Agenda Items: OFFICE OF MINORITY LEADER MIKE BREEN, 5TH DISTRICT Municipal Operations & Public Safety Committee September 28, 2022 @5:00 P.M. ET

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Agenda Items:
OFFICE OF MINORITY LEADER MIKE BREEN, 5TH DISTRICT
Municipal Operations & Public Safety Committee September 28, 2022
5:00 PM

Yonkers City Council Municipal Operations Committee.

1. A LOCAL LAW AMENDING SECTION 56-61 OF ARTICLE VII OF THE CHARTER OF THE CITY OF YONKERS ENTITLED “NOTICE TO DEMOLISH; PERMIT”

2. A GENERAL ORDINANCE IN RELATION TO A CITYWIDE TEMPORARY MORATORIUM ON THE ISSUANCE OF LICENSES FOR THE RETAIL SALE OF E-CIGARETTES AND TETRAHYDOCANNABINOL BASED PRODUCTS AND ON APPROVAL OF ANY BUSINESS PERMITTING VAPING OR USE OF TETRAHYDOCANNABINOL BASED PRODUCTS ON ITS PREMISES PENDING APPROPRIATE REVIEW.

3. A GENERAL ORDINANCE AMENDING CHAPTER 109 OF THE CITY CODE OF THE CITY OF YONKERS ENTITLED “VEHICLES AND TRAFFIC” WITH REGARD TO COMMERCIAL VEHICLES

4. A GENERAL ORDINANCE AMENDING CHAPTER 91 OF THE CODE OF THE CITY OF YONKERS ALSO KNOWN AS “GARBAGE AND REFUSE” IN REGARD TO GARBAGE RECEPTACLES
*ITEM TO BE DISCUSSED JOINTLY WITH ENVIRONMENTAL POLICY & PROTECTION COMMITTEE

5. Any additional items that may properly come before this Committee

Committee Members
Minority Leader Mike Breen, Chairman Council President Lakisha Collins-Bellamy Majority Leader Tasha Diaz
Majority Whip John Rubbo Councilmember Shanae Williams

LOCAL LAW NO. ____ – 2022
BY MINORITY LEADER BREEN:

A LOCAL LAW AMENDING SECTION 56-61 OF ARTICLE VII OF THE CHARTER OF THE CITY OF YONKERS IN RELATION TO NOTICE TO DEMOLISH AND PERMIT.

BE IT ENACTED, by the City Council of the City of Yonkers, as follows:

Section 1. SECTION 56-61 OF ARTICLE VII OF THE CHARTER OF THE CITY OF YONKERS ENTITLED “NOTICE TO DEMOLISH; PERMIT”, is hereby amended to read as follows:

Article VII: Demolition
§ 56-61Notice to demolish; permit.
[Amended 7-18-1996 by L.L. No. 5-1996]

A. Before any existing building or part of an existing building is demolished, a statement, in writing, on forms to be furnished by the Department, constituting a notice to demolish shall be submitted to the Department by the owner or any person authorized by the owner, giving the full name and residence of each of the owners of the building to be demolished, the name and business address of the person who is to do the work and such other information respecting the building as the Department may require. Such notice shall be submitted not less than 48 hours before the work of demolition is commenced.

No demolition shall be commenced until a permit therefor shall have been issued by the Department and the Bureau of Plumbing regarding sewer disconnection. Nothing in this section shall be construed to place responsibility or liability on the City or its officers or employees by virtue of issuing a permit for or authorizing of any structure or structures.
demolition

B. Prior to the granting of the permit authorized by this section to raze an existing structure, a certificate of compliance must be filed in the office of the Commissioner by a qualified exterminator certifying that the building to be demolished and its immediate lot area have been satisfactorily treated and controlled with respect to rodent infestation and that prebaiting for rodent control has been undertaken at least two weeks before commencement
of demolition.

C. No permit authorized by this section to raze an existing structure or a portion thereof and no work of demolition shall be commenced unless the owner or any person authorized by the owner shall file with the Department satisfactory proof of compliance with Article 3O of the Labor Law of the State of New York.

D. Upon receipt of an application to demolish all or part of a building that was
built before the year 1950 the Department of Housing and Buildings shall refer
said application to the Landmarks Board.

E. No permit authorized by this section to raze an existing structure or a
portion thereof shall be issued and no work of demolition shall be commenced
until at least sixty (60) days after the Landmarks Preservation Board has
received the referral required in section D above unless the Landmarks
Preservation Board signs the demolition application and returns it to the
Department of Housing and Buildings without objection sooner.

Section 2. This local law shall take effect pursuant to the provisions the Municipal Home Rule Law of the State of New York.

INTRODUCER’S MEMORANDUM
SUBMITTED IN ACCORDANCE WITH SECTION §C4-6 OF THE CHARTER
SPONSOR: MINORITY LEADER BREEN

TITLE OF BILL: A LOCAL LAW AMENDING SECTION SECTION 56-61 OF ARTICLE VII OF THE CHARTER OF THE CITY OF YONKERS IN RELATION TO NOTICE TO DEMOLISH; PERMIT.

PURPOSE: TO AMEND SECTION SECTION 56-61 OF ARTICLE VII OF THE CHARTER OF THE CITY OF YONKERS IN RELATION TO NOTICE TO DEMOLISH; PERMIT TO REQUIRE THE DEPARTMENT OF HOUSING AND BUILDINGS TO REFER ALL APPLICATIONS FOR DEMOLITION PERMITS FOR BUILDINGS BUILT BEFORE THE YEAR 1950 TO THE LANDMARKS PRESERVATION BOARD BEFORE ISSUING A DEMOLITION PERMIT.
SUMMARY OF SPECIFIC PROVISIONS: REQUIRING THE DEPARTMENT OF HOUSING AND BUILDINGS TO REFER ALL APPLICATIONS FOR DEMOLITION PERMITS FOR BUILDINGS BUILT BEFORE THE YEAR 1950 TO THE LANDMARKS PRESERVATION BOARD AND REQUIRING THE DEPARTMENT OF HOUSING AND BUILDINGS TO WAIT AT LEAST SIXTY (60) DAYS BEFORE ISSUING A DEMOLITION PERMIT UNLESS THE LANDMARKS PRESERVATION BOARD PROVIDES WRITTEN NOTICE THAT IT HAS NO OBJECTION SOONER.

JUSTIFICATION: TO CODIFY AND AMEND THE EXECUTIVE ORDER DATED JUNE 6, 2008 THAT CURRENTLY REQUIRES A SIMILAR REFERRAL PROCESS FOR BUILDINGS THAT ARE SEVENTY FIVE (75) YEARS OLD IN ORDER TO EFFECTIVELY PRESERVE THE CITY’S GENUINE LANDMARKS WHILE ALLOWING FOR THE EFFICIENT REVIEW AND ISSUANCE OF DEMOLITION PERMITS BY THE DEPARTMENT OF HOUSING AND BUILDINGS.

IMPACT OF REGULATION ON BUSINESS AND INDIVIDUALS: THOSE BUSINESSES AND INDIVIDUALS THAT SUBMIT DEMOLITION PERMIT APPLICATIONS FOR BUILDINGS BUILT BEFORE THE YEAR 1950 WILL BE SUBJECT TO THE NEW REFERRAL PROCEDURE. CRIMINAL SANCTION IMPACT: There are no criminal sanctions in this amendment. LEGISLATIVE HISTORY:

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This ordinance shall take effect immediately.

FISCAL IMPACT STATEMENT

SUBMITTED IN ACCORDANCE WITH SECTION §C4-6 OF THE CHARTER

SUBJECT: A LOCAL LAW AMENDING SECTION 56-61 OF ARTICLE VII OF THE CHARTER OF THE CITY OF YONKERS IN RELATION TO NOTICE TO DEMOLISH; PERMIT.

No FISCAL IMPACT PROJECTED

BUDGET IMPACT

(To be completed by operating department and reviewed by Finance Department)
A) ☐General Fund ☐Board of Education ☐Special Revenue fund or District

B) EXPENSES AND REVENUES
Total Current Year Cost: ____________ Total Current Year Revenue:__________
Source of Funds (Check one): ☐Current Appropriations ☐Additional Appropriations ☐Transfer of
Existing Appropriations ☐Fee/Fine/Tax/Other (Explain)
Identify Accounts:________________________________________________________
Potential Related Operating Budget Expenses: Describe:
Potential Related Revenues: Current Year:
Next 5 years: Anticipated Savings:
Current Year:
Next 5 years: C) FISCAL IMPACT
Potential for additional personnel:____________
Annual Amount:$__________ Annual Amount:$__________
Annual Amount:$__________
Prepared By: _Michael Breen Title Minority Leader
Department: City Council Signature:_/s/ Michael Breen_____
Reviewed By:_______________________ FINANCE DEPARTMENT
Signature:__________________________ Date:______________________________

GENERAL ORDINANCE NO. No. ___– 2022 BY: COUNCILMEMBER RUBBO
A GENERAL ORDINANCE IN RELATION TO A CITYWIDE TEMPORARY MORATORIUM ON THE ISSUANCE OF LICENSES FOR THE RETAIL SALE OF E-CIGARETTES AND TETRAHYDROCANNABINOL BASED PRODUCTS, AND ON THE APPROVAL OF ANY BUSINESS PERMITTING VAPING OR USE OF TETRAHYDROCANNABINOL BASED PRODUCTS ON ITS PREMISES PENDING APPROPRIATE REVIEW

The City Council of the City of Yonkers, in City Council convened, does hereby ordain and enact as follows:

Section 1. Statement of legislative purposes and finding.

The City Council is concerned about the growing use of e-cigarettes and tetrahydrocannabinol based products. Retail establishments have appeared offering for sale e- cigarettes, vaping devices and related products. These products and the rise of vaping are of great concern. Of particular concern is the health risk and consequence to young people. E-cigarettes and tetrahydrocannabinol based products contain nicotine, toxic chemicals and other others harmful contents which medical and scientific authorities have yet to fully determine.
It is believed that e-cigarettes and the practice of vaping, and such other recently legalized substances can lead to the introduction and regular use of cigarettes and other traditional tobacco products which public health policy for decades has sought to eradicate. The industry associated with these products continues to aggressively target our young people in the marketing and sale of e-cigarettes, vaping and recently legalized tetrahydrocannabinol based products, introducing for example flavored e-cigarettes and vaping launch parties.

Vapor lounges and bar have opened across the New York metropolitan area. The City Council is determined to take all possible measures to control and discourage the sale and use of e- cigarettes and tetrahydrocannabinol based products to our young people, including examining the proximity of these activities in relation schools and other community areas.

In order to protect the health and future of our children, it is imperative that effective and appropriate controls and policies be considered with respect to the sale of e-cigarettes, vaping, and tetrahydrocannabinol based products.

Section 2. Temporary Moratorium

Therefore, based on the purpose and findings stated above, the City Council hereby enacts a temporary citywide moratorium on the issuance of licenses for the retail sale of e-cigarettes pursuant to Article XVII, §31-153 of the Consumer Protection Code, and on the opening of any establishment involved in the sale of e-cigarettes and tetrahydrocannabinol based products and on the approval of retail establishments permitting vaping and use of tetrahydrocannabinol based products on its premises until such time as a thorough examination is completed regarding the sale and use of these products in the City of Yonkers.

Section 3. If any section, subsection, clause, phrase or other portion of this ordinance is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body or other authority of competent jurisdiction, the portion of the law declared to be invalid shall be deemed a separate, distinct and independent portion and the declaration will not affect the validity of the remaining portions hereof, which shall continue in full force and effect.

Section4. The moratorium provided herein shall take effect immediately. The moratorium shall remain in effect for a period of 180 days commencing on the Effective Date. The moratorium period may be extended by an additional 180 days if deemed necessary by the City Council to complete its study and prepare recommendations.

SUBJECT: A GENERAL ORDINANCE IN RELATION TO A CITYWIDE TEMPORARY MORATORIUM ON THE ISSUANCE OF LICENSES FOR THE RETAIL SALE OF E-CIGARETTES AND TETRAHYDROCANNABINOL BASED PRODUCTS, AND ON THE APPROVAL OF ANY BUSINESS PERMITTING VAPING OR USE OF TETRAHYDROCANNABINOL BASED PRODUCTS ON ITS PREMISES PENDING APPROPRIATE REVIEW
x NEUTRAL IMPACT PROJECTED
BUDGET IMPACT

(Completed by operating department and reviewed by Finance Department or Council Staff)

A) ☐GeneralFund☐Board of Education☐Special Revenue fund or District

B) EXPENSESANDREVENUES
Total Current Year Cost: ____________ Total Current Year Revenue:___ _______ Source of Funds (Check one): ☐Current Appropriations ☐Additional Appropriations
☐Transfer of Existing Appropriations ☐Fee/Fine/Tax/Other (Explain)
Identify Accounts:________________________________________________________
Potential Related Operating Budget Expenses: Describe:

Potential Related Revenues: Current Year:

Next 5 years:

Anticipated Savings: Current Year: Next 5 years:
C) FISCAL IMPACT
Potential for additional personnel:____________
Annual Amount:$__________ Annual Amount:$__________
Annual Amount:$__________
Prepared By: Councilmember Rubbo Title: Councilmember Rubbo Department: City Council _
Signature:_________________________
Reviewed By:_______________________ FINANCE DEPARTMENT
Signature:__________________________ Date:______________________________
If you need more space, attach additional sheets.

SPONSOR’S MEMORANDUM SPONSOR: COUNCILMEMBER RUBBO
TITLE OF BILL: A GENERAL ORDINANCE IN RELATION TO A CITYWIDE TEMPORARY MORATORIUM ON THE ISSUANCE OF LICENSES FOR THE RETAIL SALE OF E-CIGARETTES AND TETRAHYDROCANNABINOL BASED PRODUCTS, AND ON THE APPROVAL OF ANY BUSINESS PERMITTING VAPING OR USE OF TETRAHYDROCANNABINOL BASED PRODUCTS ON ITS PREMISES PENDING APPROPRIATE REVIEW

PURPOSE: To impose a temporary moratorium on the distribution, sale, and offering of e-cigarettes, tetrahydrocannabinol based products, and on the approval of any business permitting vaping or the use of tetrahydrocannabinol based products on its premises pending appropriate review

SUMMARY OF SPECIFIC PROVISIONS: temporary moratorium on issuance of licenses pursuant to Article XVII, §31-153 of the Consumer Protection Code, and on approval of business offering on premises vaping or consumption of tetrahydrocannabinol based products.
JUSTIFICATION: E-cigarettes, vaping and tetrahydrocannabinol based products pose a health risk not yet fully understood and its sale and consumption in the City of Yonkers must be fully examined in order to protect the city’s residents and in particular its young people.

IMPACT OF REGULATION ON BUSINESS AND INDIVIDUALS: To be determined

CRIMINAL SANCTION IMPACT: N/A.
LEGISLATIVE HISTORY: N/A.
FISCAL IMPLICATIONS: To be determined
EFFECTIVE DATE: This ordinance shall take effect IMMEDIATELY

BY:
A GENERAL ORDINANCE AMENDING CHAPTER 109 OF THE CITY CODE OF THE CITY OF YONKERS ENTITLED “VEHICLES AND TRAFFIC” WITH REGARD TO COMMERCIAL VEHICLES

The City of Yonkers, in City Council convened, hereby ordains and enacts:

Section 1. Part X of the Code of the City of Yonkers, entitled “Vehicles and Traffic” is amended by amending Section 109-79, entitled “Commercial vehicles, buses, school buses, trailer, semitrailer, house-on wheels,” to read as follows:

§109-79. Commercial vehicles, buses, school buses, tractor, trailer, tractor-trailer semitrailer, house-on wheels.

A. No person shall park a commercial vehicle, trailer, tractor, tractor-trailer, semitrailer, house-on-wheels, bus or school bus, on any street other than for the expeditious unloading and delivery or pickup and loading of materials or people, or while providing a commercial service.

B. No person shall park any other commercial vehicle, including but not limited to vans or pick-up trucks, on any street other than for the expeditious unloading and delivery or pickup and loading of materials or people, or while providing a commercial service.
Section 2. This General Ordinance shall take effect upon compliance with §C4-6 of the Charter of the City of Yonkers and the provisions of the Municipal Home Rule Law of the State of New York.

C. In addition to any applicable sanctions, fees, or remedies provided by law or regulation, any vehicle parked in violation of subdivision (A) or (B) of this section may be subject to impoundment by the City of Yonkers. Any vehicle impounded pursuant to this provisional shall not be released until all applicable towing and storage fees have been paid.

By:
GENERAL ORDINANCE AMENDING CHAPTER 91 OF THE CODE OF THE CITY OF YONKERS ALSO KNOWN AS “GARBAGE AND REFUSE” IN REGARD TO GARBAGE RECEPTACLES

Be it ordained by the City Council of the City of Yonkers, as follows:
Section 1. Chapter 91 of the Code of the City of Yonkers entitled “Garbage and Refuse”, and specifically Article II entitled “Collection by City” is hereby amended in part by amending Section 91- 16 to read as follows;

Chapter 91. GARBAGE AND REFUSE
Article II. Collection by City

§ 91-16 Duty to provide receptacles.

Section 2.
A. It shall be the duty of every owner, tenant, lessee, occupant or person in charge of any building or structure used in whole or in part for dwelling purposes, except where the partial use of such building or structure is incidental to the carrying on of a business, industrial, manufacturing or other establishment therein conducted for profit, or in charge of any building or structure used exclusively as a hospital, orphan asylum, home for the blind, home for the aged or indigent, convalescent home, educational institution or for religious purposes by a corporation or association organized for one or more such purposes, provided that no officer, member or employee of such corporation or association is receiving or is entitled to lawfully receive any pecuniary profit from the operation thereof, except reasonable compensation for services rendered, to provide and cause to be kept and provided for the exclusive use of such building or part thereof a sufficient number of receptacles to accommodate all accumulations of garbage, waste, refuse and ashes between collections, in the manner set forth in this article. Buildings or structures containing 6 or more dwelling units must use receptacles that are to accommodate all accumulations of garbage, waste, refuse and ashes between collections. In the event that plastic bags are used as receptacles by those in dwellings of less than 6 units, they must be securely packed and fastened so there is no spillage of any kind therefrom.

B. It shall be the duty of any
to accommodate all accumulations of garbage, waste, refuse and ashes between collections. This shall not apply where a dumpster or other roll-off type receptacle is utilized.

C. This ordinance shall take effect immediately.
heavy duty plastic and a non-removable lid in sufficient number
owner, lessee or person, firm or corporation in control of any
that are made of heavy duty plastic and a non-removable lockable lid in sufficient number
made of business, industrial, manufacturing or other commercial activity to provide receptacles.

The requirements for lidded containers in sections A and B shall not apply where a
dumpster or other roll-off type receptacle is utilized.

# # #

Committee Members

Minority Leader Mike Breen, Chairman

Council President Lakisha Collins-Bellamy

Majority Leader Tasha Diaz

Majority Whip John Rubbo

Councilmember Shanae Williams

# # #

SOURCE: Nerissa D. Peña | Second Deputy City Clerk | City of Yonkers | City of Yonkers – City Hall | 40 So. Broadway, Rm 107 | Yonkers, NY 10701 | Office: (914)377-6020 | Fax: (914)377-6029

TribuneAgenda Items: OFFICE OF MINORITY LEADER MIKE BREEN, 5TH DISTRICT Municipal Operations & Public Safety Committee September 28, 2022 @5:00 P.M. ET