J of 2021 TITLE A LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INSTALLATION AND REPAIR OF SERVICE LINES AND REPLACEMENT OF LEAD SERVICE LINES GENERAL PURPOSE OF THE LEGISLATION Under this legislation, property owners must apply to the Water Department “[p]rior to the installation or repair of service lines.” The legislation also lays out rules and regulations for service and installation of service lines, once approved, including by specifying the type and quality of materials to be used and regulations for the type and location of trenches dug to access service line. More specifically, the local law states that “There shall be no repair of galvanized iron or lead service lines. Such lines shall be replaced by copper lines unless otherwise permitted.” Thus, this legislation will prohibit even the repair of lead service lines in most situations; such lines must instead be replaced with copper. Under this legislation, the cost of such repairs will be borne by the property owner. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This legislation is part of a broader effort by the Water Department to move forward with its program of replacing lead service lines in the City. By creating a requirement in the Code by which the entirety of a lead service must be replaced when a water service is exposed for repair or replacement work, the Water Department will be able to effectively eliminate spot repairs or half service replacements, which are very common and likely increase lead levels for a home with lead service lines. FISCAL IMPACT None, as the cost for such repairs will be borne by the property owner, not the City. Council Member Love introduced the following: RESOLUTION NUMBER 32.41.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CALLING ON THE MAYOR OF THE CITY OF ALBANY AND OUR COUNTY, STATE, AND FEDERAL PARTNERS TO IMPLEMENT MORE INCENTIVES FOR AFFORDABLE HOMEOWNERSHIP AND GRANTS FOR HOMEOWNER MAINTENANCE ASSISTANCE WHEREAS, in the early 20th century, Albany's downtown areas (Arbor Hill, South End, Livingston Ave) were redlined by banks – a process by which banks would decline to issue mortgages for purchases of homes (See 1938 Home Owners Loan Corporation map); and WHEREAS, on November 2, 2017, the Republican Congress introduced the Tax Cuts and Jobs Act of 2017, which was subsequently signed into law in December 2017; and WHEREAS, the Tax Cuts and Jobs Act of 2017 introduced the concept of “Opportunity Zones.” Opportunity Zones are federal economic development tools focused on improving the outcomes of communities across the country, especially in areas that have suffered from disinvestment over many years. Opportunity Zones are designated low-income census tracts where tax incentives are available to groups or individuals who invest in an Opportunity Fund (i.e., an investment vehicle for injecting money in an Opportunity Zone) and hold their capital gains in Opportunity Zone-related assets or property; and WHEREAS, these “Zones” are the same or very similar areas that were redlined in our country’s history; and WHEREAS, Opportunity Zones have exacerbated gentrification around the country and displaced black and brown working-class people from their homes and only benefits investors and not the people living in these underserved neighborhoods; and WHEREAS, a majority of funding by both Federal and State grants are for affordable rental housing and provide a much smaller percentage, if any at all, towards affordable homeownership; and WHEREAS, homeownership allows for many opportunities especially for black, brown, and people of color to create generational wealth and can minimize, if not prevent, the impacts of gentrification; and WHEREAS, the County has created the Albany County Land Bank Corporation. However, the renovations required for fixing homes available through the Land Bank are out of reach for many families; and WHEREAS, many homeowners need assistance with the maintenance of their homes and the cost of renovations in Albany are typically higher due to costs associated with living in a historic city; and NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany calls on the Mayor, our County, State, and Federal partners to implement more incentives for affordable homeownership and grants for homeowner maintenance assistance; and BE IT FURTHER RESOLVED, that the clerk is directed to send a copy of this resolution to the County Executive and Chairman of the County Legislature as well as our State and Federal representatives. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: March 22, 2021 Sponsor(s) Council Member Love RESOLUTION NUMBER 32.41.21R TITLE A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CALLING ON THE MAYOR OF THE CITY OF ALBANY AND OUR COUNTY, STATE, AND FEDERAL PARTNERS TO IMPLEMENT MORE INCENTIVES FOR AFFORDABLE HOMEOWNERSHIP AND GRANTS FOR HOMEOWNER MAINTENANCE ASSISTANCE GENERAL PURPOSE OF LEGISLATION Calling on the Mayor and our partners at the county, state, and federal levels to implement more incentives for affordable homeownership and grants for homeowner maintenance assistance. FISCAL IMPACT(S) None. Council Member _______ introduced the following: RESOLUTION NUMBER 33.41.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF TWO FULL TIME POSITIONS AND THE CREATION OF TWO OTHERS, WHICH WILL AFFECT SALARY TOTALS FOR THE 2021 BUDGET (OFFICE OF THE TREASURER) WHEREAS, section 603(D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate or salary total occurs outside of those described in the duly adopted budget requires the approval of the Common Council; and WHEREAS, the Treasurer’s Office has requested the elimination of one Account Clerk position and one Administrative Assistant position; and WHEREAS, the Treasurer’s Office has requested that these positions be replaced by two Accountant positions; and WHEREAS, the Treasurer’s Office proposes to make up difference in salaries between the Account Clerk and Administrative Assistant positions and the Accountant positions from the Treasurer’s Office’s postage budget; and WHEREAS, these changes are reflected in the following charts: Eliminate Account Clerk 1325.7000 $36,050 Eliminate Administrative Assistant 1325.7000 $36,050 Decrease Postage 1325.7470 $14,420 Total $86,520 Create Accountant 1325.7000 $43,260 Create Accountant 1325.7000 $43,260 Total $86,520 NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds affecting salary totals due to the elimination of one Account Clerk and one Administrative Assistant position and the creation of two Accountant and positions within the Treasurer’s Office for the 2021 budget year. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: March 22, 2021 Sponsor(s): To be determined RESOLUTION NUMBER 33.41.21R TITLE A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF TWO FULL TIME POSITIONS AND THE CREATION OF TWO OTHERS, WHICH WILL AFFECT SALARY TOTALS FOR THE 2021 BUDGET (OFFICE OF THE TREASURER) GENERAL PURPOSE OF LEGISLATION The Treasurer has requested that two Account Clerk positions in his office be eliminated and replaced with two Accountant positions. This will result in a salary increase for each position from $ 36,050 to $43,260. The difference of $7,210 per position will be taken from the Treasurer’s postage budget, from which spending has been reduced by switching waste collection fee billing from separate bills to tax bills. The Treasurer has also requested the elimination of its sole Administrative Assistant position, to be replaced by an Account Clerk position. These positions have the same salary as one another. NECESSITY FOR LEGISLATION AND CHANGE TO EXISTING LAW Pursuant to section 603(D)(b) of the City Charter “any transfer of budgeted funds that affects any salary rate or salary total” requires the approval of the Common Council. FISCAL IMPACT(S) These changes represent a difference of $7,210, which will be covered by unused funds from the Treasurer’s Office’s postage budget. Council Member _______ introduced the following: RESOLUTION NUMBER 34.41.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT SALARY TOTALS FOR THE 2021 BUDGET (DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE) WHEREAS, section 603(D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate or salary total occurs outside of those described in the duly adopted budget requires the approval of the Common Council; and WHEREAS, the Department of Buildings and Regulatory Compliance (“the Department”) has requested the elimination of one Clerk/Typist I position; and WHEREAS, the Department has requested that this Clerk/Typist I position be replaced by a Permit Technician position; and WHEREAS, this change will be budget neutral, because the Department proposes to reduce the salary of the existing Permit Technician position from $43,181 to $39,000; and WHEREAS, these changes are reflected in the following charts: Eliminate Clerk/Typist I 3620.7000 $32,019 Decrease Permit Technician 3620.7000 $4,181 Total $36,200 Create Permit Technician 3620.7000 $36,200 Total $36,200 NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds affecting salary totals due to the elimination of one Clerk/Typist I position, the creation of one Permit Technician position, and a decrease in the salary of another Permit Technician position within the Department of Buildings and Regulatory Compliance for the 2021 budget year. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: March 24, 2021 Sponsor(s): To be determined RESOLUTION NUMBER 34.41.21R TITLE A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT SALARY TOTALS FOR THE 2021 BUDGET (DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE) GENERAL PURPOSE OF LEGISLATION The Department of Buildings and Regulatory Compliance has requested that the Clerk/Typist I position in its office be eliminated and replaced with a second Permit Technician position – this one with a salary of $36,200 – because the Permit Technician is more in line with the Department’s current needs than is the Clerk/Typist I position. NECESSITY FOR LEGISLATION AND CHANGE TO EXISTING LAW Pursuant to section 603(D)(b) of the City Charter “any transfer of budgeted funds that affects any salary rate or salary total” requires the approval of the Common Council. FISCAL IMPACT(S) This change will be made budget neutral by reducing the salary of the existing Permit Technician position by $4,181: from $43,181 to $39,000. Council Members Flynn, Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, Robinson with the support of Council President Ellis introduced the following: RESOLUTION NUMBER 35.41.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CONDEMNING ALL FORMS OF ANTI-ASIAN RACISM WHEREAS, 23 million Asian Americans and Pacific Islanders account for 7 percent of the population in the United States and account for nearly 7 percent of the population in the City of Albany; and WHEREAS, over 2 million Asian Americans and Pacific Islanders are working on the front lines of the COVID–19 pandemic in health care, law enforcement, first responders, transportation, supermarkets, and other service industries; and WHEREAS, the use of anti-Asian terminology and rhetoric related to COVID–19, such as the “Chinese Virus,” “Wuhan Virus,” and ‘‘Kung-flu’’ have perpetuated anti-Asian stigma; and WHEREAS, the use of anti-Asian rhetoric has resulted in Asian Americans being harassed, assaulted, and scapegoated for the COVID–19 pandemic; and WHEREAS, since January 2020, there has been a dramatic increase in reports of hate crimes and incidents against those of Asian descent; and WHEREAS, according to a recent report, there are nearly 3,000 reported cases of anti- Asian discrimination related to COVID–19 between March 19, 2020, and December 31, 2020; and WHEREAS, fear in our Asian communities has mounted since the murder of eight people, including six Asian American women in Georgia; and WHEREAS, President Biden issued an Executive Memorandum on his 6th day in office committing the Federal government to condemn and combat racism, xenophobia, and intolerance against Asian Americans and Pacific Islanders in the United States; and WHEREAS, #StopAsianHate NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany condemns and denounces all forms of anti-Asian racism, including those relating to COVID-19; and BE IT FURTHER RESOLVED, that the Common Council recognizes that the health and safety of all residents, no matter their background, must be the utmost priority; and BE IT FURTHER RESOLVED, that the Common Council condemns all manifestations and expressions of racism, xenophobia, discrimination, anti-Asian sentiment, scapegoating, and ethnic or religious intolerance and recommits the City of Albany to serve as a leader in building a more inclusive diverse and tolerant city. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: March 24, 2021 Sponsor(s) Council Members Flynn, Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, Robinson with the support of Council President Ellis RESOLUTION NUMBER 35.41.21R TITLE A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CONDEMNING ALL FORMS OF ANTI-ASIAN RACISM GENERAL PURPOSE OF LEGISLATION Condemning all forms of anti-Asian racism. FISCAL IMPACT(S) None. MINUTES OF A REGULAR MEETING MONDAY, April 5, 2021 The Common Council was convened at 7:00 p.m. and was called to order by President Pro Tempore Kimbrough. This meeting was held following Governor Cuomo’s executive order 202.1 and it live-streamed on Facebook using Zoom as the meeting platform. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. The roll being called, the following answered to their names: Anane, Balarin, Conti, Doesscahte, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, and O’Brien Also present was the following staff: Danielle Gillespie, John-Raphael Pichardo, and Jared Pellerin Council President Pro Tempore Kimbrough asked Hon. Anane to lead the Pledge of Allegiance. PUBLIC HEARING There was a Public Hearing on Ordinance 46.122.20, no one signed up to speak during the Public Hearing for Ordinance 46.122.20, and President Pro Tempore Kimbrough deemed the Public Hearing closed. PUBLIC COMMENT PERIOD 1. Rana Morris, Albany, NY (Tear Gas) 2. Christine Dippolito, Nassau, NY (Rubber Bullets) 3. Lauren Manning, Albany, NY (Local Law C) 4. Thomas Mueller, Albany, NY (Local Law C) 5. Brielle Mastrioni, Albany, NY (Rubber Bullets) 6. Elston Mackey, Albany, NY (Resolution 27.31.21) 7. Caitlin Anadio-Pitkin, 255 Orange St, Suite 104, Albany, NY(Housing Legislation) 8. Marshall Miller, Elm Street, Albany, NY 12202 (Local Law I) 9. Roger Markovics, 38 Myrtle Ave, Albany, NY (Housing Legislation) 10. Nesta Littlejohn, 7 Elm St., Albany, NY 12202 (Chemical Weapons and Kinetic Munitions) 11. John O’Grady, 817 Livingston Ave., Albany, NY (Housing Legislation) 12. Sridar Chittur, Albany, NY (Resolution 35.41.21R) 13. Destiny Harris, Albany, NY (Local Law C) 14. Jessica Maxwell, Troy, NY (Local Law C, Transformative Justice, Elevate 518, Housing Legislation) 15. Stephen Negron, 55 Ten Broeck St, Albany, NY (Local Law C) 1 WRITTEN COMMENT 1. Maria Roger Markovics 2. Gabriel Silva 3. Alice Green, Ph.D., Pine West Plaza Building, Albany, NY (Local Law C) 4. Susan DuBois, 24 Jeanette St., Albany, NY (Housing Legislation) 5. Rev. Joe Paparone, (Housing Legislation) 6. Aden Suchak, South End of Albany, NY (Housing Legislation) 7. Patrick Shower, (Tear Gas) 8. Ariel Shower, (Rubber Bullets) There being no further speakers or submission of written comments, the President declared the Public Comment Period closed. Approval of Minutes Majority Leader Farrell made a motion to approve the minutes of March 15, 2021 meeting of the Council, which was duly seconded, and APPROVED by unanimous voice vote. CONSIDERATION OF LOCAL LAWS: Council Member Balarin noticed Local Law F of 2021 as follows, which was held for further consideration: LOCAL LAW F OF 2021 LOCAL LAW AMENDING PART 2 (COURTS AND LEGAL PROCEDURES) OF CHAPTER 30 (COURTS AND LEGAL PROCEDURES) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EVICTION PROCEEDINGS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article XXII (Rules of Practice of the City Court of Albany) of Part 2 (City Court Act) of Chapter 30 (Courts and Legal Procedures) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended by adding a Section 30-323, to read as follows: §30-323 Special rules for eviction proceeding Filing of Residential Occupancy Permit Required. No action for eviction may be commenced without the Petitioner’s having submitted to the Court a copy of the most recently-issued Residential Occupancy Permit issued according to Part 4 of Chapter 231 of this Code for the rental dwelling unit of which the Petitioner is seeking possession or an allegation that deregistration and suspension of said Residential Occupancy permit was done in violation of this Chapter. Section 2. Part 2 (City Court Act) of Chapter 30 (Courts and Legal Procedures) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended by adding an Article XXIII, entitled “Prohibition of Eviction Without Good Cause,” to read as follows: Article XIII Prohibition of Eviction Without Good Cause § 30-324 Short Title. This article shall be cited as the “Prohibition of Eviction Without Good Cause Law.” §30-325 Definitions. 2 A. The term “housing accommodation,” as used in this article, shall mean any residential premises located in the City of Albany. B. The term “landlord,” as used in this article, shall mean any owner, lessor, sublessor, assignor, or other person receiving or entitled to receive rent for the occupancy of any housing accommodation or an agent of any of the foregoing. C. The term “tenant” as used in this article shall mean a tenant, sub-tenant, lessee, sublessee, assignee, manufactured home tenant as defined in paragraph one of subsection (A) of section two hundred thirty-three of this chapter, an occupant of a rooming house or hotel as defined in section seven hundred eleven of the Real Property Actions and Proceedings Law or any other person entitled to the possession, use or occupancy of any housing accommodation. D. The term “rent” as used in this article shall mean any consideration, including any bonus, benefit or gratuity demanded or received for or in connection with the possession, use or occupancy of housing accommodations or the execution or transfer of a lease for such housing accommodations. E. The term “disabled person” as used in this article shall mean a person who has an impairment which results from anatomical, physiological or psychological conditions, other than addiction to alcohol, gambling, or any controlled substance, which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques, and which are expected to be permanent and which substantially limit one or more of such person's major life activities. § 30-326 Applicability. This article shall apply to all housing accommodations except: A. Owner-occupied premises with less than four units; B. Premises sublet pursuant to section two hundred twenty-six-b of the Real Property Law or otherwise, where the sublessor seeks in good faith to recover possession of such housing accommodation for their own personal use and occupancy; C. Premises where the possession, use or occupancy of which is solely incident to employment and such employment is being lawfully terminated; and D. Premises otherwise subject to regulation of rents or evictions pursuant to state or federal law to the extent that such state or federal law requires “good cause” for termination or non-renewal of such tenancies. § 30-327 Necessity for good cause. No landlord shall, by action to evict or to recover possession, by exclusion from possession, by failure to renew any lease, or otherwise, remove any tenant from housing accommodation except for good cause as defined in section three hundred twenty-eight of this article. § 30-328 Grounds for removal of tenants 3 A. No landlord shall remove a tenant from any housing accommodation, or attempt such removal or exclusion from possession, notwithstanding that the tenant has no written lease or that the lease or other rental agreement has expired or otherwise terminated, except upon order of a court of competent jurisdiction entered in an appropriate judicial action or proceeding in which the petitioner or plaintiff has established one of the following grounds as good cause for removal or eviction: (1) The tenant has failed to pay rent due and owing, provided, however, that the rent due and owing, or any part thereof, did not result from a rent increase or pattern of rent increases which, regardless of the tenant's prior consent, if any, is unconscionable or imposed for the purpose of circumventing the intent of this article. In determining whether all or part of the rent due and owing is the result of an unconscionable rent increase or pattern of rent increases, the Court may consider, among other factors, i) the rate of the increase relative to the tenant’s ability to afford said increase, ii) improvements made to the subject unit or common areas serving said unit, iii) whether the increase was precipitated by the tenant engaging in the activity described at section 223-b (1(a)-(c) of the Real Property Actions and Proceedings Law, iv) significant market changes relevant to the subject unit, and v) the condition of the unit or common areas serving the unit, and it shall be a rebuttable presumption that the rent for a dwelling not protected by rent regulation is unconscionable or imposed for the purpose of circumventing the intent of this article if said rent has been increased in any calendar year by a percentage exceeding five percent; (2) The tenant is violating a substantial obligation of their tenancy, other than the obligation to surrender possession, and has failed to cure such violation after written notice that the violation cease within ten days of receipt of such written notice, provided however, that the obligation of tenancy for which violation is claimed was not imposed for the purpose of circumventing the intent of this article; (3) The tenant is committing or permitting a nuisance in such housing accommodation, or is maliciously or by reason of negligence damaging the housing accommodation; or the tenant's conduct is such as to interfere with the comfort of the landlord or other tenants or occupants of the same or adjacent buildings or structures; (4) Occupancy of the housing accommodation by the tenant is in violation of or causes a violation of law and the landlord is subject to civil or criminal penalties therefor; provided however that the City of Albany has issued an order requiring the tenant to vacate the housing accommodation. No tenant shall be removed from possession of a housing accommodation on such ground unless the court finds that the cure of the violation of law requires the removal of the tenant and that the landlord did not, through neglect or deliberate action or failure to act, create the condition necessitating the order to vacate. In instances where the landlord does not undertake to cure conditions of the housing accommodation causing such violation of the law, the tenant shall have the right to pay or secure payment in a manner satisfactory to the court, to cure such violation provided that any tenant expenditures shall be applied against rent to which the landlord is entitled. In instances where removal of a tenant is absolutely essential to their health and safety, the removal of the tenant shall be without prejudice to any leasehold interest or other right of occupancy the tenant may have and the tenant shall 4 be entitled to resume possession at such time as the dangerous conditions have been removed. Nothing herein shall abrogate or otherwise limit the right of a tenant to bring an action for monetary damages against the landlord to compel compliance by the landlord with all applicable laws; (5) The tenant is using or permitting the housing accommodation to be used for an illegal purpose; (6) The tenant has unreasonably refused the landlord access to the housing accommodation for the purpose of making necessary repairs or improvements required by law or for the purpose of showing the housing accommodation to a prospective purchaser, mortgagee, or other person having a legitimate interest therein; (7) The landlord seeks in good faith to recover possession of a housing accommodation located in a building containing fewer than twelve units because of immediate and compelling necessity for their own personal use and occupancy as their principal residence, or the personal use and occupancy as principal residence of their partner, spouse, parent, child, stepchild, father-in-law or mother-in-law, when no other suitable housing accommodation in such building is available. This paragraph shall permit recovery of only one housing accommodation and shall not apply to a housing accommodation occupied by a tenant who is sixty-two years of age or older or who is a disabled person; (8) The landlord seeks in good faith to recover possession of any or all housing accommodations located in a building with less than five units to personally occupy such housing accommodations as their principal residence; (9) The owner-landlord has in good faith entered into a contract for the sale of the housing accommodation and such contract requires that the housing accommodation be transferred free and clear of any and all residential tenancy obligations as a condition of such sale where the owner-landlord has no shared financial or other interest with the potential buyer other than the sale of the housing accommodation in question and submitted sufficient proof to the court thereof; or (10) Except where notice is issued pursuant this subsection for the purpose of circumventing the intent of this article, where the owner-landlord has notified the tenant in writing of the owner-landlord’s intention not to renew a written lease not less than five months in advance of the non-renewal date and the tenant consents, provided that at the time of filing of an eviction proceeding the landlord has in good-faith entered into an enforceable lease agreement with a different party in an arms-length transaction for the premises occupied by the tenant. The non-renewal notice provided for in this section must include language advising the tenant of their right to renew their tenancy and thereby reject the non-renewal, that tenant’s consent must be provided in writing and that the tenant may not be subjected to retaliation for such rejection. The tenant’s consent may be withdrawn any time prior to the owner-landlord’s entrance into new lease agreement for the subject premises. 5 B. A tenant required to surrender a housing accommodation by virtue of the operation of paragraph (7), (8), or (9) of subsection (A) of this section shall have a cause of action in any court of competent jurisdiction for damages, declaratory, and injunctive relief against a landlord or purchaser of the premises who makes a fraudulent statement regarding a proposed use of the housing accommodation. In any action or proceeding brought pursuant to this provision a prevailing tenant shall be entitled to recovery of actual damages, and reasonable attorneys' fees. C. Nothing in this section shall abrogate or limit the tenant's right, pursuant to section seven hundred fifty-one of the Real Property Actions and Proceedings Law, to permanently stay the issuance or execution of a warrant or eviction in a summary proceeding, whether characterized as a nonpayment, objectionable tenancy, or holdover proceeding, the underlying basis of which is the nonpayment of rent, so long as the tenant complies with the procedural requirements of section seven hundred fifty-one of the Real Property Actions and Proceedings Law. § 30-329 Preservation of existing requirements of law. No action shall be maintainable and no judgment of possession shall be entered for housing accommodations pursuant to this article, unless the landlord has complied with any and all applicable laws governing such action or proceeding and has complied with any and all applicable laws governing notice to tenants including, without limitation, the manner and the time of service of such notice and the contents of such notice. § 30-330 Waiver of rights void. Any agreement by a tenant heretofore or hereinafter entered into in a written lease or other rental agreement waiving or modifying their rights as set forth in this article shall be void as contrary to public policy. § 30-331 Severability. If any provision of this act, or any application of any provision of this act, is held to be invalid, that shall not affect the validity or effectiveness of any other provision of this act, or of any other application of any provision of this act, which can be given effect without that provision or application; and to that end, the provisions and applications of this act are severable. § 30-332 Effective Date This article shall take effect upon final passage, public hearing, and filing with the Secretary of State and shall apply to actions and proceedings commenced on or after such effective date. Section 3. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State. Majority Leader Farrell referred Local Law F of 2021 to the Law, Buildings, and Code Enforcement Committee Council Member Conti noticed Local Law G of 2021 as follows, which was held for further consideration: LOCAL LAW G OF 2021 LOCAL LAW AMENDING ARTICLE IX (BUILDING CONSTRUCTION & REGULATION) OF PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE 6 CODE OF THE CITY OF ALBANY IN RELATION TO THE POWER OF THE CHIEF BUILDING OFFICIAL TO ACT IN EMERGENCIES Be it enacted, by the Common Council of the City of Albany as follows: Section 1. Section 133-55 (Power to act in emergencies) of Article IX (Building Construction and Regulation) of Part 2 (Building Construction) of Chapter 133 (Building Construction) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 133-55 - Power to act in emergencies. A. Whenever the [Commissioner] Chief Building Official finds that a violation of this Part 2 exists which, in [his] their opinion, requires immediate action to abate a direct hazard or an immediate danger to the health, safety or welfare of the occupants of a building or of the public, the [Commissioner] Chief Building Official may, without prior notice or hearing, take any action authorized herein which is reasonably necessary to abate or remove the condition. B. Such action may include but is not limited to demolition of the building or structure, vacating the occupants of the premises and of surrounding premises, closing of public or private streets or rights-of- way, termination of utility service, erection of barricades and other protections and the performance of physical work on the premises. C. Recovery of any cost incurred with respect to the abatement of an emergency by the [Commissioner] Chief Building Official shall take place pursuant to the provisions of this Part 2, and the [Commissioner of Buildings] Chief Building Official is hereby authorized and empowered to employ such labor and furnish such materials and take such steps as in [his] their judgment may be necessary to make the building safe. D. The value of the work done and the materials furnished in doing said work, or any part thereof, under and by direction of the Department of Buildings, as provided for in the last section, shall, when properly certified by the [Commissioner of Buildings] Chief Building Official, be audited and paid by the City in the same manner as other claims against the City are audited and paid, and the amount so paid [shall be and remain a lien against the property upon which the work is done] shall constitute a debt recoverable from the owner and a lien upon the building and lot, and upon the rents and other income thereof, and shall be collected by the City from the owner of such property in the same manner as taxes are collected, and the City may institute an action at law against such owner, owners or occupants to recover the cost thereof. The remedy by action at law shall be in addition to the right to assess the cost as a lien against the property. Section 2. This ordinance shall take effect upon final passage, public hearing, and filing with the Secretary of State. Majority Leader Farrell referred Local Law G of 2021 to the Law, Buildings, and Code Council Member Anane noticed Local Law H of 2021 as follows, which was held for further consideration: LOCAL LAW H OF 2021 7 LOCAL LAW AMENDING CHAPTER 133A (BUILDING CONSTRUCTION AND HOUSING: SPECIAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ISSUANCE OF NOTICES OF VIOLATIONS, PENALTIES, AND ENFORCEMENT OF STOP WORK AND UNSAFE AND UNFIT ORDERS UNDER THE NEW YORK STATE UNIFORM FIRE PREVENTION & BUILDING CODE AND ALBANY CITY CODE Be it enacted, by the Common Council of the City of Albany as follows: Section 1. Chapter 133A (Building Construction and Housing: Special Provisions) of Part II (General Legislation) of the Code of the City of Albany is hereby amended as follows: Article I General Provisions § 133A-1 Scope. This chapter shall establish the procedures applicable to the manner of service of notices of violation, by whatever designation, [provided in] by the Chief Building Official or their designee for the violation any provision of Chapter 133[,] (Building Construction), [and Chapter 231, Housing, in the context of the enforcement of the requirements of those chapters of the] Chapter 171 (Electricity), Chapter 375 (Unified Sustainable Development Ordinance), orders issued pursuant to Article 2B of the NYS Executive Law, Chapter 261 (Plumbing) State Uniform Fire Prevention and Building Code and of any other local or state law which the Chief Building Official is empowered to enforce. This chapter further shall establish the penalties applicable to a conviction of a violation of any of the provisions of [Chapter 133 and Chapter 231] the aforementioned laws, chapters, directives, and codes for which no other penalty is expressly provided therein. Article II Service of Notices § 133A-2 Violations; Notices of violations of code; service of papers. A. [Service of notice. All notices issued pursuant to the provisions of Chapter 133 or Chapter 231 to restrain or remove any violation or to enforce compliance with any provision or requirement of such chapters may be served by: (1) Delivering to an leaving a copy of the same with any person or persons violating, or who may be liable under any of the several provisions of such chapters; (2) By registered or certified mail to the most current address on file in the Rental Dwelling Registry under § 231-143, if any; (3) If none is on file, to the most current address on file in the City Department of Assessment and Taxation; or (4) If such person or persons cannot be served by any of the aforesaid methods, after diligent search shall have been made for him or them, then such notice or order may be served by posting the same in a conspicuous place upon the premises where such violation is alleged to exist, or to which such notice may refer, or which may be deemed unsafe or dangerous, which shall be equivalent to personal service of said notice upon all parties for whom such search shall have been made; or (5) By any other method of service authorized pursuant to Article 3 of the Civil Practice Law and Rules.] Notices of Violation. Whenever it shall appear to the satisfaction of the Chief Building Official or their designee that the condition of any building, structure, or parcel, or part thereof is in violation of any of the provisions of this code, the Uniform Fire Prevention and Building Code, other laws or rules enforced 8 by the department and orders of the Chief Building Official issued pursuant thereto, the Chief Building Official is hereby authorized to serve upon the person or persons responsible for the violation, including but not limited to the owner of any such building or structure, or the architect, contractor or any other person in charge thereof, either as owner or agent, a notice of violation, in writing, which shall: (1) Set forth the parcel upon which the violation was discovered; (2) Specify the condition or conditions of such parcel, including all improvements thereon, which is in violation of the provisions of this code; (3) Direct that the violation be discontinued within such time prescribed in the notice as determined by the Chief Building Official or their designee as reasonable for such discontinuance under the circumstances; (4) Bear the official seal of the City of Albany and/or Buildings Department; (5) Include contact information for the Buildings Department; and (6) Provide notice to the subject of the notice of violation of the penalties of non-compliance with said notice as set forth in this chapter. B. [Notice by mail to owners residing out of state. If the person or persons or any of them to whom said notice is directed do not reside in the State of New York and have no known place of business therein, the same may be served by delivering to, and leaving with, such person or persons, or either of them, a copy of said notice, or if said person or persons cannot be found within said state after diligent search, then by posting a copy of the same in the manner as aforesaid and depositing a copy thereof in a post office in the City of Albany, enclosed in a sealed wrapper addressed to said person or person at his or their last known place of residence, with the postage paid thereon; and said posting and mailing a copy of said notice shall be equivalent to personal service of said notice.] Service of notice. All notices issued pursuant to the provisions of Chapter 133 or Chapter 231 to restrain or remove any violation or to enforce compliance with any provision or requirement of such chapters may be served by: (1) Delivering to and leaving a copy of the same with any person or persons violating, or who may be liable under any of the several provisions of such chapters; or (2) Registered or certified mail to the most current address on file in the Rental Dwelling Registry under section 231-143 of this Code; or (3) Registered or certified mail to an address provided to the Department of Buildings in the preceding three years as a contact address for the property and/or owner allegedly in violation; or (4) Registered or certified mail to the most current address on file in the City Department of Assessment and Taxation; or (5) Registered or certified mail to the official address for the service of process provided by the owner to the New York State Department of State; or (6) If such person or persons cannot be served by any of the aforesaid methods, after diligent search shall have been made for him or them, then by posting the same in a conspicuous place upon the premises where such violation is alleged to exist, or to which such notice may refer, or which may be deemed unsafe or dangerous, which shall be equivalent to personal service of said notice upon all parties for whom such search shall have been made; or 9 (7) Any other method of service authorized pursuant to Article 3 of the Civil Practice Law and Rules. C Failure to comply with notice. Any person who shall fail to comply with a written notice of violation of the Chief Building Official or their designee within the time fixed for compliance therewith, and any owner of any such building or structure, or the architect, contractor or any other person in charge thereof, either as owner or agent who have not complied with any lawful order, notice, directive, permit or certificate of the Chief Building Official or their designee made thereunder shall be guilty of a violation punishable as set forth in section 133A-3 (A) of this Code. D. Aggravated failure to comply with notice. Any person who shall fail to comply with a written notice of a violation of the Chief Building Official or their designee within the time fixed for compliance therewith, and any owner of any such building or structure, or the architect, contractor or any other person in charge thereof, either as owner or agent who have not complied with any lawful order, notice, directive, permit or certificate of the Chief Building Official or their designee made thereunder shall be guilty of a violation punishable as set forth in section 133A-3 (B) of this Code where such failure to comply is committed with a wanton disregard for the health and safety of the occupants of the subject building or the public at large. Article III Penalties § 133A-3 Penalties for offenses. A. [Building Code] General Penalties (1) When a person is [convicted of] found liable for failing to comply with any provision of [Chapter 133 or of] this Code that the Chief Building Official is empowered to enforce, the Uniform Fire Prevention and Building Code [(hereinafter “Uniform Code”)], or other laws or rules enforced by the department and orders of the Chief Building Official issued pursuant thereto, such person shall be subject to a fine of not more than $1,000 per day of violation [or imprisonment not exceeding one year, or both such fine and imprisonment]. (2) The term “person,” as used in this section, shall include the owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of the building or part thereof. (3) Each day of violation shall be deemed to constitute a separate offense. (4) Fines levied shall constitute civil forfeitures to the City of Albany. B. [Housing Code] Elevated Penalties. [(1) Any person convicted of a violation of the Housing Code (inclusive of noncompliance of administrative requirements), as defined under Part 3 or Part 4 of Chapter 231, shall be punished according to the following schedule: (a) First offense: a fine of not less than $250 nor more than $400 per day the violation remains unabated or five days' imprisonment, or 50 hours of community service, or any combination thereof. (b) Second offense for the same violation regarding the same person and property committed within three years after the first offense: a fine of not less than $500 nor 10 more than $800 per day the violation remains unabated, or 10 days' imprisonment or 100 hours of community service, or any combination thereof. (c) Third offense for the same violation regarding the same person and property committed within three years after the first offense: a fine of not less than $1,000 nor more than $1,600 per day the violation remains unabated, or 15 days' imprisonment, or 150 hours of community service, or any combination thereof. (d) The dispositions of matters prosecuted under this section shall be reported to the Common Council in the quarterly report. (2) All persons convicted of a violation of the Housing Code, as defined under Part 5 of Chapter 231, shall be fined not less than $250 nor more than $1,600. (3) The term "person," as used in this section, shall include the owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of building of part thereof. (4) Each day of violation shall be deemed to constitute a separate offense. (5) Fines levied shall constitute civil forfeitures to the City of Albany. (6) Any unpaid fines of an owner of premises shall be subject to the placement and recordation of a lien by the City of Albany against such premises.] (1) When a person is convicted of failing to comply with any provision of this Code with a wanton disregard for the health and safety of the occupants of the subject building or the public at large, the Uniform Fire Prevention and Building Code, other laws or rules enforced by the Department and orders of the Chief Building Official issued pursuant thereto, such person shall be subject to a fine of not more than $1,000 per day of violation or imprisonment not exceeding one year, or both such fine and imprisonment. (2) The term "person," as used in this section, shall include the owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of the building or part thereof. (3) Each day of violation shall be deemed to constitute a separate offense. (4) Fines levied shall constitute civil forfeitures to the City of Albany. Section 2. Chapter 133A (Building Construction and Housing: Special Provisions) of Part II (General Legislation) of the Code of the City of Albany is hereby further amended by adding a new Article IV, to be entitled “Peremptory Orders and Fees,” which will read as follows: Article IV Peremptory Orders and Fees § 133A-4 Peremptory Orders and fees. A. Stop Work Orders. Whenever the Chief Building Official or their designee finds that work or activity is being or has been performed in violation of this Code, the Uniform Fire Prevention and Building Code, other laws or rules enforced by the department and orders of the Chief Building Official issued pursuant thereto, the Chief Building Official or their designee may issue a stop work order. 11 (1) Issuance. Upon issuance of a stop work order by the Chief Building Official or their designee, all work shall immediately stop unless otherwise specified. Such order may require all persons to forthwith vacate the premises pursuant to subsection (B) of this section and may also require such work to be done as, in the opinion of the Chief Building Official or their designee, may be necessary to remove any danger therefrom. The police department or other law enforcement agency or officer shall, upon the request of the Chief Building Official or their designee, assist the Buildings Department in the enforcement of a stop work order. The stop work order may be given verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed promptly by a written order and shall include the reason for the issuance of the stop work order. (2) Unlawful continuance. No person with knowledge or notice of a stop work order shall allow, authorize, promote, continue or cause to be continued any work covered by the stop work order, except such work that may be required by order of the Chief Building Official or their designee. (3) Rescission. Upon application, the Chief Building Official or their designee shall rescind the stop work order when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for any violation of such order have been paid or, where a violation is pending, security for the payment of such penalties or fines has been posted in accordance with department rules, or where the stop work order was issued in error or conditions are such that it should not have been issued. The Chief Building Official may require the payment of a fee in the amount of the expense of additional inspection and administrative expense related to such stop work order except where doing so would impose such a fee on party making a good faith and legal request for service. (4) Tampering. It shall be unlawful to tamper with, remove or deface a written posted stop work order from the location where it was affixed by the Chief Building Official or their designee unless and until the Chief Building Official or their designee has so permitted its removal. The owner or other person in control of the location shall ensure that the stop work order remains posted until rescinded by the Chief Building Official. The Chief Building Official may require the payment of a fee in the amount of the expense of additional inspection and administrative expense related to the re-posting of such stop work order. B. Unsafe and Unfit Orders. Whenever any building, structure, place or premises or portion thereof is or may be perilous to life or property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in its construction, or deficiencies in fire alarm, fire extinguishing equipment or fire escape equipment, or by reason of any condition in violation of law or order of the Chief Building Official or their designee, the Chief Building Official or their designee may declare that the same, to the extent that the Chief Building Official or their designee may specify, is unsafe and unfit and may order the same to be removed, sealed, abated, repaired, altered or otherwise improved. 12 (1) Issuance. Upon issuance of an unsafe and unfit order by the Chief Building Official or their designee, the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons responsible for the condition giving rise to the unsafe and unfit order shall undertake to immediately remedy the condition giving rise to the unsafe and unfit order in the manner determined by the Chief Building Official or their designee to be reasonably necessary to remove the danger at the subject property including vacating the property and ensuring it remains vacant. Such order may require all persons to forthwith vacate the premises pursuant to the provisions of this section. The police department or other law enforcement agency or officer shall, upon the request of the Chief Building Official or their designee, assist the Buildings Department in the enforcement of an unsafe and unfit order. The unsafe and unfit order may be given verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons responsible for the condition giving rise to the unsafe and unfit order however, the Chief Building Official or their designee shall undertake to post a warning at the subject property reasonably calculated to advise those who would enter the building of the existence of the unsafe and unfit order. (a) Order to Vacate. In case any order to remedy a condition that is or may be imminently perilous, dangerous or detrimental to life, public safety or property, issued by the Chief Building Official or their designee is not complied with, or the Chief Building Official or their designee determines that an emergency exists requiring such action, the Chief Building Official or their designee may order and immediately cause any building, structure, place or premises or portion thereof to be vacated. The vacate order may be given verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons executing the work. (b) Enforcement of vacate order. All vacate orders issued pursuant to this section shall be posted upon the premises and made available to the public. The police department shall provide all reasonable assistance to the Buildings Department and other authorized officers and employees necessary to carry out the provisions of this section. A copy of the vacate order may be filed with the Albany County Clerk. Such filing shall be notice of the vacate order to any subsequent owner and such owner shall be subject to such order. (c) Unlawful continuance. No person with knowledge or notice of an unsafe and unfit order shall allow, authorize, promote, continue or cause to be continued any activity prohibited by the unsafe and unfit order, except such work that may be required by order of the Chief Building Official or their designee. (2) Rescission. Upon application, the Chief Building Official or their designee shall rescind the unsafe and unfit order when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for any violation of such order have been paid or, where a violation is pending, security for the payment of such penalties or fines has been posted in accordance with department rules, or where the unsafe and unfit order was issued in error or conditions are such that it should not have been issued. The Chief Building Official may require the payment of a fee in the 13 amount of the expense of additional inspection and response by City of Albany personnel and administrative expense, including expenses related to the relocation and/or rehousing of individuals affected by the unsafe and unfit order related to such unsafe and unfit order except where doing so would impose such a fee on party making a good faith and legal request for service. (3) Tampering. It shall be unlawful to tamper with, remove or deface a written posted unsafe and unfit order from the location where it was affixed unless and until the Chief Building Official or their designee has so permitted its removal. The owner or other person in control of the location shall ensure that the unsafe and unfit order remains posted until rescinded by the Chief Building Official. The Chief Building Official may require the payment of a fee in the amount of the expense of additional inspection and response by City of Albany personnel and administrative expense related to the re- posting of such stop work order. Section 3. This ordinance shall take effect upon final passage, public hearing, and filing with the Secretary of State. Majority Leader Farrell referred Local Law H of 2021 to the Law, Buildings, and Code Enforcement Committee Council Member Fahey noticed Local Law I of 2021 as follows, which was held for further consideration: LOCAL LAW I OF 2021 LOCAL LAW REPEALING PARTS 4 (RESIDENTIAL OCCUPANCY PERMIT) AND 5 (RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW PART 4 OF SUCH CHAPTER ENTITLED “RENTAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY” IN RELATION TO THE CITY’S RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY PROGRAMS Be it enacted, by the Common Council of the City of Albany as follows: Section 1. Part 4 (Residential Occupancy Permit) and Part 5 (Rental Dwelling Registry) of Chapter 231 (Housing) of Part II (General Legislation) of the Code of the City of Albany are hereby REPEALED in their entirety, and a new Part 4, entitled “Rental Occupancy Permit and Residential Dwelling Registry,” is hereby added to read as follows: Part 4 Rental Occupancy Permit and Rental Dwelling Registry § 231-128 Title. This Part 4 shall be known as the “Residential Dwelling Registry and is supplementary and applicable to provisions of Part 2 of Chapter 231 (“the Housing Code”) of the City of Albany. § 231-129 Purpose and scope. The purpose and scope of this part is to provide uniform administration and compliance with the requirements of this Part applicable to the rental dwelling registry. The purpose of this Part is to protect the health, safety and welfare of residents, to protect a diverse housing stock from deterioration and to accomplish the foregoing at the lowest cost to owners and occupants in order to keep housing costs as low as reasonably possible in a manner consistent with compliance with this Code. 14 The Common Council finds and declares that the registration of rental property is intended to and will ensure the protection of persons and property in all existing residential rental structures and on all premises required to be registered under this Part and ensure that rental property owners and prospective rental property owners are informed of, and adhere to, code provisions governing the use and maintenance of rental properties, including provisions limiting the maximum occupancy for which a rental dwelling unit can be certified. § 231-130 Definitions. For the purposes of this Part, the following terms shall have the meanings set forth in this section, unless different meanings are clearly indicated by the context in which they appear: EMERGENCY CONTACT An individual who resides in Albany County or any adjacent county who shall respond either individually or through an agent to the property at all times on thirty minutes’ notice in the event of emergencies and who, if not the owner, has the authority to act on the owner’s behalf and access all areas of a rental dwelling in the event of such emergencies. RENTAL DWELLING Any building which contains a rental dwelling unit. RENTAL DWELLING UNIT Any room or group of rooms within a rental dwelling which are used or intended to be used by one or more persons for living and sleeping with or without facilities for cooking and eating which is occupied by an individual or household for living and sleeping pursuant to an agreement with a third-party which does not so occupy the room or group of rooms. § 231-131 Registration of rental dwellings required. All rental dwelling units shall be registered according to the provisions in this Part except where the agreement governing the rental unit is between individuals related by lineal consanguinity or directly by marriage. § 231-132 Registration of rental dwellings. A. Registration. The City shall maintain a registry of all rental dwelling units and rental dwellings containing the following information, which shall be provided to the Department of Buildings and Regulatory Compliance by the owner thereof on forms available from the Department of Buildings and Regulatory Compliance: (1) Owner Information. The name, legal residence address and telephone number of the owner or owners, or in the event that the owner is a corporate entity, the names, addresses, and telephone numbers of at least one officer(s), partner(s), and/or member(s) responsible for the property, an address for service of process, and the entity’s Employer Identification Number (EIN), if applicable. (2) Further Owner Information. A copy of government-issued identification for, or the driver’s license number or social security number of, each owner of the property, or if the owner is a corporate entity, a copy of government-issued identification for, or the driver’s license number or social security number of, the officer, partner, or member responsible for the property. 15 (3) Agent Information. The name, contact address, and telephone number of any agent of the owner in control of the rental dwelling. (4) Emergency Contacts. The names, telephone numbers, email addresses, and contact addresses of two emergency contacts for the rental dwelling who shall be designated primary and secondary contacts. (5) Property Information. (a) The address of the rental dwelling. (b) The tax map parcel number of the rental dwelling. (c) The number of rental dwelling units in the rental dwelling. (d) A list of units in the rental dwelling as they are referred to at the premises. (6) Certification. Certification by the property owner that the registered rental dwelling units are, to the best of the owner’s knowledge, safe, habitable, and in compliance with all relevant New York State building codes and the City of Albany Code. B. Inspection. (1) All residential rental dwelling units shall be inspected and certified by the Department of Buildings and Regulatory Compliance (hereinafter “the Department”), which shall determine compliance with, administer and enforce all applicable provisions of this Code and the NYS Fire Prevention & Building Code. The Chief Building Official or their designee may accept such inspections and certifications from uninterested and qualified third-party inspectors where sufficient proof of such inspection is provided. Residential occupancy permits shall be valid for 24 months from the date of issuance. (2) Nothing contained herein shall be construed or operate to invalidate an otherwise legally effective permit or certificate issued prior to the effective date of this Part, except that such permit or certificate shall be valid only until the permit or certificate’s expiration date, or two years from the effective date of this Part, or a change in the tenancy of the residential rental dwelling unit to which the permit or certificate relates, whichever occurs first. (3) Except as otherwise provided herein, it shall be unlawful and a violation of this Part to rent, lease, or otherwise allow the occupancy of any residential rental dwelling unit without the inspection and certification as required herein. (4) If, upon inspection, said premises are found not to comply with applicable provisions of this Code or the Uniform Code, the specific reasons for noncompliance shall be specified in writing in a notice and order, in the manner set forth in Chapter 133A of this Code. Occupants or proposed occupants of dwellings shall have the right to inspect the certificate of occupancy of the residential rental dwelling unit, apartment or multiple residence in which they have an interest at no cost. (5) When inspecting a dwelling unit within a multi-residential complex, as defined in section 313- 12 of this Code, the Department shall inspect and certify compliance with the provisions of section 313-14 of this Code requiring the establishment of solid waste private collection and source separation facilities in such complexes. No residential occupancy permit for a dwelling unit under this Part 4 shall be issued unless the multi-residential complex is in compliance with section 313-14 of this Code. 16 C. Renewal and Update. It shall be the obligation of the rental dwelling owner to register the rental dwelling with the Department of Buildings and Regulatory Compliance and it shall be the obligation of the current or succeeding owner or owner’s agent to update registration information with the Department of Buildings and Regulatory Compliance within thirty days of any change. There shall be no cost associated with such an update. D. Continuing Compliance. Upon registration, it shall be the obligation of the rental dwelling owner to ensure that the rental dwelling and all rental dwelling units contained therein comply with all relevant New York State building codes and the City of Albany codes. In the event of such non-compliance a rental dwelling unit may be deregistered and have its residential occupancy permit suspended according to Albany City Code. E. Except as otherwise provided herein, it shall be unlawful and a violation of this chapter to rent, lease or otherwise allow the occupancy of any rental dwelling unit without said rental dwelling unit having been registered in accordance with this Part. No owner, agent or person in charge shall collect rents during any period of noncompliance with the provisions of this part which would otherwise be due and owing for the rental of premises unless and until he or she shall have complied with the provisions herein. Nothing herein shall be construed to prevent a landlord, upon receipt of the residential occupancy permit, from receiving the equitable value of the occupancy of the premises from the earliest date of occupancy, but in no event shall a landlord recover in excess of the agreed rent in the form of late fees or other penalties. F. All rental dwelling units within a given rental dwelling must have the same registration expiration date. When it becomes necessary to do so, the Department of Buildings and Regulatory compliance may extend the registration period for the purpose of ensuring all rental dwelling units in a rental dwelling have the same registration period so long as the registration fee is pro-rated over the extended registration period or, in the event that there is a delay in registration caused by noncompliance, the registration termination date for a rental dwelling unit shall be the same as that of the already registered rental dwelling units in the rental dwelling. G. The passage of an inspection pursuant to this part or the issuance of a residential occupancy permit shall not constitute a waiver of any rights or immunities accorded the City of Albany as a municipal corporation pursuant to the laws of the State of New York or other provision of the Code of the City of Albany, in particular, Chapter 24 of this Code, nor shall the passage of an inspection pursuant to this part constitute a representation that any rental dwelling or rental dwelling unit is free of danger or entirely free of NYS Uniform Fire Prevention and Building Code or Albany City Code violations. § 231-133 Fees. A. To offset the administrative costs of preparing and maintaining the Rental Dwelling Registry there shall be, except for owner-occupied rental dwellings containing not more than one rental unit owned by one or more natural persons, all of whom are aged 65 years or older, a fee of $50 for each unit or $100 for a residential unit which has not had an active Residential Occupancy Permit for more than forty-five days at the time the new Residential Occupancy Permit is applied for. B. The following schedule of fees shall apply with respect to the inspection and certification of residential dwelling units: (1) There shall be no fee for an initial inspection to determine compliance with the applicable provisions of this Code, or for a first re-inspection. 17 (2) Any and all subsequent re-inspection(s) necessary to determine compliance with required corrective action or repairs shall be subject to a fee of $50 per unit inspected. (3) Failure to appear within 15 minutes of a scheduled inspection (“no show”) shall result in a fee of the lesser of $50 per unit or $300. (4) Cancellation of a scheduled inspection less than 24 hours before that scheduled inspection (“late cancellation”) shall result in a fee of the lesser of $50 per unit or $100. (5) Cancellation of a scheduled inspection less than 24 hours before the scheduled inspection for the unit more than once or after a “no show” (“second cancellation”) shall result in a fee of the lesser of $75 per unit or $300. C. Fees prescribed under this section for failure to appear at, and cancellation of, a scheduled inspection may be waived at the discretion of the Commissioner or their designee for good cause shown. D. Unpaid fees shall be subject to the placement and recording of a lien by the City of Albany against the inspected property. E. The fees set forth in this Part may be increased at the discretion of the Department of Buildings and Regulatory Compliance as may be deemed necessary by the Chief Building Official to recover the administrative cost of issuing residential occupancy permits and maintaining the rental dwelling registry provided that so such increase shall exceed five percent in a given calendar year. § 231-134 Residential Occupancy Permit. A. Upon successful registration of a rental dwelling, the Department of Buildings and Regulatory Compliance shall issue to the owner of the rental dwelling or the owner’s agent or designee a Residential Occupancy Permit. B. The Residential Occupancy Permit shall contain the following information: (1) A statement indicating that all units in the rental dwelling are subject to the Residential Occupancy Permit or, if certain units have not been registered, a statement indicating which units are not the subject of the Residential Occupancy Permit; (2) The name and contact phone numbers of the building owner’s agents and emergency contact(s); (3) The contact information for the City of Albany Police Department, Fire Department, and Department of Buildings and Regulatory Compliance; (4) Contact information for available tenant advocacy resources as determined by the Chief Building Official; (5) The statement: “Retaliation against a tenant by a landlord for a tenant’s ‘good faith complaint, by or in behalf of the tenant, to a governmental authority of the landlord’s alleged violation of any health or safety law, regulation, code, or ordinance’ is illegal under New York State Real Property Law § 223-b. Any tenant concerned about such retaliation should consult an attorney.”; (6) The statement: “Pursuant to section 231-132 (a) of the Albany City Code it shall be unlawful and a violation of Albany City Code to rent, lease or otherwise allow the occupancy of any rental dwelling unit without said rental dwelling unit having been registered on the City of Albany Rental Dwelling Registry. No owner, agent or person in charge may collect rents while a rental dwelling unit is unregistered.”; and 18 (7) The rental dwelling’s Rental Dwelling Registration expiration date. C. The Residential Occupancy Permit shall be posted conspicuously adjacent to the primary egress point in the rental dwelling to which said Residential Occupancy Permit applies or, if there is no such common egress point, at all common egress points. § 231-135 Registration renewal and de-registration. A. Rental dwelling units shall be re-registered in accordance with this Chapter every twenty-four months or after New York State building codes or Albany City Code compliance has been achieved following de-registration. B. Where the Department of Buildings and Regulatory Compliance determines that a rental dwelling and/or rental dwelling unit is in violation of the New York State building codes, the rental dwelling units may be de-registered according the following procedure: (1) The Department of Buildings and Regulatory Compliance, after discovering a violation, shall notify the responsible party of the alleged violation(s) in writing. (2) If the violation has not been corrected within thirty-days, or fourteen days in the event of violations imposing a threat to the health and safety of building occupants or public at large as determined by the Department of Buildings and Regulatory Compliance, of mailing of said notice, the rental dwelling unit containing the violation or all rental dwelling units affected by the violation may be de-registered by the Chief Building Official or their designee subject to the following conditions: (i) Where the Chief Building Official or their designee determines that a lack of compliance is attributable to a tenant’s refusal to allow a rental dwelling owner or their designee sufficient access to an area under the exclusive control of the tenant which must be accessed in order to obtain compliance, the compliance period shall be extended to the fourteenth day of consecutive access after the date the rental dwelling owner secures such access provided that reasonable action is taken to ameliorate the effect of such a violation on tenants other than the tenant denying access. Where the code violation is attributable to the actions of a tenant and affects only the offending tenant, deregistration shall not occur until fourteen days after these conditions no longer obtain. (ii.) If the Department of Buildings and Regulatory Compliance is not able to confirm compliance due to a tenant’s explicit or implicit refusal to allow re- inspection of the affected area, the period of compliance shall be extended to the date the Department is granted the ability to perform a re-inspection. (iii.) Where the rental dwelling owner has made a good faith effort to comply within the time allowed, has taken concrete steps towards compliance, and where the underlying violation is not a threat to health and safety, the Department may extend the compliance period for up to sixty additional days. (3) Upon the correction of the violation, the rental dwelling unit(s) shall be re-registered on the Rental Dwelling Registry by the owner. If a court of law determines that the rental dwelling unit was de-registered in error, the rental dwelling unit(s) shall be re-registered on the Rental Dwelling Registry by the Chief Building Official or their designee. The expiration of rental dwelling registration following de-registration pursuant to this section shall be same as the period as that of the rental dwelling unit’s most recent registration or, if that date has expired, 19 determined according to section 231-132 (F) of this Code. There shall be no fee for re- registration following a determination in a court of law that no violation occurred. § 231-136 Penalties for offenses. Any person who shall knowingly and willfully violate or assist in the violation of this Part, or who fails to comply with a notice and order issued by the Department under this Part shall, upon conviction, be punished as set forth in Chapter 133A of this Code. Nothing contained in this Part shall preclude the City from enforcing violations of New York State building codes and the Code of the City of Albany independently pursuant to Chapter 133A of this Code. Section 2. This local law shall take effect upon final passage, public hearing, and filing with the Secretary of State. Majority Leader Farrell referred Local Law I of 2021 to the Law, Buildings, and Code Enforcement Committee Council Member O’Brien noticed Local Law J of 2021 as follows, which was held for further consideration: LOCAL LAW J of 2021 (As Amended 04/01/2021) A LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INSTALLATION AND REPAIR OF SERVICE LINES AND REPLACEMENT OF LEAD SERVICE LINES Be it enacted by the Common Council of the City of Albany as follows: Section 1. Subsection (O) of section 371-54 (Prescribed by Commissioner of Water) of Article III (Rules and Regulations Regarding Use of Water) of Chapter 371 (Water and Waterways) of the Code of the City of Albany is hereby amended to read as follows: O. Service pipes less than two (2) inches in size shall be [of the best quality AA lead pipe] type K copper tubing connected to the corporation cock coupling with a wiped joint and provided inside the curbline with a brass roundway shutoff cock and metal extension box. At least one (1) foot of slack to each ten (10) feet in length shall be left between the main and the curb cock, and in no case shall service pipes be laid in a trench recently refilled. When water services are placed at the same time as sewer laterals, a bench shall be excavated at the side of the lateral trench and the water service pipe laid thereon. All services two (2) inches or larger in size shall be of cast-iron pipe provided with a gate valve and a valve box outside of the building and connected with the main by a branch. Section 2. Chapter 371 of the Code of the City of Albany is amended by adding a new Article VIII, entitled “Service Lines,” to read as follows: Article VIII. Service Lines § 371-88 General regulations. 20 A. Prior to the installation or repair of service lines, the property owner shall make an application for a permit to the Commissioner. Upon approval of the application, the property owner shall pay all required charges, fees and deposits and obtain the necessary street opening and any other required permits. B. Tapping and making connections to the water mains must, in all cases, be done by authorized employees of the Water Department and shall not be done by any other persons, unless acting with the written permission or direction of the Commissioner. C. Unless otherwise directed, no new service line shall be made available for use of water until all inactive service lines have been shut off permanently at the corporation at the water main. D. Unless otherwise directed, no new service line shall be made available for the use of water until the new line has been tested and disinfected in accordance with Chapter 261 of this Code (The Plumbing Code) and as approved by the Commissioner. The property owner shall pay any charges associated with this procedure. § 371-89 Installation. A. Unless otherwise specified, new service lines and replacements of existing service lines shall be a minimum of 3/4 inch in diameter. Service lines up to and including two inches in diameter shall be of copper tubing (Type K) with flared/compression joints unless otherwise permitted and service lines greater than two inches in diameter shall be of cast iron or ductile iron cement- lined pipe. There shall be no repair of galvanized iron or lead service lines. Such lines shall be replaced by copper lines unless otherwise permitted. B. The property owner shall, at their own expense, do all work necessary for the installation of the service line, including but not limited to the cost of materials and labor, excavation, shoring, backfilling, dewatering, rodding, concrete thrust blocks and surface restoration, in a manner satisfactory to the Commissioner, except for tapping and making connections to the water main. C. No tap shall be made until the depth of the trench and dimensions of excavation are such as will allow adequate room for tapping the main and for laying the service line. The permittee shall notify the Commissioner not less than 24 hours in advance, exclusive of weekends and holidays, that the trench is ready for the tap and installation of the service line or fire line. D. In general, the trenches excavated for service lines shall be straight and perpendicular to the water main opposite the owner’s property. If the main is in an unusual location or because of solid rock, the Commissioner may grant permission to lay the line in another generally accepted manner. E. Not more than one premises shall be connected to any one tap and service line. The word “premises” as used herein shall mean: (1) A building under one roof owned or leased by one party and occupied as a residence or for business or commercial purposes. 21 (2) A group or combination of buildings in one common enclosure owned or leased by one party or occupied by one family or one corporation or firm or as a place of business or for manufacturing or industrial purposes or as a hospital or other public institution. (3) One side of a double house having a solid vertical partition wall. (4) A building owned or leased by one party, containing more than one apartment and having one entrance and using one hall in common. (5) A building owned or leased by one party having a number of apartments, offices or lofts, which are rented to tenants. (6) A public building such as a town hall, school house, fire engine house, etc. (7) A single lot or park or playground. (8) Each house in a row of houses. F. Domestic service lines in all cases shall be separate from fire service lines. Unless otherwise approved by the Commissioner, fire service lines shall not be less than four inches in diameter. § 371-90 Special equipment and materials for taps. Where the property owner requests a tap on a water main which is of a material other than cast iron or ductile iron, special equipment and materials may be required. The City shall not be held liable for any delay in obtaining special equipment and materials needed to complete the work. § 371-91 Responsibility of owners. A. The property owner shall, at their expense, including all necessary labor and materials, install, maintain, and keep in good repair and proper operating condition all service lines serving the property. The Commissioner may direct the owner to replace or repair, as directed, any and all parts of the service line serving said property which, in the Commissioner’s opinion, may be necessary to prevent leakage or waste of water or damage to property. All repairs to water service lines shall be performed at the customer’s expense to City specifications and shall be subject to inspection and approval by the Commissioner. B. Property owners shall, at their expense, including all necessary labor and materials, keep the service line curb box readily accessible to the Water Department for the purposes of turning water off or on. They shall also maintain the boxes level with the surface of adjoining ground, pavement, walk or driveway for the safety of pedestrians or other traffic. C. The City shall not be responsible for its inability to turn water off or on in the event that the water service valve is inaccessible or inoperable, nor shall it be liable on account of injury to persons or damage to property by reasons of the fact that the curb box or curb stop or any part of the service line was not maintained in accordance with these rules and regulations. D. The City shall not be liable in any way for injury to persons or damage to property by reason of breaks, obstructions, leaks in service lines and house piping or any part thereof as the result of frost or necessary maintenance operations of the Water Department or any other cause. 22 E. Any service line or any part thereof which may become frozen shall be thawed, repaired, or replaced by the property owner at their expense, as directed by the Commissioner. Majority Leader Farrell held Local Law J of 2021 for additional consideration Council Member Love noticed Local Law L of 2020 as follows, asked passage, and a roll call vote thereon: LOCAL LAW L OF 2020 A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF ALBANY IN REGARD TO RESIDENCY REQUIREMENTS OF COMMON COUNCIL MEMBERS BE IT ENACTED by the Common Council of the City of Albany as follows: Section 1. Section 402 (Members) of Article IV (Legislative Branch) of the Charter of the City of Albany is amended to read as follows: Section 402. Members. The Common Council shall be an elective body comprised of a President of the Common Council and not more than one "Council member" duly elected from each ward within the City. Each "Council member" shall be a resident of the ward from which he or she is elected. There shall not be more than 15 wards within the City. All Common Council Members shall be electors of the ward and have been residents continuously in the ward represented for at least three hundred sixty-five (365) days prior to taking office. Each Common Council Member shall reside in the ward from which that Common Council Member seeks election at the time of nomination for office, and continue to be a resident of the ward for which he or she represents for his or her entire term of office, subject, however, to the following exception: in the case of an election immediately following the reapportionment of Common Council wards, the incumbent Common Council Member representing a ward redrawn in such reapportionment shall be eligible for nomination for election in either the ward of residence, or any newly drawn district which is contiguous to the ward of residence, provided that the Common Council Member shall become a resident of the ward represented prior to taking office. Common Council Members shall be nominated at the primary election in the same manner other city officers are nominated pursuant to the provisions of the Election Law. Section 2. This local law shall take effect upon final passage, public hearing, mandatory referendum, and filing with the Secretary of State. There being no further discussion, President Pro Tempore Kimbrough called for a roll call vote thereon and the motion was ADOPTED: Affirmative: Anane, Balarin, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, and Obrien Present: Conti Affirmative: 13 Negative: 0 Present: 1 Council Member Doesschate noticed Local Law C of 2021(As Amended April 5, 2021) as follows, which was held for further consideration: LOCAL LAW C of 2021 (As Amended 04/05/2021) 23 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE ALBANY CITY CODE WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS BE IT ENACTED by the Common Council of the City of Albany as follows: Section 1. Article VIIB (Albany Police Department Interactions) of Part 1 (Department of Police) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Albany City Code is hereby amended by adding a new section 42-54.3 to read as follows: Section 42-54.3. Use of Chemical Weapons and Kinetic Energy Munitions A. Use of Chemical Weapons and Kinetic Energy Munitions Policy. (1) The Chief of Police, or if there is one, the Commissioner of Public Safety, shall establish a written policy to prohibit the use of Chemical Weapons and Kinetic Energy Munitions by any member of the Albany Police Department on civilian populations, except for: (a) The use of pepper spray as defined herein; or (b) In circumstances where a person is being restrained against their will, as defined in Penal Law §135.00, where significant bodily injury is clearly threatened against such individual, and the Chief of Police or a Deputy Chief of Police present on the site determined that there is no alternative to the use of chemical weapons to secure the safety of the person being so restrained and adequate notice is given to individuals occupying indoor or outdoor spaces in the vicinity to allow them to protect themselves against exposure. (2) Prior to the establishment of such policy, the Chief of Police, or if there is one, the Commissioner of Public Safety, shall present such policy to the Community Police Review Board and shall consider any modifications as recommended by such Board. (3) Such policy shall be consistent with the limitations in this section and shall be established within 60 days of the enactment of this law. B. Definitions. For the purposes of this section, the following terms shall have the following meaning: (1) Chemical Weapons. Any type of device containing toxic chemicals designed to be launched or thrown as a projectile or otherwise released in the area of civilian populations, in order to cause temporary or permanent incapacitation, injury or trauma to the intended target, through the action of such chemicals as an eye, throat, respiratory, and/or skin irritant. The term specifically includes, but is not limited to, any item commonly referred to as or having similar effects to “tear gas.” (a) The term “chemical weapon” shall not apply to the use of pepper spray contained in liquid spray canisters of a volume no greater than 0.75 ounces when used to temporarily control a specific individual a police officer reasonably believes to be in the process of committing a crime that endangers other people and only when such agent is released in compliance with department policies and New York State law relating to the use of force and under circumstances that reasonably assure others in the vicinity are not affected by the use of such spray. 24 (2) Kinetic Energy Munitions. Any type of device designed to be launched from any device as a projectile, in order to cause temporary pain, injury, irritation, disability, incapacitation or trauma to the intended target. The term specifically includes, but is not limited to, any item commonly referred to as “impact rounds” or “rubber bullets.” Section 2. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State. *Doesschate spoke on the local law prior to it being held for additional consideration Majority Leader Farrell held Local Law C of 2021 for further consideration Council Member Conti noticed Local Law E of 2021 moved to amend it as follows, asked for passage and a roll call vote thereon: LOCAL LAW E OF 2021 (MC) (As Amended 04/03/2021) A LOCAL LAW AMENDING CHAPTER 357 (VEHICLES, OFF ROAD) OF THE CODE OF THE CITY OF ALBANY RELATING TO THE ILLEGAL OPERATION OF OFF-ROAD VEHICLES IN THE CITY OF ALBANY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 357 (Vehicles, Off-Road) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 357-1 Purpose and intent. [The Common Council hereby finds and declares that the interests of public welfare and convenience require the preservation, promotion and protection of the aesthetic and ecological aspects of the environs of the City of Albany and intends through this legislation to preserve, promote and protect the aesthetic and ecological integrity of the Pine Bush.] [§ 357-2 Scope. The provisions of this chapter, unless otherwise expressly indicated or subsequently amended, are intended to apply and shall have application to the area of the City of Albany known as the “Pine Bush.”] § [357-3] 357-1 Definitions. For the purpose of this chapter, the following terms shall have the meanings indicated: OFF-THE-ROAD VEHICLES All-terrain vehicles (sometimes known as “ATVs”) as that term in defined in section 2281 (1) of the New York State Vehicle and Traffic Law, off-highway motorcycles as that term is defined in section 125-a of the New York State Vehicle and Traffic Law, motocross or dirt bikes, dune buggies, go-carts and any and all other types of motorized trail bikes or vehicles that are manufactured for sale or operation primarily on off-highway trails or for off highway 25 competitions and are only incidentally operated on public highways. Nothing contained herein, however, shall be deemed to apply to or prohibit the use of bicycles in this area. OPERATE To ride in or on, other than as a passenger, or use or control the operation of an off-road vehicle in any manner, whether or not said off-road vehicle is under way. PUBLIC HIGHWAY Any highway, road, alley, street, avenue, public place, public driveway, or any other public way. § 357-[4] 357-2 Restrictions. [No off-the road vehicles shall be used or operated on, upon, through or over the trails, trail system, dunes or other unpaved areas of the Pine Bush, the Albany Municipal Golf Course, Normanskill Farm, Tivoli Lakes, the Corning Reserve and Lower Patroon Island, Krank Park and the public lands in the vicinity of Frisbie Avenue not otherwise specifically designated or intended for vehicular traffic.] A. Public Property. No person shall operate an off-road vehicle on a public highway or on any public property in the City of Albany. B. Private Property. No person shall operate an off-road vehicle off a public highway on private property in the City Of Albany unless such person has first obtained the express consent of the owner or occupant of such property to operate the off-road vehicle on the property. There shall be a rebuttable presumption that the operator of an off-road vehicle on private property in the City of Albany lacks consent to operate the off-road vehicle on private property. § [357-5] 357-3 Penalties for offenses; impoundment and redemption. A. Any person [or persons so using or operating an off-the-road vehicles as aforesaid] who operates an off-road vehicle in violation of § 357-2 (A) or (B) of this chapter shall be guilty of an offense punishable by a fine not to exceed $650 or imprisonment not to exceed 15 days, or both. B. In addition to the penalties set forth in subsection (A) of this section, a police officer may immediately impound an off-road vehicle that has been operated in violation of § 357-2 (A) or (B) of this chapter. Such impounded off-road vehicle shall be stored by the pertinent police department or enforcement agency pending the identification of the owner of such off-road vehicle as registered with the New York State Department of Motor Vehicles. Such title owner shall be sent notice of such impoundment at the address on file with the New York State Department of Motor Vehicles by certified mail within five days after the impoundment. Neither the police department impounding such off-road vehicle, nor the City of Albany, nor any agent nor employee thereof, shall be liable for any damages arising out of the provision of an erroneous name or address of such owner. The owner of the off- road vehicle operated in violation of § 357-2 (A) or (B) of this chapter may redeem such off-road vehicle upon satisfactory proof of ownership and payment of a redemption fee of 26 $2,350. An off-road vehicle impounded under this subsection shall only be released to the owner of such off-road vehicle, or to such owner’s agent as evidenced by a written, notarized proof of agency, or duly executed power of attorney. § [357-6] 357-4 Enforcement. The Chief of Police is charged with the enforcement of the provisions of this chapter. § [357-7] 357-5 Severability. If any clause, sentence, paragraph or part of this chapter or application thereof to any person or circumstances shall be judged by any court to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof or the application thereof to other persons and circumstances but shall be confined in its operation to the clause, sentence, paragraph or part thereof and the persons or circumstances directly involved in the controversy in which the judgment shall have been rendered. [§ 357-8 When effective. This chapter shall take effect immediately.] Section 2. Section 359-27 (Unclaimed Vehicles; public auction) of Chapter 359 (Vehicles and Traffic) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 359-27 Unclaimed vehicles; public auction. Whenever any vehicle which has been impounded by the Department of Police remains in the possession of the Department unclaimed by any person having the right to the possession of such vehicle for a period of 60 days, such vehicles [shall] may be: (a) sold under the direction of the Purchasing Agent, at public auction, to the highest bidder after notice of such auction has been given for not less than one week, by one publication in the newspaper of the City of Albany; (b) sold for scrap; or (c) destroyed. Section 3. Section 359-29 (Redeeming of vehicles) of Chapter 359 (Vehicles and Traffic) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 359-29 Redeeming of vehicles. The owner of such vehicles or his agent may, within 60 days from the date of impounding, redeem the vehicle by paying to the Chief of Police the sum of $70 for towing or hauling and storage charges not exceeding $20 per day for each day impounded. [He] Such owner or agent shall also sign a written receipt for such vehicle. Said sums shall be in addition to any bond required for the violation for which the vehicle was towed, in addition to any redemption fee established in this Code, and in addition to any outstanding fines due for parking, stopping or standing violations. Section 3. This local law shall take effect upon final passage, public hearing, and filing with the Secretary of State. 27 The Common Council considered Mayor Sheehan’s memorandum certifying the necessity for Local Law E of 2021s immediate passage the message is provided below: 28 *Council Member(s) Johnson and Conti spoke on the Local Law prior to passage Local Law E of 2021 was co-sponsored by Council Members Anane, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, Love, and O’Brien There being no further discussion, President Pro Tempore Kimbrough called for a roll call vote thereon and the motion was ADOPTED: Affirmative: Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, and Obrien Affirmative: 14 Negative: 0 REPORTS OF STANDING COMMITTEES: Planning Committee: Chair Fahey discussed the planning committees meetings on both March 29, 2021 and April 6, 2021 to discuss the substantial amendments to the USDO. General Services Committee: Chair O’Brien reported the committee met on March 18, 2021 regarding Resolution 27.31.21R which passed favorably out of Committee with a positive recommendation. Also discussed was Ordinance 4.31.21 which will be withdrawn since it is duplicative with Local Law J of 2021. Chair O’Brien also shared that General Services was unable to attend the March 18, 2021 meeting and provide an update on the snow removal. During the report it was indicated that they committee will be scheduling another meeting to take up Resolution 102.111.20R for consideration. Finance, Assessment and Taxation: Chair Farrell reported that the committee met on April 1, 2021discussing Resolutions 22.31.21R and 23.31.21R both passing out with unanimous positive recommendations. The committee also considered Resolution 25.31.21R which is still being held for additional consideration. During the meeting there was an update provided from the Budget Office and the Treasurer regarding the American Rescue Plan financing and the next meeting of the committee will be May 6, 2021. Council Operations: Chair Conti reported that the committee held two meetings. On March 16, 2021 the committee considered Local Law L of 2020 which passed out favorably. Brief discussion of Local Law A of 2021 and there was not action taken. On March 23, 2021 the committee met again taking up Local Law F of 2019 (Ethics) no action was taken because the committee will be making modifications and revisions. There was a tentative date scheduled for Aril 12, 2021 to consider the revisions but they will not be ready by 12th and the committee will be seeking another date for additional review of Local Law F of 2019. Housing and Community Development: Chair Doesschate reported that the committee would met on April 7, 2021 to hold the joint Public Hearing with Albany Community Development Agency to announce the year 47 CDBG grants and consider appeals. All CDBG applicants were provided notice of their award amounts and the right to appeal. The committee will act on Resolution 20.22.21R (MC) and the chair noted that the resolution was omitted from the agenda. During the April 7, 2021 meeting there will also be consideration of Resolution 32.41.21R. It was also mentioned that representative 29 from Albany Housing Authority, ACDA, and Albany County Land Bank would be present to assist in the discussion of Resolution 32.41.21R. Public Safety: Chair Kimbrough discussed that at the March 24, 2021 meeting Local Law C was voted out of committee with a positive recommendation. CONSIDERATION OF ORDINANCES Council member Frederick noticed Ordinance 44.122.20 As Amended March 24, 2021(AN ORDINANCE AMENDING ARTICLE I (GENERAL PROVISIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS) as follows, asked for passage and a roll call vote thereon: *Council Member(s) Frederick spoke on the Ordinance prior to passage There being no further discussion, President Pro Tempore Kimbrough called for a roll call vote thereon and the motion was ADOPTED: Affirmative: Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, and Obrien Affirmative: 14 Negative: 0 Council member Frederick noticed Ordinance 45.122.20 As Amended March 24, 2021 (AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE OF SCOTT STREET IN THE CITY OF ALBANY, NEW YORK TO SOUTH END DEVELOPMENT, LLC) as follows, asked for passage and a roll call vote thereon: There being no further discussion, President Pro Tempore Kimbrough called for a roll call vote thereon and the motion was ADOPTED: Affirmative: Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, and Obrien Affirmative: 14 Negative: 0 Council member Fahey noticed Ordinance 46.122.20 As Amended February 4, 2021 (AN ORDINANCE REPEALING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) WITH NEW NUMBERING) as follows, asked for passage and a roll call vote thereon: *Council Member(s) Fahey spoke on the Ordinance prior to passage There being no further discussion, President Pro Tempore Kimbrough called for a roll call vote thereon and the motion was ADOPTED: Affirmative: Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, and Obrien 30 Affirmative: 14 Negative: 0 Council member O’Brien withdrew Ordinance 4.31.21 (AN ORDINANCE AMENDING CHAPTER 371 (WATER AND WATERWAYS) AND CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) IN RELATION TO LEAD PIPES) Majority Leader Farrell held the remaining pending ordinances on the agenda for further consideration. CONSIDERATION OF RESOLUTIONS Council Member Love noticed the introduction of resolution 32.41.21R as follows, which was held for further consideration: RESOLUTION NUMBER 32.41.21R (As Amended 04/07/2021) A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CALLING ON THE MAYOR OF THE CITY OF ALBANY AND OUR COUNTY, STATE, AND FEDERAL PARTNERS TO IMPLEMENT MORE INCENTIVES FOR AFFORDABLE HOMEOWNERSHIP AND GRANTS FOR HOMEOWNER MAINTENANCE ASSISTANCE WHEREAS, in the early 20th century, Albany's downtown areas (Arbor Hill, South End, Livingston Ave) were redlined by banks – a process by which banks would decline to issue mortgages for purchases of homes (See 1938 Home Owners Loan Corporation map); and WHEREAS, on November 2, 2017, the Congress introduced the Tax Cuts and Jobs Act of 2017, which was subsequently signed into law in December 2017; and WHEREAS, the Tax Cuts and Jobs Act of 2017 introduced the concept of “Opportunity Zones.” Opportunity Zones are federal economic development tools focused on improving the outcomes of communities across the country, especially in areas that have suffered from disinvestment over many years. Opportunity Zones are designated low-income census tracts where tax incentives are available to groups or individuals who invest in an Opportunity Fund (i.e., an investment vehicle for injecting money in an Opportunity Zone) and hold their capital gains in Opportunity Zone-related assets or property; and WHEREAS, these “Zones” are the same or very similar areas that were redlined in our country’s history; and WHEREAS, Opportunity Zones have exacerbated gentrification around the country and displaced black and brown working-class people from their homes and only benefits investors and not the people living in these underserved neighborhoods; and WHEREAS, a majority of funding by both Federal and State grants are for affordable rental housing and provide a much smaller percentage, if any at all, towards affordable homeownership; and WHEREAS, homeownership allows for many opportunities especially for black, brown, and people of color to create generational wealth and can minimize, if not prevent, the impacts of gentrification; and WHEREAS, the County has created the Albany County Land Bank Corporation. However, the renovations required for fixing homes available through the Land Bank are out of reach for many families; and WHEREAS, many homeowners need assistance with the maintenance of their homes and the cost of renovations in Albany are typically higher due to costs associated with living in a historic city; and 31 NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany calls on the Mayor, our County, State, and Federal partners to implement more incentives for affordable homeownership and grants for homeowner maintenance assistance; and BE IT FURTHER RESOLVED, that the clerk is directed to send a copy of this resolution to the County Executive and Chairman of the County Legislature as well as our State and Federal representatives. Majority Leader Farrell referred Resolution 32.41.21R to the Housing, Economic Development, and Land Use Committee for further consideration. Council Member Farrell noticed the introduction of resolution 33.41.21R as follows, which was held for further consideration: RESOLUTION NUMBER 33.41.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF TWO FULL TIME POSITIONS AND THE CREATION OF TWO OTHERS, WHICH WILL AFFECT SALARY TOTALS FOR THE 2021 BUDGET (OFFICE OF THE TREASURER) WHEREAS, section 603(D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate or salary total occurs outside of those described in the duly adopted budget requires the approval of the Common Council; and WHEREAS, the Treasurer’s Office has requested the elimination of one Account Clerk position and one Administrative Assistant position; and WHEREAS, the Treasurer’s Office has requested that these positions be replaced by two Accountant positions; and WHEREAS, the Treasurer’s Office proposes to make up difference in salaries between the Account Clerk and Administrative Assistant positions and the Accountant positions from the Treasurer’s Office’s postage budget; and WHEREAS, these changes are reflected in the following charts: Eliminate Account Clerk 1325.7000 $36,050 Eliminate Administrative Assistant 1325.7000 $36,050 Decrease Postage 1325.7470 $14,420 Total $86,520 Create Accountant 1325.7000 $43,260 Create Accountant 1325.7000 $43,260 Total $86,520 NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds affecting salary totals due to the elimination of one Account Clerk and one 32 Administrative Assistant position and the creation of two Accountant and positions within the Treasurer’s Office for the 2021 budget year. Majority Leader Farrell referred Resolution 33.41.21R to the Finance, Assessment, and Taxation Committee for further consideration. Council Member Farrell noticed the introduction of resolution 34.41.21R as follows, which was held for further consideration: RESOLUTION NUMBER 34.41.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT SALARY TOTALS FOR THE 2021 BUDGET (DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE) WHEREAS, section 603(D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate or salary total occurs outside of those described in the duly adopted budget requires the approval of the Common Council; and WHEREAS, the Department of Buildings and Regulatory Compliance (“the Department”) has requested the elimination of one Clerk/Typist I position; and WHEREAS, the Department has requested that this Clerk/Typist I position be replaced by a Permit Technician position; and WHEREAS, this change will be budget neutral, because the Department proposes to reduce the salary of the existing Permit Technician position from $43,181 to $39,000; and WHEREAS, these changes are reflected in the following charts: Eliminate Clerk/Typist I 3620.7000 $32,019 Decrease Permit Technician 3620.7000 $4,181 Total $36,200 Create Permit Technician 3620.7000 $36,200 Total $36,200 NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds affecting salary totals due to the elimination of one Clerk/Typist I position, the creation of one Permit Technician position, and a decrease in the salary of another Permit Technician position within the Department of Buildings and Regulatory Compliance for the 2021 budget year. Majority Leader Farrell referred Resolution 34.41.21R to the Finance, Assessment, and Taxation Committee for further consideration. 33 Council Member Flynn noticed the introduction of resolution 35.41.21R as follows, which was introduced and adopted by a voice vote: RESOLUTION NUMBER 35.41.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CONDEMNING ALL FORMS OF ANTI-ASIAN RACISM WHEREAS, 23 million Asian Americans and Pacific Islanders account for 7 percent of the population in the United States and account for nearly 7 percent of the population in the City of Albany; and WHEREAS, over 2 million Asian Americans and Pacific Islanders are working on the front lines of the COVID–19 pandemic in health care, law enforcement, first responders, transportation, supermarkets, and other service industries; and WHEREAS, the use of anti-Asian terminology and rhetoric related to COVID–19, such as the “Chinese Virus,” “Wuhan Virus,” and ‘‘Kung-flu’’ have perpetuated anti-Asian stigma; and WHEREAS, the use of anti-Asian rhetoric has resulted in Asian Americans being harassed, assaulted, and scapegoated for the COVID–19 pandemic; and WHEREAS, since January 2020, there has been a dramatic increase in reports of hate crimes and incidents against those of Asian descent; and WHEREAS, according to a recent report, there are nearly 3,000 reported cases of anti-Asian discrimination related to COVID–19 between March 19, 2020, and December 31, 2020; and WHEREAS, fear in our Asian communities has mounted since the murder of eight people, including six Asian American women in Georgia; and WHEREAS, President Biden issued an Executive Memorandum on his 6th day in office committing the Federal government to condemn and combat racism, xenophobia, and intolerance against Asian Americans and Pacific Islanders in the United States; and WHEREAS, #StopAsianHate NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany condemns and denounces all forms of anti-Asian racism, including those relating to COVID-19; and BE IT FURTHER RESOLVED, that the Common Council recognizes that the health and safety of all residents, no matter their background, must be the utmost priority; and BE IT FURTHER RESOLVED, that the Common Council condemns all manifestations and expressions of racism, xenophobia, discrimination, anti-Asian sentiment, scapegoating, and ethnic or religious intolerance and recommits the City of Albany to serve as a leader in building a more inclusive diverse and tolerant city. *Council member(s) Anane spoke on the Resolution prior to its passage There being no further discussion, President Pro Tempore Kimbrough called for a voice vote thereon and the resolution was adopted: *All members of the City of Albany Common Council were co-sponsors 34 Affirmative: Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, and Obrien Present: Conti Affirmative: 14 Negative: 0 Majority Leader Farrell made a motion to add Resolution 36.41.21(MC) which was seconded, voted on and duly passed. Council Member Conti noticed the introduction of resolution 36.41.21(MC) as follows, which was introduced and adopted by a voice vote: RESOLUTION NUMBER 36.41.21(MC) RESOLUTION OF THE COMMON COUNCIL CONDEMNING THE BLATANTLY HOMOPHOBIC REMARKS OF ALBANY COUNTY LEGISLATOR GEORGE LANGDON AND REAFFIRMING THE COMMON COUNCIL’S SUPPORT FOR THE LGBTQ+ COMMUNITY WHEREAS, on March 27, 2021, Albany County Legislator George Langdon made blatantly homophobic remarks before a “Return to Liberty Under the Constitution” seminar in Voorheesville, New York, an event hosted by an individual who was arrested for his participation in the January 6, 2021 insurrection at the U.S. Capitol; and WHEREAS, these comments demonstrate a gross prejudice against LGBTQ+ individuals everywhere, including those in the City of Albany; and WHEREAS, these comments, which suggests that LGBTQ+ individuals should be banished to a deserted island for extinction, are deeply offensive and unbecoming an elected official holding an office of public trust; and WHEREAS, this body, through the years, has consistently affirmed its support for the LGBTQ+ community’s inclusion and equality within our city; and WHEREAS, all residents of Albany County deserve and have the right to be treated with dignity and respect, and Mr. Langdon’s remarks fan the seeds of division and hatred and should be soundly rejected and condemned; and WHEREAS, Mr. Langdon has indicated his plan to resign as a member of the County Legislature as a result of these remarks, it is still appropriate that this body condemn those statements and reaffirm its solidarity with the LGBTQ+ community; NOW, THEREFORE, BE IT RESOLVED, that this body formally condemns and rejects the prejudicial and dangerous remarks of Mr. Langdon and reaffirms its support for the LGBTQ+ community; and BE IT FINALLY RESOLVED, that a certified copy of this resolution be formally transmitted to the Pride Center of the Capital Region, In Our Own Voices, Albany Damien Center, Alliance for Positive Health, and House of Precise. 35 *Council member(s) Conti and Anane spoke on the Resolution prior to its passage There being no further discussion, President Pro Tempore Kimbrough called for a voice vote thereon and the resolution was adopted: *All members of the City of Albany Common Council were co-sponsors Affirmative: Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, and Obrien Present: Conti Affirmative: 14 Negative: 0 Council Member Farrell on behalf of the Finance, Assessment, and Taxation Committee noticed Resolution 22.31.21R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 22.31.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE CREATION OF A FULL TIME POSITION, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (DEPARTMENT OF GENERAL SERVICES) WHEREAS, section 603(D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate or salary total that occurs outside of those described in the duly adopted budget requires the approval of the Common Council; and WHEREAS, the Department of General Services has requested the creation of one full time Social Media/Web Specialist position, at the salary of $40,000 (A.1493.8160.7440); NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds affecting a salary total due to the creation of a Social Media/Web Specialist within the Department of General Services for the 2021 budget year. There being no further discussion, President Pro Tempore Kimbrough called for a voice vote thereon and the resolution was adopted: Affirmative: Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, and Obrien Present: Conti Affirmative: 14 Negative: 0 Council Member Farrell on behalf of the Finance, Assessment, and Taxation Committee noticed Resolution 23.31.21R as follows, asked passage and a vote thereon: RESOLUTION NUMBER 23.31.21R (As Amended 04/02/2021) A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR THE 2021 BUDGET (ALBANY POLICE DEPARTMENT) 36 WHEREAS, section 603(D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate or salary total that occurs outside of those described in the duly adopted budget requires the approval of the Common Council; and WHEREAS, the Police Department of the City of Albany has requested an amendment to the 2021 budget to increase by $4,804 the salary for the position of Building Services Supervisor, from $45,196 to $50,000; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds affecting a salary total due to the increase in salary of the Building Services Supervisor position within the Albany Police Department for the 2021 budget year. There being no further discussion, President Pro Tempore Kimbrough called for a voice vote thereon and the resolution was adopted: Affirmative: Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, and Obrien Present: Conti Affirmative: 14 Negative: 0 Council Member Love on behalf of Council Member Robinson noticed Resolution 27.31.21R as follows, asked passage and a vote thereon: RESOLUTION NUMBER 27.31.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY HONORING THE LIFE AND LEGACY OF WARREN ADRIAN MACKEY AND RENAMING A PART OF LIVINGSTON AVENUE IN HIS HONOR WHEREAS, On Monday, February 1, 2021, Warren Adrian Mackey (age 54), peacefully passed away after a long battle with heart disease; and WHEREAS Warren was born on April 15, 1966, in Albany, New York. He was one of seven children born to the late Reverend Zeddie Mackey and the late Jeanette McCoy Mackey (Hackett). Warren loved his mother and father and would share childhood memories fondly of their parental influence. His dad instilled in him his charisma and personality and in his later years, he was greatly influenced by his "Uncle Bennie," who took Warren under his wing introducing him to people around Albany where Warren learned to appreciate the value of “better to know them and not need them; then to need them and not know them”; and WHEREAS, Warren attended Albany & Greenwood High School, graduating in 1984. He attended Green Mountain College in Vermont, where he played basketball and earned his bachelor's degree; and WHEREAS, Warren accepted Christ at an early age at the Sweet Pilgrim Missionary Baptist Church, Albany, NY, under the late Reverend William Roland, Pastor, and his grandfather Reverend Charlie E McCoy beginning his service unto the Lord, specifically in music ministry. He was baptized at the age of 10 years old and united with the Union Missionary Baptist Church under the Late Reverend Louis C. Brewer pastorate. There, he continued to utilize his musical gifts under the late Thelma M. Coleman, Musician; and 37 WHEREAS, In 1984, Warren united with the Metropolitan NTM Baptist Church under the late Reverend Dr. Earnest E. Drake's pastoral leadership. Warren was a long-standing member of church active in the Metropolitan Church Choir and served as President. He was also a member of the Male Chorus, serving as their President on the Praise Team and DPJ Choir; and WHEREAS, Warren served in the Laymen's ministry at Metropolitan and the Central Hudson Baptist Association Laymen and the Empire Baptist Missionary Convention of New York Laymen's auxiliary. His fundraising efforts brought in the most amount of money across the State of New York, earning him the crown "King."; and WHEREAS, Warren enjoyed serving on the Pastor's Aide committee and was instrumental in bringing accomplished gospel artists to perform at Pastor Johnson's pre-anniversary musical services. He was also a member of the Edna L. Hamilton Global Missions Ministry at Metropolitan and played a significant role in making the annual Thanksgiving baskets. He was on Metropolitans' bowling league for many years. On Mother's Day, Warren would give flowers to all the church mothers that have been a significant influence in his life. He also shared his wisdom and knowledge with many of the younger generations in the church. He was affectionately known as "Uncle Warren." Many of them today contribute their success to the direction and guidance he instilled in them; and WHEREAS, He was a very popular and sought-after soloist. He sang at weddings, homegoing services, bar mitzvahs, Christian programs, and more. Although his health was failing, Warren did not let that stop him from using his anointing gift to encourage someone. He went to hospitals, nursing homes, colleges, and civic events. Whenever asked, Warren would go often accompanied by one of his very best friends and the Minister of Music at Mt. Pleasant Missionary Baptist Church, Dennis L. Edney. Warren used his vocal gift to help lead souls to Christ. Singing was Warren's testimony on how Christ blessed his life. He would stand flatfooted, twisting his ring, and with tears streaming down his face, he would sing "Stand," "My soul is Anchored in the Lord," "Jesus You're the Center of My Joy," and other crowd favorites; and WHEREAS, Warren served as an Assistant Varsity Basketball Coach from 2012-2018 at Green Tech Charter High School. In 2014 he helped Green Tech advance to the Regional finals and ultimately become the Section II New York State Basketball Champions. In 2017 & 2018, he served as the head Freshman basketball coach. He assisted with sending dozens of student-athletes to college for academics and sports. He led the way to raise millions of scholarship awards for many. Warren would bring Green Tech students to assist Metropolitan in their Thanksgiving basket giveaway and the community's food distributions. To this day, students are thankful to him for leading their young lives to a better future. He also coached the EMBC Jr. Layman’s basketball team and won the state championship. He was also a Black and Latino Achiever himself and then became a mentor; and WHEREAS, Lovingly referred to as "Mayor" of Albany (and Aruba, his 'second home') due to his popularity, Warren never met a stranger that he could not turn into a friend. He made friends wherever he went; and WHEREAS, Warren's hobbies included golf, bowling, fishing, playing cards (especially Bid Whist and Spanish 21). He was an avid Pittsburg Steelers fan, loved entertaining people, and would invite family and friends for card games and cookouts. He would organize Cape Cod or New Bedford fishing trips with both Metropolitan and Macedonia Churches. He was actively involved with Schenectady Community Fathers, a support group for men in the community; and WHEREAS, Warren loved life and laughter. No matter where he was, he would tell jokes and laugh loud. His family would travel extensively through Marriott Vacation Clubs, where he met Chris Roberts and Makeba Payton. They became very close friends traveling yearly together for ten years of shared April birthday celebrations, Fourth of July, and Makayla's August birthday. No matter where they traveled, evenings out often involved Warren joining in with a local live band where he especially enjoyed singing Frank Sinatra's music. He would captivate any crowd with his tenor melodies; and 38 WHEREAS, Warren's loving spirit, charm, jokes, and that uniquely contagious laughter, his presence, impact, and voice in the community, especially the community of faith are truly missed; and NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany sends their condolences to his family and that the Clerk of the Common Council is to send an embossed copy of this resolution to his wife, Denyse Mackey and children; and BE IT FINALLY RESOLVED, that Livingston Avenue between Lark Street and North Swan Street, shall be renamed in his Honor. *Council member(s) Johnson and Kimbrough spoke on the Resolution prior to its passage There being no further discussion, President Pro Tempore Kimbrough called for a voice vote thereon and the resolution was adopted: *All members of the City of Albany Common Council were co-sponsors Affirmative: Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, and Obrien Present: Conti Affirmative: 14 Negative: 0 Majority Leader Farrell held the pending Resolutions on the agenda for further consideration MISCELLANOUS BUSINESS Majority Leader Farrell offered the following, which was approved by unanimous voice vote: RESOLVED THAT THE FOLLOWING PERSONS BE AND HEREBY ARE APPOINTED COMMISSIONERS OF DEEDS FOR THE CITY OF ALBANY, NEW YORK FOR THE TERM ENDING DECEMBER 31, 2022, AND WAIVE THE READING OF THE NAMES: Council member Johnson spoke regarding the community speaking out against the use of rubber bullets and tear gas and how more needs to be asked of the police during dangerous situations. ADJOURNMENT: There being no further business, Majority Leader Farrell made a motion to adjourn, which was duly seconded and adopted by unanimous voice vote. President Pro Tempore Kimbrough declared the meeting adjourned at approximate 9:08pm. DANIELLE GILLESPIE City Clerk of the City of Albany and Clerk to the Common Council 39 Council Member Frederick introduced the following: ORDINANCE 44.122.20 (As Amended 03/24/2021) AN ORDINANCE AUTHORIZING AND DIRECTING THE CLOSING OF SCOTT STREET IN THE CITY OF ALBANY, NEW YORK The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby ordered and directed that Scott Street, an approximately 245 linear foot road connecting Leonard Street and Krank Street, be discontinued and closed upon conveyance of the property described in Ordinance 45.122.20 (As Amended 03/24/2021). Section 2. It is hereby determined that the said right-of-way of Scott Street has been abandoned for municipal or public purposes. Section 3. This ordinance shall take effect after public hearing and final passage. APPROVED AS TO FORM THIS 24TH DAY OF MARCH, 2021 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Sarah Valis, Esq., Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: December 9, 2020 SPONSOR Council Member Frederick ORDINANCE 44.122.20 TITLE AN ORDINANCE AUTHORIZING AND DIRECTING THE CLOSING OF SCOTT STREET IN THE CITY OF ALBANY, NEW YORK GENERAL PURPOSE OF LEGISLATION This ordinance will close and discontinue Scott Street. If approved, Scott Street would be sold to South End Development for inclusion in the development of the Seventy-Six project NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW Closing and discontinuance of rights-of-way requires legislative action. FISCAL IMPACT(S) None Council Member Frederick introduced the following: ORDINANCE 45.122.20 (As Amended 03/24/2021) AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE OF SCOTT STREET IN THE CITY OF ALBANY, NEW YORK TO SOUTH END DEVELOPMENT, LLC The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby ordered and directed that all the right, title and interest in the City of Albany in and to Scott Street be conveyed pursuant to the provisions of Local Law No. 4 of 1984 to South End Development, LLC. SUBJECT to all easements, restrictions and rights-of-way of record. Section 2. It is hereby determined that the aforesaid property has been abandoned for municipal or public purposes. Section 3. The form, content, terms and conditions of such conveyance shall be approved by the Corporation Counsel and shall be subject to the approval of the Board of Estimate and Apportionment, and if approved by said Board, the Mayor is hereby authorized and directed to execute a proper deed of conveyance for a valuable consideration. Section 4. Such deed shall be not transferred to purchaser until the purchaser shall have obtained and delivered to the City a performance bond in the amount of $1,158,042 as described in Condition 10 of the City of Albany Planning Board’s Major Development Plan approval of the project currently known as “The Seventy-Six.” Such deed shall contain a reverter clause whereby the parcels of land authorized to be conveyed by this Ordinance shall revert back to ownership of the City of Albany, New York if the purchaser has not, within three years of obtaining such deed, obtained approval of the constructed foundation for Phase 1 of The Seventy-Six Project as such Phase is described in the Major Development Plan approved by the City of Albany Planning Board on December 8, 2020 and amended December 22, 2020. South End Development, LLC shall have the right to request an extension of this three year reverter time period from the Common Council. Section 5. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 24TH DAY OF MARCH, 2021 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Sarah Valis, Esq., Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: December 9, 2020 SPONSOR Council Member Frederick ORDINANCE 45.122.20 TITLE AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE OF SCOTT STREET IN THE CITY OF ALBANY, NEW YORK TO SOUTH END DEVEOPMENT, LLC GENERAL PURPOSE OF LEGISLATION To sell Scott Street to South End Development, LLC for inclusion in the development of the Seventy-Six project. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW Sale of city owned property requires Council approval. SPECIFICS OF REAL PROPERTY SALE OR ACQUISITION Scott Street, an approximately 245 linear foot road connecting Leonard Street and Krank Street, has an appraised value of $272,500. South End Development is proposing to offset the cost of the conveyance through infrastructure improvements. FISCAL IMPACT(S) See attached Decommissioning Report. Council Members Conti, Balarin, and Love introduced the following: LOCAL LAW E OF 2020 (MC) (As Amended 04/01/2021) A LOCAL LAW AMENDING CHAPTER 357 (VEHICLES, OFF ROAD) OF THE CODE OF THE CITY OF ALBANY RELATING TO THE ILLEGAL OPERATION OF OFF- ROAD VEHICLES IN THE CITY OF ALBANY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 357 (Vehicles, Off-Road) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 357-1 Purpose and intent. [The Common Council hereby finds and declares that the interests of public welfare and convenience require the preservation, promotion and protection of the aesthetic and ecological aspects of the environs of the City of Albany and intends through this legislation to preserve, promote and protect the aesthetic and ecological integrity of the Pine Bush.] [§ 357-2 Scope. The provisions of this chapter, unless otherwise expressly indicated or subsequently amended, are intended to apply and shall have application to the area of the City of Albany known as the “Pine Bush.”] § [357-3] 357-1 Definitions. For the purpose of this chapter, the following terms shall have the meanings indicated: OFF-THE-ROAD VEHICLES All-terrain vehicles (sometimes known as “ATVs”) as that term in defined in section 2281 (1) of the New York State Vehicle and Traffic Law, off-highway motorcycles as that term is defined in section 125-a of the New York State Vehicle and Traffic Law, motocross or dirt bikes, dune buggies, go-carts and any and all other types of motorized trail bikes or vehicles that are manufactured for sale or operation primarily on off-highway trails or for off highway competitions and are only incidentally operated on public highways. Nothing contained herein, however, shall be deemed to apply to or prohibit the use of bicycles in this area. OPERATE To ride in or on, other than as a passenger, or use or control the operation of an off-road vehicle in any manner, whether or not said off-road vehicle is under way. PUBLIC HIGHWAY Any highway, road, alley, street, avenue, public place, public driveway, or any other public way. § 357-[4] 357-2 Restrictions. [No off-the road vehicles shall be used or operated on, upon, through or over the trails, trail system, dunes or other unpaved areas of the Pine Bush, the Albany Municipal Golf Course, Normanskill Farm, Tivoli Lakes, the Corning Reserve and Lower Patroon Island, Krank Park and the public lands in the vicinity of Frisbie Avenue not otherwise specifically designated or intended for vehicular traffic.] A. Public Property. No person shall operate an off-road vehicle on a public highway or on any public property in the City of Albany. B. Private Property. No person shall operate an off-road vehicle off a public highway on private property in the City Of Albany unless such person has first obtained the express consent of the owner or occupant of such property to operate the off-road vehicle on the property. There shall be a rebuttable presumption that the operator of an off-road vehicle on private property in the City of Albany lacks consent to operate the off-road vehicle on private property. § [357-5] 357-3 Penalties for offenses; impoundment and redemption. A. Any person [or persons so using or operating an off-the-road vehicles as aforesaid] who operates an off-road vehicle in violation of § 357-2 (A) or (B) of this chapter shall be guilty of an offense punishable by a fine not to exceed $650 or imprisonment not to exceed 15 days, or both. B. In addition to the penalties set forth in subsection (A) of this section, a police officer may immediately impound an off-road vehicle that has been operated in violation of § 357-2 (A) or (B) of this chapter. Such impounded off-road vehicle shall be stored by the pertinent police department or enforcement agency pending the identification of the owner of such off-road vehicle as registered with the New York State Department of Motor Vehicles. Such title owner shall be sent notice of such impoundment at the address on file with the New York State Department of Motor Vehicles by certified mail within five days after the impoundment. Neither the police department impounding such off-road vehicle, nor the City of Albany, nor any agent nor employee thereof, shall be liable for any damages arising out of the provision of an erroneous name or address of such owner. The owner of the off-road vehicle operated in violation of § 357-2 (A) or (B) of this chapter may redeem such off-road vehicle upon satisfactory proof of ownership and payment of a redemption fee of $2,350. An off- road vehicle impounded under this subsection shall only be released to the owner of such off-road vehicle, or to such owner’s agent as evidenced by a written, notarized proof of agency, or duly executed power of attorney. § [357-6] 357-4 Enforcement. The Chief of Police is charged with the enforcement of the provisions of this chapter. § [357-7] 357-5 Severability. If any clause, sentence, paragraph or part of this chapter or application thereof to any person or circumstances shall be judged by any court to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof or the application thereof to other persons and circumstances but shall be confined in its operation to the clause, sentence, paragraph or part thereof and the persons or circumstances directly involved in the controversy in which the judgment shall have been rendered. [§ 357-8 When effective. This chapter shall take effect immediately.] Section 2. This local law shall take effect upon final passage, public hearing, and filing with the Secretary of State. APPROVED AS TO FORM THIS 1ST DAY OF APRIL, 2021 ______________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: March 9, 2021 Sponsor(s): Balarin, Conti, and Love Local Law E of 2021 (As Amended 04/01/2021) TITLE A LOCAL LAW AMENDING CHAPTER 357 (VEHICLES, OFF ROAD) OF THE CODE OF THE CITY OF ALBANY RELATING TO THE ILLEGAL OPERATION OF OFF-ROAD VEHICLES IN THE CITY OF ALBANY GENERAL PURPOSE OF THE LEGISLATION The reckless operation of illegal, unregistered dirt bikes, ATVs, and other non-street legal vehicles on the streets and in the parks of Albany has been a scourge on City residents and visitors in recent years – particularly during the summer. The operators of these vehicles, usually in groups, ride with abandon over many parts of the City with no regard for traffic laws, their own well-being, or the safety of bystanders, let alone the considerable noise their vehicles generate, disturbing the peace as they maraud across the City. While the operation of dirt bikes and ATVs is already illegal on public highways under the New York State Vehicle and Traffic Law, this law makes it explicitly unlawful to operate such vehicles on the public highways, in the public parks, or on any other private land in the City of Albany. It also expressly forbids the operation of these vehicles on private property without the express consent of the owner or occupant of such property. This local law also allows the police to impound any vehicles used in violation of this local law, provides for a $2,350 redemption fee, which the title owner of a vehicle impounded under this law must pay before the vehicle will be released back to the owner. Together with the maximum $650 fine already in place for violations of Chapter 357, violators of this Chapter will now face up to $3,000 in fines and fees for each violation. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Chapter 357 of the Code, as it stands now, bans the use of “off-the-road” vehicles only “on, upon, through or over the trails, trail system, dunes or other unpaved areas of the Pine Bush, the Albany Municipal Golf Course, Normanskill Farm, Tivoli Lakes, the Corning Reserve and Lower Patroon Island, Krank Park and the public lands in the vicinity of Frisbie Avenue not otherwise specifically designated or intended for vehicular traffic.” This law expands and clarifies the definition of “off- road vehicles" and bans their operation on public property, as well as private property without the owner or occupant’s permission, throughout the City. This law retains the former Chapter 357’s maximum $650 fine for a violation of the chapter, but allows the police to impound vehicles used in the commission of such violations and establishes a redemption fee, as discussed above, which vehicle owners must pay in order to receive their vehicles back. FISCAL IMPACT This law adds an impoundment redemption fee of $2,350 which did not exist in the former version of Chapter 357. Council Members Conti, Balarin, and Love introduced the following: LOCAL LAW E OF 2021 (MC) (As Amended 04/03/2021) A LOCAL LAW AMENDING CHAPTER 357 (VEHICLES, OFF ROAD) OF THE CODE OF THE CITY OF ALBANY RELATING TO THE ILLEGAL OPERATION OF OFF- ROAD VEHICLES IN THE CITY OF ALBANY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 357 (Vehicles, Off-Road) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 357-1 Purpose and intent. [The Common Council hereby finds and declares that the interests of public welfare and convenience require the preservation, promotion and protection of the aesthetic and ecological aspects of the environs of the City of Albany and intends through this legislation to preserve, promote and protect the aesthetic and ecological integrity of the Pine Bush.] [§ 357-2 Scope. The provisions of this chapter, unless otherwise expressly indicated or subsequently amended, are intended to apply and shall have application to the area of the City of Albany known as the “Pine Bush.”] § [357-3] 357-1 Definitions. For the purpose of this chapter, the following terms shall have the meanings indicated: OFF-THE-ROAD VEHICLES All-terrain vehicles (sometimes known as “ATVs”) as that term in defined in section 2281 (1) of the New York State Vehicle and Traffic Law, off-highway motorcycles as that term is defined in section 125-a of the New York State Vehicle and Traffic Law, motocross or dirt bikes, dune buggies, go-carts and any and all other types of motorized trail bikes or vehicles that are manufactured for sale or operation primarily on off- highway trails or for off highway competitions and are only incidentally operated on public highways. Nothing contained herein, however, shall be deemed to apply to or prohibit the use of bicycles in this area. OPERATE To ride in or on, other than as a passenger, or use or control the operation of an off-road vehicle in any manner, whether or not said off-road vehicle is under way. PUBLIC HIGHWAY Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. Any highway, road, alley, street, avenue, public place, public driveway, or any other public way. § 357-[4] 357-2 Restrictions. [No off-the road vehicles shall be used or operated on, upon, through or over the trails, trail system, dunes or other unpaved areas of the Pine Bush, the Albany Municipal Golf Course, Normanskill Farm, Tivoli Lakes, the Corning Reserve and Lower Patroon Island, Krank Park and the public lands in the vicinity of Frisbie Avenue not otherwise specifically designated or intended for vehicular traffic.] A. Public Property. No person shall operate an off-road vehicle on a public highway or on any public property in the City of Albany. B. Private Property. No person shall operate an off-road vehicle off a public highway on private property in the City Of Albany unless such person has first obtained the express consent of the owner or occupant of such property to operate the off-road vehicle on the property. There shall be a rebuttable presumption that the operator of an off-road vehicle on private property in the City of Albany lacks consent to operate the off-road vehicle on private property. § [357-5] 357-3 Penalties for offenses; impoundment and redemption. A. Any person [or persons so using or operating an off-the-road vehicles as aforesaid] who operates an off-road vehicle in violation of § 357-2 (A) or (B) of this chapter shall be guilty of an offense punishable by a fine not to exceed $650 or imprisonment not to exceed 15 days, or both. B. In addition to the penalties set forth in subsection (A) of this section, a police officer may immediately impound an off-road vehicle that has been operated in violation of § 357-2 (A) or (B) of this chapter. Such impounded off-road vehicle shall be stored by the pertinent police department or enforcement agency pending the identification of the owner of such off-road vehicle as registered with the New York State Department of Motor Vehicles. Such title owner shall be sent notice of such impoundment at the address on file with the New York State Department of Motor Vehicles by certified mail within five days after the impoundment. Neither the police department impounding such off-road vehicle, nor the City of Albany, nor any agent nor employee thereof, shall be liable for any damages arising out of the provision of an erroneous name or address of such owner. The owner of the off-road vehicle operated in violation of § 357-2 (A) or (B) of this chapter may redeem such off-road vehicle upon satisfactory proof of ownership and payment of a redemption fee of $2,350. An off-road vehicle impounded under this subsection shall only be released to the owner of such off-road vehicle, or to such owner’s agent as evidenced by a written, notarized proof of agency, or duly executed power of attorney. Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. § [357-6] 357-4 Enforcement. The Chief of Police is charged with the enforcement of the provisions of this chapter. § [357-7] 357-5 Severability. If any clause, sentence, paragraph or part of this chapter or application thereof to any person or circumstances shall be judged by any court to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof or the application thereof to other persons and circumstances but shall be confined in its operation to the clause, sentence, paragraph or part thereof and the persons or circumstances directly involved in the controversy in which the judgment shall have been rendered. [§ 357-8 When effective. This chapter shall take effect immediately.] Section 2. Section 359-27 (Unclaimed Vehicles; public auction) of Chapter 359 (Vehicles and Traffic) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 359-27 Unclaimed vehicles; public auction. Whenever any vehicle which has been impounded by the Department of Police remains in the possession of the Department unclaimed by any person having the right to the possession of such vehicle for a period of 60 days, such vehicles [shall] may be: (a) sold under the direction of the Purchasing Agent, at public auction, to the highest bidder after notice of such auction has been given for not less than one week, by one publication in the newspaper of the City of Albany; (b) sold for scrap; or (c) destroyed. Section 3. Section 359-29 (Redeeming of vehicles) of Chapter 359 (Vehicles and Traffic) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 359-29 Redeeming of vehicles. The owner of such vehicles or his agent may, within 60 days from the date of impounding, redeem the vehicle by paying to the Chief of Police the sum of $70 for towing or hauling and storage charges not exceeding $20 per day for each day impounded. [He] Such owner or agent shall also sign a written receipt for such vehicle. Said sums shall be in addition to any bond required for the violation for which the vehicle was towed, in addition to any redemption fee established in this Code, and in addition to any outstanding fines due for parking, stopping or standing violations. Section 3. This local law shall take effect upon final passage, public hearing, and filing with the Secretary of State. Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. APPROVED AS TO FORM THIS 3RD DAY OF APRIL, 2021 ______________________________ Corporation Counsel Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: March 9, 2021, Updated April 3, 2021 Sponsor(s): Balarin, Conti, and Love Local Law E of 2021 (As Amended 04/03/2021) TITLE A LOCAL LAW AMENDING CHAPTER 357 (VEHICLES, OFF ROAD) OF THE CODE OF THE CITY OF ALBANY RELATING TO THE ILLEGAL OPERATION OF OFF-ROAD VEHICLES IN THE CITY OF ALBANY GENERAL PURPOSE OF THE LEGISLATION The reckless operation of illegal, unregistered dirt bikes, ATVs, and other non-street legal vehicles on the streets and in the parks of Albany has been a scourge on City residents and visitors in recent years – particularly during the summer. The operators of these vehicles, usually in groups, ride with abandon over many parts of the City with no regard for traffic laws, their own well-being, or the safety of bystanders, let alone the considerable noise their vehicles generate, disturbing the peace as they maraud across the City. While the operation of dirt bikes and ATVs is already illegal on public highways under the New York State Vehicle and Traffic Law, this law makes it explicitly unlawful to operate such vehicles on the public highways, in the public parks, or on any other private land in the City of Albany. It also expressly forbids the operation of these vehicles on private property without the express consent of the owner or occupant of such property. This local law also allows the police to impound any vehicles used in violation of this local law, provides for a $2,350 redemption fee, which the title owner of a vehicle impounded under this law must pay before the vehicle will be released back to the owner. Together with the maximum $650 fine already in place for violations of Chapter 357, violators of this Chapter will now face up to $3,000 in fines and fees for each violation. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Chapter 357 of the Code, as it stands now, bans the use of “off-the-road” vehicles only “on, upon, through or over the trails, trail system, dunes or other unpaved areas of the Pine Bush, the Albany Municipal Golf Course, Normanskill Farm, Tivoli Lakes, the Corning Reserve and Lower Patroon Island, Krank Park and the public lands in the vicinity of Frisbie Avenue not otherwise specifically designated or intended for vehicular traffic.” This law expands and clarifies the definition of “off-road vehicles" and bans their operation on public property, as well as private property without the owner or occupant’s permission, throughout the City. This law retains the former Chapter 357’s maximum $650 fine for a violation of the chapter, but allows the police to impound vehicles used in the commission of such violations and establishes a redemption fee, as discussed above, which vehicle owners must pay in order to receive their vehicles back. Amendments have also been made to the sections of Chapter 357 dealing with the release of impounded vehicles, in order to authorize the collection of the redemption fee and allow APD to destroy or sell impounded vehicles for scrap. FISCAL IMPACT This law adds an impoundment redemption fee of $2,350 which did not exist in the former version of Chapter 357. Council Member O’Brien introduced the following: LOCAL LAW J of 2021 (As Amended 04/01/2021) A LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INSTALLATION AND REPAIR OF SERVICE LINES AND REPLACEMENT OF LEAD SERVICE LINES Be it enacted by the Common Council of the City of Albany as follows: Section 1. Subsection (O) of section 371-54 (Prescribed by Commissioner of Water) of Article III (Rules and Regulations Regarding Use of Water) of Chapter 371 (Water and Waterways) of the Code of the City of Albany is hereby amended to read as follows: O. Service pipes less than two (2) inches in size shall be [of the best quality AA lead pipe] type K copper tubing connected to the corporation cock coupling with a wiped joint and provided inside the curbline with a brass roundway shutoff cock and metal extension box. At least one (1) foot of slack to each ten (10) feet in length shall be left between the main and the curb cock, and in no case shall service pipes be laid in a trench recently refilled. When water services are placed at the same time as sewer laterals, a bench shall be excavated at the side of the lateral trench and the water service pipe laid thereon. All services two (2) inches or larger in size shall be of cast-iron pipe provided with a gate valve and a valve box outside of the building and connected with the main by a branch. Section 2. Chapter 371 of the Code of the City of Albany is amended by adding a new Article VIII, entitled “Service Lines,” to read as follows: Article VIII. Service Lines § 371-88 General regulations. A. Prior to the installation or repair of service lines, the property owner shall make an application for a permit to the Commissioner. Upon approval of the application, the property owner shall pay all required charges, fees and deposits and obtain the necessary street opening and any other required permits. B. Tapping and making connections to the water mains must, in all cases, be done by authorized employees of the Water Department and shall not be done by any other persons, unless acting with the written permission or direction of the Commissioner. C. Unless otherwise directed, no new service line shall be made available for use of water until all inactive service lines have been shut off permanently at the corporation at the water main. D. Unless otherwise directed, no new service line shall be made available for the use of water until the new line has been tested and disinfected in accordance with Chapter 261 of this Code (The Plumbing Code) and as approved by the Commissioner. The property owner shall pay any charges associated with this procedure. § 371-89 Installation. A. Unless otherwise specified, new service lines and replacements of existing service lines shall be a minimum of 3/4 inch in diameter. Service lines up to and including two inches in diameter shall be of copper tubing (Type K) with flared/compression joints unless otherwise permitted and service lines greater than two inches in diameter shall be of cast iron or ductile iron cement-lined pipe. There shall be no repair of galvanized iron or lead service lines. Such lines shall be replaced by copper lines unless otherwise permitted. B. The property owner shall, at their own expense, do all work necessary for the installation of the service line, including but not limited to the cost of materials and labor, excavation, shoring, backfilling, dewatering, rodding, concrete thrust blocks and surface restoration, in a manner satisfactory to the Commissioner, except for tapping and making connections to the water main. C. No tap shall be made until the depth of the trench and dimensions of excavation are such as will allow adequate room for tapping the main and for laying the service line. The permittee shall notify the Commissioner not less than 24 hours in advance, exclusive of weekends and holidays, that the trench is ready for the tap and installation of the service line or fire line. D. In general, the trenches excavated for service lines shall be straight and perpendicular to the water main opposite the owner’s property. If the main is in an unusual location or because of solid rock, the Commissioner may grant permission to lay the line in another generally accepted manner. E. Not more than one premises shall be connected to any one tap and service line. The word “premises” as used herein shall mean: (1) A building under one roof owned or leased by one party and occupied as a residence or for business or commercial purposes. (2) A group or combination of buildings in one common enclosure owned or leased by one party or occupied by one family or one corporation or firm or as a place of business or for manufacturing or industrial purposes or as a hospital or other public institution. (3) One side of a double house having a solid vertical partition wall. (4) A building owned or leased by one party, containing more than one apartment and having one entrance and using one hall in common. (5) A building owned or leased by one party having a number of apartments, offices or lofts, which are rented to tenants. (6) A public building such as a town hall, school house, fire engine house, etc. (7) A single lot or park or playground. (8) Each house in a row of houses. F. Domestic service lines in all cases shall be separate from fire service lines. Unless otherwise approved by the Commissioner, fire service lines shall not be less than four inches in diameter. § 371-90 Special equipment and materials for taps. Where the property owner requests a tap on a water main which is of a material other than cast iron or ductile iron, special equipment and materials may be required. The City shall not be held liable for any delay in obtaining special equipment and materials needed to complete the work. § 371-91 Responsibility of owners. A. The property owner shall, at their expense, including all necessary labor and materials, install, maintain, and keep in good repair and proper operating condition all service lines serving the property. The Commissioner may direct the owner to replace or repair, as directed, any and all parts of the service line serving said property which, in the Commissioner’s opinion, may be necessary to prevent leakage or waste of water or damage to property. All repairs to water service lines shall be performed at the customer’s expense to City specifications and shall be subject to inspection and approval by the Commissioner. B. Property owners shall, at their expense, including all necessary labor and materials, keep the service line curb box readily accessible to the Water Department for the purposes of turning water off or on. They shall also maintain the boxes level with the surface of adjoining ground, pavement, walk or driveway for the safety of pedestrians or other traffic. C. The City shall not be responsible for its inability to turn water off or on in the event that the water service valve is inaccessible or inoperable, nor shall it be liable on account of injury to persons or damage to property by reasons of the fact that the curb box or curb stop or any part of the service line was not maintained in accordance with these rules and regulations. D. The City shall not be liable in any way for injury to persons or damage to property by reason of breaks, obstructions, leaks in service lines and house piping or any part thereof as the result of frost or necessary maintenance operations of the Water Department or any other cause. E. Any service line or any part thereof which may become frozen shall be thawed, repaired, or replaced by the property owner at their expense, as directed by the Commissioner. APPROVED AS TO FORM THIS 1ST DAY OF APRIL, 2021 _____________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: April 1, 2021 Sponsor(s) Council Member O’Brien LOCAL LAW J of 2021 (As Amended 04/01/2021) TITLE A LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INSTALLATION AND REPAIR OF SERVICE LINES AND REPLACEMENT OF LEAD SERVICE LINES GENERAL PURPOSE OF THE LEGISLATION Section 1 of this legislation removes from the Code the requirement that the Water Department use lead pipes. Under section 2 of this legislation, property owners must apply to the Water Department “[p]rior to the installation or repair of service lines.” The legislation also lays out rules and regulations for service and installation of service lines, once approved, including by specifying the type and quality of materials to be used and regulations for the type and location of trenches dug to access service line. More specifically, the local law states that “There shall be no repair of galvanized iron or lead service lines. Such lines shall be replaced by copper lines unless otherwise permitted.” Thus, this legislation will prohibit even the repair of lead service lines in most situations; such lines must instead be replaced with copper. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This legislation is part of a broader effort by the Water Department to move forward with its program of replacing lead service lines in the City, as lead pipe is no longer an acceptable material to use in public water systems, due to the potential negative health impacts it can cause. By creating a requirement in the Code by which the entirety of a lead service must be replaced when a water service is exposed for repair or replacement work, the Water Department will be able to effectively eliminate spot repairs or half service replacements, which are very common and likely increase lead levels for a home with lead service lines. FISCAL IMPACT None, as the cost for such repairs will be borne by the property owner, not the City. Council Member Farrell on behalf of the Committee on Finance, Taxation, and Assessment introduced the following: RESOLUTION NUMBER 23.31.21R (As Amended 04/02/2021) A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR THE 2021 BUDGET (ALBANY POLICE DEPARTMENT) WHEREAS, section 603(D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate or salary total that occurs outside of those described in the duly adopted budget requires the approval of the Common Council; and WHEREAS, the Police Department of the City of Albany has requested an amendment to the 2021 budget to increase by $4,804 the salary for the position of Building Services Supervisor, from $45,196 to $50,000; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds affecting a salary total due to the increase in salary of the Building Services Supervisor position within the Albany Police Department for the 2021 budget year. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Support Memorandum Date: February 12, 2021 Sponsor: Council Member Farrell on behalf of the Committee on Finance, Taxation, and Assessment RESOLUTION NUMBER 23.31.21R (As Amended 04/02/2021) TITLE A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR THE 2021 BUDGET (ALBANY POLICE DEPARTMENT) GENERAL PURPOSE OF THE LEGISLATION The Albany Police Department has requested to increase the salary of the Building Services Supervisor position from its current $45,196 to $50,000. This will enable APD to better attract qualified applicants for the position. NECESSITY FOR LEGISLATION AND CHANGE TO EXISTING LAW Pursuant to section 603(D)(b) of the City Charter “any transfer of budgeted funds that affects any salary rate or salary total” requires the approval of the Common Council, which is expressed by resolution. FISCAL IMPACT This salary change represents an increase of $4,804.