Section 19-101
§ 19-101 Definitions. Whenever used in this title:
a. "Commissioner" shall mean the commissioner of transportation.
b. "Department" shall mean the department of transportation.
c. "Street" has the meaning ascribed thereto in subdivision thirteen
of section 1-112 of this code.
d. "Sidewalk" shall mean that portion of a street between the curb
lines, or the lateral lines of a roadway, and the adjacent property
lines, but not including the curb, intended for the use of pedestrians.
* e. "Asphalt" shall mean a dark brown to black bitumen pitch that
melts readily and which appears in nature in asphalt beds or is produced
as a by-product of the petroleum industry.
* NB Effective January 1, 2015
* f. "Asphaltic concrete" or "asphalt paving" shall mean a mixture of
liquid asphalt and graded aggregate used as paving material.
* NB Effective January 1, 2015
* g. "I-4 mix" shall mean a type of heavy duty asphaltic concrete mix
containing 0.75 inch (19mm) nominal maximum size aggregate with 25% to
50% of the aggregate capable of passing through a No. 8 sieve and in
which all sand contained in the mix is crushed.
* NB Effective January 1, 2015
* h. "Reclaimed asphalt pavement" shall mean asphalt pavement that has
been processed for reuse in asphaltic concrete.
* NB Effective January 1, 2015
Section 19-101.1
§ 19-101.1 Department of design and construction. Any power granted by
this chapter to the commissioner of transportation or the department of
transportation related to construction or other work shall be performed
by the department of design and construction in accordance with chapter
fifty-five of the charter unless otherwise directed by the mayor
pursuant to such chapter. Where the commissioner of transportation or
the department of transportation is authorized by this chapter to
promulgate specifications relating to construction or other work, such
promulgation shall be done in consultation with the department of design
and construction.
Section 19-101.2
§ 19-101.2 Review of major transportation projects. a. For the
purposes of this section, the following terms shall be defined as
follows:
1. "Affected council member(s) and community board(s)" shall mean the
council member(s) and community board(s) in whose districts a proposed
major transportation project is to be located, in whole or in part.
2. "Major transportation project" shall mean any project that, after
construction will alter four or more consecutive blocks, or 1,000
consecutive feet of street, whichever is less, involving a major
realignment of the roadway, including either removal of a vehicular
lane(s) or full time removal of a parking lane(s) or addition of
vehicular travel lane(s).
b. If an agency of the city other than the department implements a
major transportation project, such agency, in lieu of the department,
shall provide the notice required by this section.
c. Prior to the implementation of a major transportation project, the
department shall forward notice of such project, including a description
of such project, to affected council member(s) and community board(s) by
electronic mail.
d. Within ten business days after receipt of such notice: (i) the
affected council member(s) may submit recommendations and/or comments on
such notice to the department; and (ii) the affected community board(s)
may either submit recommendations and/or comments on such notice to the
department and/or request a presentation of the major transportation
project plan by the department, which shall be made to the community
board within thirty days of such community board's request.
e. Each presentation shall include, at a minimum, the project limits,
a description, and a justification of such plan, and a map showing the
streets affected by such plan and, within three days of such
presentation, shall be forwarded to the affected council member(s).
f. The department shall consider recommendations and/or comments, if
any, made under the provisions of subdivision d of this section and/or
within seven days of the presentation to the community board, from the
affected council member(s) and affected community board(s), and may
incorporate changes, where appropriate, into the plan.
g. The department may implement its plan fourteen or more days after
it sends an amended plan or notice that it will proceed with its
original plan to the affected council member(s) and community board(s).
h. Nothing in this section shall be construed to prohibit the
department from providing notice of its major transportation projects on
its website and to affected council member(s) and community board(s) and
other interested parties by other means in addition to those specified
in this section.
i. Nothing in this section shall be construed to require the
department to provide notification of major transportation projects
requiring immediate implementation to preserve public safety.
j. Prior to the implementation of a major transportation project, the
department shall consult with the police department, the fire
department, the department of small business services and the mayor's
office for people with disabilities. The department shall include a
certification of such consultations in the notice required by
subdivision c of this section.
Section 19-101.3
§ 19-101.3 Reporting requirement following the completion of major
transportation projects. a. For purposes of this section, "affected
council member(s) and community board(s)" and "major transportation
project" shall have the same meanings as in section 19-101.2 of this
chapter.
b. Not more than eighteen months following the completion of a major
transportation project, the department shall submit to the affected
council member(s) and community board(s) and shall post on the
department's website the average number of crashes for the three years
prior to the commencement of the major transportation project and the
year subsequent to the completion of the major transportation project,
disaggregated by the streets affected by the major transportation
project, and disaggregated further by the number of motorists and/or
injured or killed passengers, bicyclists and pedestrians involved.
c. Simultaneous to providing the information required by subdivision b
of this section, the department shall provide to the affected council
member(s) and community board(s) and shall post on the department's
website other data related to the project including but not limited to
speed data, vehicular volume data and vehicular level of service data to
the extent such data is relevant to the project. Accompanying such data
shall be an explanation of the data, along with the dates and times of
the collection of such data, and similar data from prior to the
commencement of the major transportation project.
d. The department shall consult with the fire department and the
police department regarding the effect a major transportation project
has had on emergency vehicles, and shall report the results of such
consultations with the information required by subdivisions b and c of
this section.
Section 19-101.4
§ 19-101.4 Online accessible list of pedestrian safety projects. a.
For the purposes of this section, the following terms shall be defined
as follows:
1. "Accessible pedestrian signal" shall mean a device that
communicates information about pedestrian signal timing in a nonvisual
format.
2. "Accessible to people with disabilities" shall mean:
i. A text equivalent for every non-text element is provided;
ii. equivalent alternatives for any multimedia presentation are
synchronized with the presentation;
iii. web pages are designed so that all information conveyed with
color is also available without color;
iv. documents are organized so they are readable without requiring an
associated style sheet;
v. redundant text links are provided for each active region of a
server-side image map;
vi. client-side image maps are provided instead of server-side image
maps except where the regions cannot be defined with an available
geometric shape;
vii. row and column headers are identified for data tables;
viii. markup is used to associate data cells and header cells for data
tables that have two or more logical levels of row or column headers;
ix. frames are titled with text that facilitates frame identification
and navigation;
x. pages are designed to avoid causing the screen to flicker with a
frequency greater than 2 HZ and lower than 55 Hz;
xi. a text-only page, with equivalent information or functionality
shall be provided to make a web site comply with the provisions of this
part, when compliance cannot be accomplished in any other way. The
content of the text-only page shall be updated whenever the primary page
updates;
xii. when pages utilize scripting languages to display content, or to
create interface elements, the information provided by the script is
identified with functional text that can be read by assistive
technology;
xiii. when pages require that an applet, plug-in or other application
be present on the client system to interpret page content, the page must
provide a link to that plug-in or applet;
xiv. when electronic forms are designed to be completed on-line the
form shall allow people using assistive technology to access the
information, field elements, and functionality required for completion
and submission of the form, including all directions and cues;
xv. a method shall be provided that permits users to skip repetitive
navigation links; and
xvi. when a timed response is required, the user is alerted and given
sufficient time to indicate more time is required.
3. "Bicycle lane" shall mean a portion of the roadway that has been
marked off or separated for the preferential or exclusive use of
bicycles.
4. "Exclusive pedestrian signal" shall mean a pedestrian control
signal that allows pedestrians an exclusive interval at which to cross
while traffic is stopped in all directions.
5. "Leading pedestrian signal" shall mean a pedestrian control signal
that displays a walk indicator before a green indicator of a traffic
control signal within the same intersection is displayed.
6. "Major transportation project" shall mean any project that, after
construction, will alter four or more consecutive blocks or 1,000
consecutive feet of street, whichever is less, involving a major
realignment of the roadway, including either removal of a vehicular
lane(s) or full time removal of a parking lane(s) or addition of
vehicular travel lane(s).
7. "Pedestrian plaza" shall mean an area designated by the New York
city department of transportation for use as a plaza located within the
bed of a roadway, which may contain benches, tables or other facilities
for pedestrian use.
b. The department shall post on its website, in a format accessible to
people with disabilities:
i. The location of all major transportation projects and all
installations or removals of bicycle lanes, pedestrian plazas, leading
pedestrian signals, exclusive pedestrian signals and accessible
pedestrian signals. Such posting shall be made not less than seventy-two
hours prior to the expected completion date of each project,
installation or removal.
ii. The location of all major transportation projects subject to
section 19-101.2 of this code completed on or after January 1, 2010 and
all bicycle lanes, pedestrian plazas, leading pedestrian signals,
exclusive pedestrian signals and accessible pedestrian signals in
existence on the effective date of this section. Such posting shall be
made on or before the effective date of this section, except that all
such leading pedestrian signals and exclusive pedestrian signals shall
be posted on or before December 31, 2012.
Section 19-101.5
§ 19-101.5 Electric vehicle advisory committee. a. There shall be an
advisory committee on electric vehicles in New York city. Committee
members shall include the commissioner of the department, who shall
serve ex officio and appoint a chairperson, the commissioner of the
department of environmental protection, the commissioner of the
department of buildings, and the director of the office of long term
planning and sustainability, or the designee of each such commissioner
or director, at least one representative from the electric vehicle
industry appointed by the commissioner of the department, the speaker of
the city council or his or her designee, the five borough presidents or
their designees and transportation and environmental advocates appointed
by the commissioner of the department. The appointed members of the
advisory committee shall serve without compensation. The advisory
committee shall meet at least twice per year and shall make
recommendations on or before February 1 annually, commencing in 2015, on
ways to promote the usage of electric vehicles among the general public,
which shall include consideration of methods to enhance the availability
of electric vehicle charging methods and of parking, regulatory,
technical and fiscal issues surrounding the increased use of electric
vehicles in New York City.
b. Recommendations of the advisory committee pursuant to subdivision a
of this section shall be sent by the committee to the mayor and the
speaker of the council and shall be made available on the city's website
within ten days of the release of any such recommendations.
c. Appointment of committee members shall occur within one hundred
eighty days of the enactment of this section. The advisory committee
shall cease to exist five years following the date of the first meeting
of such committee.
Section 19-102
§ 19-102 Unlawful use or opening of street. Except as otherwise
provided by law, no person shall remove, open or otherwise disturb the
pavement of, or excavate in, a public street, or use any part of a
public street so as to obstruct travel therein (i) without a permit from
the commissioner, and (ii) unless such removal, opening or other
disturbance of the pavement or such excavation or use is carried out in
accordance with the provisions of this subchapter and of section 24-521
of the code, the rules of the department in relation thereto and the
terms and conditions of such permit.
Section 19-103
§ 19-103 Permits. a. In addition to any of the requirements specified
in this subchapter and except as hereinafter specifically provided, all
permits issued by the commissioner pursuant to this subchapter shall be
subject to the provisions of this section and any rules promulgated
pursuant thereto. All applications for permits shall be submitted to the
commissioner in such form and shall contain such information as the
commissioner shall prescribe.
b. Each permit shall be subject to such reasonable conditions as the
commissioner may determine are necessary to protect public safety and to
safeguard the interests of the city.
c. The commissioner may require that an applicant for a permit deposit
cash and/or a bond or other form of security with the city in an amount
which the commissioner determines may be necessary to cover and pay all
of the expenses, costs and liability that the city may incur as a result
of the activity for which the permit is to be issued, to insure prompt
compliance with the terms and conditions of the permit or to otherwise
safeguard the interests of the city.
d. The commissioner may suspend review of application for permits
pending (i) payment by an applicant of outstanding fines, civil
penalties or judgments imposed or entered against such applicant by a
court or the environmental control board pursuant to this subchapter,
(ii) payment by an applicant of outstanding fees or other charges
lawfully assessed by the commissioner against such applicant pursuant to
this subchapter and/or (iii) satisfactory compliance by an applicant
with a request for corrective action or order issued by the commissioner
pursuant to this subchapter.
e. 1. The commissioner may, after giving the permittee notice and an
opportunity to be heard, revoke or refuse to renew a permit:
(a) for failure to comply with the terms or conditions of such permit
or the provisions of this subchapter or of section 24-521 of the code or
the rules or orders of the department in carrying out the activity for
which the permit was issued;
(b) whenever there has been any false statement or any
misrepresentation as to a material fact in the application or
accompanying papers upon which the issuance of the permit was based; or
(c) whenever a permit has been issued in error and the conditions are
such that the permit should not have been issued.
2. Notwithstanding the foregoing provision, if the commissioner
determines that an imminent peril to life or property exists, the
commissioner may revoke a permit without affording the permittee an
opportunity to be heard prior to such revocation. The permittee shall
have an opportunity to be heard, in accordance with the rules of the
department, within five days after such revocation.
f. The commissioner may refuse to issue a permit to an applicant (i)
who has exhibited a pattern of disregard for the provisions of this
subchapter, of section 24-521 of the code, the rules or orders of the
department in relation thereto or the terms or conditions of permits
issued pursuant to such provisions, or (ii) who has been found liable by
a court or in a proceeding before the environmental control board for a
violation of any provision of this subchapter, of section 24-521 of the
code, of a rule or order of the department in relation thereto or of a
term or condition of a permit issued pursuant to such provision, which
violation caused an imminent peril to life or property.
g. The commissioner, consistent with article twenty-three-A of the
correction law, may refuse to issue a permit if the applicant or any
officer, principal, director or stockholder of such applicant owning
more than ten percent of the outstanding stock of the corporation has
been convicted of a crime which in the judgment of the commissioner has
a direct relationship to fitness or ability to perform the activity for
which the permit is required.
h. 1. If the commissioner finds that a permittee or any employee,
agent, independent contractor or other person engaged in performing an
activity for which a permit has been issued has violated the terms or
conditions of such permit or any provision of this subchapter or of
section 24-521 of the code relating to the activity for which the permit
has been issued or any order issued by or rule promulgated by the
commissioner pursuant thereto or that a condition exists in any street
which is in violation of a provision of this subchapter or of section
24-521 of the code or any order issued by or rule promulgated by the
commissioner pursuant thereto, unless the condition is an imminent
threat to life or safety, the commissioner may (i) notify the permittee
or other responsible person of the condition found by the commissioner
to constitute such violation and request that action be taken to correct
the condition in such a manner and within such period of time as shall
be set forth in such request, and (ii) afford such permittee or other
responsible person an opportunity to contest the commissioner's finding
in a manner to be set forth in the rules of the department. The
commissioner may assess a fee for the administrative expense and the
expense of additional inspections which the department may incur as a
result of such condition.
2. The provisions of this subdivision shall not be construed to limit
the power of the commissioner to take any other action authorized
pursuant to this subchapter with respect to any violation, including but
not limited to, the commencement of an action or proceeding in a court
or before the environmental control board or to require that the
commissioner resort to the procedure set forth in this subdivision as a
prerequisite to the commencement of an action or proceeding in a court
or before the environmental control board or the taking of any other
action authorized pursuant to this subchapter with respect to a
violation.
i. As used in this section, the term "permit" includes a license.
Section 19-104
§ 19-104 Revocable consents. The issuance of revocable consents by the
commissioner pursuant to this subchapter shall be subject to the
provisions of chapter fourteen of the charter and the rules adopted by
the commissioner pursuant thereto.
Section 19-105
§ 19-105 Rules. The commissioner may promulgate rules to carry out the
provisions of this subchapter and the policies and procedures of the
department in connection therewith.
Section 19-106
§ 19-106 Right of entry. The commissioner may enter in the day time
upon any lands, tenements, hereditaments and waters which he or she
shall deem necessary to be surveyed, used or converted, for the purpose
of laying out and surveying streets, bridges, tunnels and approaches to
bridges and tunnels.
Section 19-107
§ 19-107 Temporary closing of streets. a. (i) Except as otherwise
provided by law, it shall be unlawful for any person to close any
street, or a portion thereof, within the jurisdiction of the
commissioner, to pedestrian or vehicular traffic without a permit from
the commissioner.
(ii) The commissioner may temporarily close or may issue a permit to
temporarily close to pedestrian or vehicular traffic any street, or a
portion thereof, within his or her jurisdiction, when, in his or her
judgment, travel therein is deemed to be dangerous to life, in
consequences of there being carried on in such street activities such as
building operations, repairs to street pavements, sewer connections, or
blasting for the purpose of removing rock from abutting property, or
upon advice from the police commissioner, fire commissioner or
commissioner of the office of emergency management that such closure
will promote or protect safety or life, or when such closure may be
necessary for a public purpose. In such event, the commissioner shall
make available to the community board and council member in whose
district such street is located information regarding any such closure
which continues beyond five business days, state the reason or reasons
for such closure and the estimated date for the street, or any portion
thereof, to reopen.
b. In the event that a publicly mapped street that is used for
vehicular or vehicular and pedestrian access, for which vehicular access
is fully closed for more than one hundred eighty consecutive days, the
commissioner shall issue or cause to be issued a community reassessment,
impact and amelioration (CRIA) statement that has been approved by the
commissioner or other government entity initiating the street closure
which shall be delivered to both the community board and the council
member in whose district the street is located on or before the two
hundred tenth day of the closure. Such CRIA statement shall contain the
following: the objectives of the closure and the reasons why the
continued street closure is necessary to attain those objectives, which
in the case of a closure initiated by a local law enforcement agency for
security reasons shall be satisfied by a statement from the local law
enforcement agency that the street has been closed and will remain
closed for security reasons; identification of the least expensive
alternative means of attaining those objectives and the costs of such
alternatives, or a statement and explanation as to the unavailability of
such alternatives, which in the case of a closure initiated by a local
law enforcement agency for security reasons shall be satisfied by a
statement from the law enforcement agency that there are no alternative
means available; how the continued street closure will impact access and
traffic flow to and within the surrounding community, including but not
limited to, access to emergency vehicles, residences, businesses,
facilities, paratransit transportation and school bus services; and any
recommendations to mitigate adverse impact and increase access to and
within the area. In the case of a closure initiated for security
reasons, the police department shall ensure that the CRIA statement does
not reveal non-routine investigative techniques or confidential
information or potentially compromises the safety of the public or
police officers or otherwise potentially compromise law enforcement
investigations or operations, provided that the issuance of the CRIA
statement shall not be delayed beyond the required time period. The
requirement for the issuance of a CRIA statement as described in this
subdivision may be satisfied by delivery of an environmental assessment
statement, environmental impact statement, or similar document required
by law to be prepared in relation to the street closure. Prior to the
issuance of a CRIA statement, the commissioner, in the case of a closure
for which a permit issued by the department is required, shall hold at
least one public forum, publicized in advance, in any affected community
at which the community may register its input concerning any potential
adverse impacts of the street closure, including but not limited to
concerns regarding timeliness of emergency vehicle response and traffic
congestion resulting in a potential increase in noise and any other
adverse conditions caused by the closure. In the case of a street
closure effectuated for security reasons by a local law enforcement
agency, such law enforcement agency shall hold the public forum provided
herein. Following the public forum(s), the council member in whose
district the street closure is located may forward to the government
entity which held the public forum(s) issues raised at the public
forum(s) by the participants. The government entity which held the
public forum(s) shall make its best efforts to respond to the issues
raised, utilizing the expertise of other city agencies if appropriate,
and shall provide such response to be appended to the CRIA statement. In
the case that an environmental assessment statement, environmental
impact statement, or similar document is substituted in lieu of the CRIA
statement, as provided for above, the public forum provisions provided
herein shall still apply.
c. For purposes of this section, a "street closure" shall not include
a street closure undertaken by a federal or state governmental entity.
Section 19-108
§ 19-108 Display of permit. A copy of any permit issued pursuant to
this subchapter shall be kept on the site of the opening or use or at
the designated field headquarters of the work with respect to which the
permit was issued and shall be presented upon demand of a police officer
or any authorized officer or employee of the department or of any other
city agency.
Section 19-109
§ 19-109 Protection at work site. a. Protective measures. Any person
who removes, opens or otherwise disturbs the pavement of or excavates in
a public street or uses any part of a public street so as to obstruct
travel therein shall provide barriers, shoring, lighting, warning signs
or other protective measures in accordance with the rules of the
department, so as to prevent danger to persons and property, and such
barriers, shoring, lighting, warning signs or other protective measures
shall be maintained in accordance with such rules until the work shall
be completed, or the danger removed.
b. Required signs. Legible signs shall be displayed at the site of
such work in accordance with the rules of the department, indicating
thereon the name of the permittee, the name of the person for whom the
work is being done and the names of any contractors, when employed.
c. Disturbance, prohibited. It shall be unlawful to throw down,
displace or remove any barrier, shoring, plate or warning sign or to
extinguish or remove any light thereon or on any obstruction in any
street, without the written consent of the commissioner or without the
consent of the person superintending the work or materials protected
thereby.
Section 19-110
§ 19-110 Liability for damage. In all cases where any person shall
engage in any activity for which a permit is required pursuant to this
subchapter, such person shall be liable for any damage which may be
occasioned to persons, animals or property by reason of negligence in
any manner connected with the work.
Section 19-111
§ 19-111 Curbs. All curbs for the support of sidewalks hereafter to be
laid shall be of the material or materials, dimensions and construction
required in department specifications for such work, which shall be
prescribed by the commissioner and kept on file in his or her office.
Section 19-112
§ 19-112 Ramps on curbs. In the construction and installation of all
new and reconstructed curbs at corner located street intersections and
pedestrian crosswalks not located at street intersections, provision
shall be made for the installation of the following: two ramps at
corners located at street intersections and one ramp at pedestrian
crosswalks not located at street intersections. Such ramps shall be no
less than four feet wide and shall blend to a common level with the
roadway. If a common level is unobtainable, then the lip of such ramps
shall not exceed a maximum of five-eighths of an inch and shall have a
rounded edge. The slope of such ramp shall not exceed eight per cent.
This section shall apply to all construction of new curbs and to all
replacement of existing curbs. The commissioner shall have discretion to
waive one of the two mandatory ramps at corners located at street
intersections where any of the following obstacles exists preventing
construction of such ramp within an intersection: fire hydrants, light
poles, traffic signals, fire alarms, or free-standing police alarms,
underground vaults, tunnels, utility maintenance holes (manholes),
chambers or where the gradient of the street on which the ramp is to be
located or an intersecting street exceeds a gradient of 1:8. The
commissioner may waive the construction of both such ramps where the
existence of underground vaults, tunnels, utility maintenance holes
(manholes) and chambers would either prevent the safe construction of
such ramps or render impossible the construction of such ramps to proper
specifications without removal of said underground installations. A
certification to such effect shall be made part of the engineering
design documents for such construction, and a copy thereof shall be
filed with the city clerk. Curbs for non-pedestrian routes, such as, but
not limited to, service paths for highways and pedestrian restricted
traffic islands shall not be subject to the provisions of this section.
Section 19-113
* § 19-113 Construction generally. Streets of twenty-two feet in width
and upward shall have sidewalks on each side thereof. The materials and
construction of streets, including the width of the sidewalks thereon,
shall fully conform to department specifications for such work, all of
which shall be prescribed by the commissioner and kept on file in his or
her office.
* NB Effective until January 1, 2015
* § 19-113 Construction generally. a. Streets of twenty-two feet in
width and upward shall have sidewalks on each side thereof.
b. The materials and construction of streets, including the width of
the sidewalks thereon, shall fully conform to department specifications
for such work, all of which shall be prescribed by the commissioner and
kept on file in his or her office.
c. Department specifications for streets shall include a requirement
that asphaltic concrete, other than I-4 mix or other heavy duty
asphaltic concrete mix approved by the commissioner, shall contain not
less than thirty percent reclaimed asphalt pavement, as measured by
weight, and I-4 mix or other approved heavy duty asphaltic concrete mix
shall contain not less than ten percent reclaimed asphalt pavement, as
measured by weight. In setting forth such specifications, the department
shall make best efforts to encourage the greatest use of reclaimed
asphalt pavement possible. This subdivision shall not apply to asphaltic
concrete used in a project where the content of asphaltic concrete is
governed by a federal or state law, rule, regulation, guideline or
specification that requires a different composition. The commissioner
may waive compliance with this subdivision if the commissioner, after
consulting with the commissioner of buildings and the owners or persons
in charge of all asphalt plants located within the city, finds that a
sufficient supply of reclaimed asphalt pavement is not available.
* NB Effective January 1, 2015
Section 19-114
§ 19-114 Excavations or embankments near landmarks. The commissioner
shall cause a covenant to be incorporated in all contracts hereafter
made by him or her for constructing, regulating or repairing any street,
requiring the contractor to obtain the permit required pursuant to
section 3-508 of the code and to take such other precautions for the
care and preservation of monuments, bolts and other landmarks as the
commissioner may direct.
Section 19-115
§ 19-115 Paving, generally. All streets shall be paved and arched in
full accordance with department specifications for such work, which
shall be prescribed by the commissioner and kept on file in his or her
office.
Section 19-116
§ 19-116 Paving by abutting owners. The commissioner may issue a
permit to allow any person or persons to pave the street opposite to
his, her or their property, where the same shall extend from the
intersection of one cross street to the intersection of another. Such
work shall be done in conformity with the rules and specifications of
the commissioner and subject to such conditions as he or she may impose.
Section 19-117
§ 19-117 Licensing of vaults. a. Limitation. It shall be unlawful for
any person to erect or build, or cause or permit any vault to be made
without a license issued by the commissioner pursuant to this section or
a revocable consent issued pursuant to chapter fourteen of the charter
and the rules adopted by the commissioner pursuant thereto. All vaults
shall be constructed in accordance with the provisions of the building
code of the city of New York. A license issued pursuant to this section
shall not authorize the construction of a vault which extends further
than the line of the sidewalk or curbstone of any street.
b. Licenses. Every application for a license to erect a vault shall be
in writing, signed by the person making the same, and shall state the
intended length and width of such vault and the number of square feet of
ground which is required therefor.
c. Compensation. Upon receiving such license the applicant therefor
shall forthwith pay to the commissioner such sum as the commissioner
shall certify in the license to be a just compensation to the city for
such privilege, calculated at the rate of not less than thirty cents,
nor more than two dollars, per foot, for each square foot of ground
mentioned as required for such vault.
d. Measurement. In the case of a new vault, before the arching or
covering thereof shall be commenced, the person to whom the license for
such vault shall have been granted shall cause the same to be measured
by a city surveyor. Such surveyor shall deliver to the commissioner, a
certificate, signed by the surveyor, specifying the dimensions of the
vault. The certificate shall be accompanied by a diagram showing the
square foot area of the vault, including its sustaining walls, and
indicating its location relative to the building and curb lines and to
the nearest intersecting street corner. In the case of an existing
vault, the person claiming the right to the use thereof shall furnish a
like certificate and diagram in respect thereof, but in such case the
measurement shall exclude the sustaining walls.
e. Refunds. If, from subsequent measurements, it shall appear that
less space has been taken than that paid for, the licensee shall be
entitled to receive a certificate from the commissioner showing the
difference. Upon the presentation of such certificate of difference to
the comptroller, the comptroller shall pay a rebate to the licensee, the
amount of which shall be the difference in money between the space fee
originally paid and the fee for space actually taken.
f. Unauthorized encroachments. If it shall appear that the vault or
cistern occupies a greater number of square feet than shall have been so
paid for, the owner thereof shall, in addition to the penalty imposed
for such violation pursuant to section 19-149 or 19-150 of this
subchapter, forfeit and pay twice the sum previously paid for each
square foot of ground occupied by the vault over and above the number of
square feet paid for as aforesaid.
g. Responsibility. The master builder who shall complete or begin the
construction of a vault, and the owner or person for whom the same shall
be excavated or constructed shall be subject to the provisions and
payments of this section and sections 19-118, 19-119, and 19-120 of this
subchapter and to the penalties for violations thereof, severally and
respectively.
h. Exemption. Openings over which substantial and securely fixed
gratings of metal or other noncombustible material have been erected in
accordance with the provisions of this section and sections 19-118,
19-119 and 19-120 of this subchapter, shall be exempted from payment of
fees for licenses for vaults, provided such openings be used primarily
for light and ventilation, and provided such gratings are of sufficient
strength to sustain a live load of three hundred pounds per square foot
and are constructed with at least forty percent of open work.
Section 19-118
§ 19-118 Construction. All vaults shall be constructed of materials
conforming to the requirements of the building code of the city of New
York, and so that the outward side of the grating or opening into the
street shall be either within twelve inches of the outside of the
curbstone of the sidewalk, or within twelve inches of the coping of the
area in front of the house to which such vault shall belong.
Section 19-119
§ 19-119 Vault openings; protection of. It shall be unlawful for any
person to remove or insecurely fix, or cause, procure, suffer or permit
to be removed or to be insecurely fixed, so that the same can be moved
in its bed, any grate or covering or aperture of any vault or chute
under any street. However, the owner or occupant of the building with
which such vault is connected, may remove such grate or covering for the
proper purpose of such vault or chute. The opening or aperture shall be
inclosed, while such grate or covering be removed, with a strong box or
curb at least twelve inches high, firmly and securely made. Openings of
more than two square feet of superficial area shall be inclosed at such
times with strong railings not less than three feet high, to be approved
by the commissioner. Such grates or coverings shall not in any case be
removed until after sunrise of any day and shall be replaced before
one-half hour after sunset.
Section 19-120
§ 19-120 Vault covers must afford secure footing. The commissioner may
order the removal and replacement of vault covers which are broken or
present a slippery surface in the manner provided in the rules of the
department.
Section 19-121
§ 19-121 Construction and excavation sites; storage of materials and
equipment on street. a. Permit. It shall be unlawful for any person to
obstruct, or cause to be obstructed, any portion of a street with
construction materials or equipment, unless authorized by a permit
issued by the commissioner.
b. Conditions. In addition to any other conditions which may be set
forth in such permit or in the rules of the department, the following
conditions shall apply:
1. Any permit granted pursuant to this section shall be posted in a
conspicuous place on or near the material or equipment or kept on the
site or in the designated field headquarters of the work with respect to
which the permit was issued so as to be readily accessible to
inspection.
2. Sidewalks, gutters, crosswalks and driveways shall at all times be
kept clear and unobstructed, and all dirt, debris and rubbish shall be
promptly removed therefrom. The commissioner may authorize encumbrance
of the sidewalk with equipment or material in a manner which will not
prevent the safe passage of pedestrians on such sidewalk.
3. The outer surface of such construction material or equipment shall
be clearly marked with high intensity fluorescent paint, reflectors, or
other marking which is capable of producing a warning glow when struck
by the headlamps of a vehicle or other source of illumination.
4. All construction material and equipment shall have printed thereon
the name, address and telephone number of the owner thereof.
5. In a street upon which there is a surface railroad, construction
materials or equipment shall not be placed nearer to the track than five
feet.
6. The street under such construction material or equipment shall be
shielded by wooden planking, skids or other protective covering approved
by the commissioner.
7. Construction material or equipment shall not obstruct a fire
hydrant, bus stop or any other area as set forth in the rules of the
department the obstruction of which would impair the safety or
convenience of the public.
c. Removal of unauthorized obstructions. The commissioner may remove
any construction material or equipment placed in or upon any street in
violation of this section, the rules of the department or the terms or
conditions of a permit issued pursuant to this section. If the identity
and address of the owner is reasonably ascertainable, notice of the
removal shall be sent to the owner within a reasonable period of time
after the removal. If such material or equipment is not claimed within
thirty days after its removal, it shall be deemed to be abandoned. If
the equipment is a vehicle, its disposition shall be governed by section
twelve hundred twenty-four of the vehicle and traffic law. All other
unclaimed material or equipment may be sold at public auction after
having been advertised in the City Record and the proceeds paid into the
general fund or such unclaimed material or equipment may be used or
converted for use by the department or by another city agency or by a
not-for-profit corporation engaged in the construction of subsidized
housing. Material or equipment removed pursuant to this subdivision
shall be released to the owner or other person lawfully entitled to
possession upon payment of the costs of removal and storage as set forth
in the rules of the department and any fines or civil penalties imposed
for the violation or, if an action or proceeding for the violation is
pending in court or before the environmental control board, upon the
posting of a bond or other form of security acceptable to the department
in an amount which will secure the payment of such costs and any fines
or civil penalties which may be imposed for the violation.
Section 19-122
§ 19-122 Removal of debris. Any person other than the commissioner of
environmental protection or the commissioner of design and construction,
who may hereafter pave or cause to be paved any street, shall remove the
sand, dirt, rubbish or debris from such street and every part thereof,
within seven days after the pavement shall have been completed. In
addition to any penalties which may be imposed for violation of this
section, either commissioner may cause such sand, dirt, rubbish or
debris to be removed at the expense of the party neglecting or refusing
so to do, who shall be liable for the amount expended by the city. This
section shall be so construed as to apply to the removal of all sand,
dirt, rubbish or debris collected in any part of any and all streets
covered by any pavement so done or laid, or excavation that may have
been made, or other work done in pursuance thereof.
Section 19-123
§ 19-123 Commercial refuse containers. It shall be unlawful for any
person using a commercial refuse container or the owner or lessee
thereof to place or to permit the placement of such container on any
street unless the owner of such container has obtained a permit therefor
from the commissioner and unless such container is in compliance with
the provisions of this section and the rules of the department in
relation thereto. Commercial refuse container may be placed temporarily
on the street for such purposes and in such manner as the commissioner
shall prescribe. Such containers shall not be used for the deposit of
putrescible waste. The name and address of the owner of the container
and the permit number shall be posted on the container in the manner
provided in the rules of the department. The container shall be painted
with a phosphorescent substance, in a manner to be set forth in the
rules of the department, so that the dimensions thereof shall be clearly
discernible at night. The street under such container shall be shielded
by wooden planking, skids or other protective covering approved by the
commissioner. The provisions of this section which require the owner of
a container to obtain a permit prior to the placement of such container
on the street shall not apply to containers which are specifically
authorized to be placed on the street under a permit issued pursuant to
section 19-121 of this subchapter.
Section 19-124
§ 19-124 Canopies. a. Permit required. It shall be unlawful to erect
or maintain a canopy over the sidewalk without a permit granted by the
commissioner, and unless such canopy is erected and maintained in
accordance with this section and the rules of the department. Such
canopies may be erected and maintained:
1. In connection with the entrance to a building or place of business
within a building by or with the consent of the owner of the building.
2. In connection with a sidewalk cafe licensed by the commissioner of
consumer affairs. Such canopies shall be constructed of a noncombustible
frame, covered with flameproof canvas or cloth, approved slow-burning
plastic, sheet metal or other equivalent material, securely fastened to
the face of the building and supported by posts in the ground or in the
sidewalk, located between the building line and the curb line, and not
less than eight feet above the sidewalk.
b. Permit conditions. A permit may be issued by the commissioner to
erect and maintain a canopy over the sidewalk of any street, in
accordance with the rules of the department if deemed by the
commissioner as adequate in respect to public safety and convenience and
the special circumstances of the particular street or streets. Evidence
of the issuance of such permit in a form prescribed by the commissioner
shall be displayed at all times and in such manner as the commissioner
may direct. No such permit may be issued in streets listed as
"restricted streets" in the rules of the department, nor where such
permit would extend a nonconforming use in a residence district, as
defined by the zoning resolution of the city.
c. Permit fees. Prior to the issuance of such permit, each applicant
shall pay to the commissioner an annual fee as set forth in the rules of
the department, except that the fee for a permit for a canopy in
connection with a sidewalk cafe licensed by the commissioner of consumer
affairs shall be twenty-five dollars.
d. Term; transferability.
1. Each permit shall expire one year from the date of issuance thereof
unless sooner revoked by the commissioner.
2. A permit issued hereunder shall not be transferable from person to
person or from the location for which it is originally issued.
e. Advertising prohibited. It shall be unlawful to paint, print,
stencil or otherwise erect, attach or maintain any advertising sign,
picture, flag, banner, side curtain or other device upon any canopy
except that it shall be lawful to paint, imprint or stencil directly
upon a canopy, within the character and area limitations prescribed by
the zoning resolution of the city, the house or street number and/or
firm name or duly filed trade name limited to identification and
excluding any descriptive words contained in such firm name or duly
filed trade name tending to advertise the business conducted in such
premises.
f. Obstructing of egress prohibited. No part of any canopy shall be
located beneath a fire escape or so located as to obstruct operation of
fire escape drop ladders or counter-balanced stairs or so as to obstruct
any exit from a building.
g. Violations. The owner or agent of any building and the owner,
lessee, tenant, manager or agent in charge of any portion of a building
for the use or benefit of which an awning or canopy is erected or
maintained shall be liable for a violation of this section.
h. Rules. The commissioner may, except as otherwise provided by law,
make rules for the design, construction and maintenance of canopies
within the lines of any street and for the removal, storage and disposal
of unauthorized canopies as he or she may deem necessary for the safety
and convenience of the public.
i. Removal of unauthorized canopies. 1. Notwithstanding any provision
of law the commissioner may serve an order upon the owner of any
premises requiring such owner to remove or to cause to be removed any
unauthorized canopy fastened to or erected in front of his or her
building, within a period to be designated in such order. Upon the
owner's failure to comply with such order as and within the time
specified therein, the department may remove such canopy or cause the
same to be removed, the cost of which shall be due and payable and shall
constitute a lien against the premises to which such canopy may be
attached or in front of which it may be erected when the amount thereof
shall have been definitely computed by such department and an entry of
the amount thereof shall have been entered in the office of the city
collector in the book in which such charges against the premises are to
be entered. A notice thereof, stating the amount due and the nature of
the charge shall be mailed by the city collector, within five days after
such entry, to the last known address of the person whose name appears
on the records in the office of the city collector as being the owner or
agent or as the person designated by the owner to receive tax bills, or
where no name appears, to the premises addressed to either the owner or
the agent. If such charge is not paid within ninety days from the date
of entry, it shall be the duty of the city collector to collect and
receive interest thereon at the rate that would be applicable to a
delinquent tax on such property, to be calculated to the date of payment
from the date of entry. Such charge and the interest thereon shall
continue to be, until paid, a lien on the premises. Such charge and
interest shall be collected and the lien thereof may be foreclosed in
the manner provided by law for the collection and foreclosure of the
lien of such taxes, sewer rents, sewer surcharges and water rents due
and payable to the city, and the provisions of law applicable to the
collection and foreclosure of the lien of such taxes, sewer rents, sewer
surcharges and water rents shall apply to such charge and the interest
thereon and the lien thereof.
2. Service of an order upon an owner pursuant to the provisions of
this section shall be made personally upon such owner or by certified
mail addressed to the last known address of the person whose name
appears upon the records in the office of the city collector as being
the owner of the premises or as the agent of such owner or as the person
designated by the owner to receive the tax bills or, if no such name
appears, at the address set forth as the address of the owner in the
last recorded deed with respect to such premises. A copy of such order
shall also be filed in the clerk's office of each county where the
property is situated and posted in a conspicuous place on the premises.
Section 19-125
§ 19-125 Posts and poles. a. General provisions. It shall be unlawful
for any person to erect any post or pole in any street unless under a
permit or revocable consent of the commissioner.
b. Flagpole sockets. It shall be permissible, by and with a permit of
the commissioner and with the permission of the owners of abutting
property, for any organization of military, naval and marine war
veterans to place in sidewalks near the curb, at suitable distances
apart, sockets to be used only for the placing therein of stanchions or
poles on which to display American flags to be used on patriotic
occasions, public celebrations, or in connection with public parades.
c. Barber poles. The commissioner may grant permits for the placement
of barber poles, not exceeding eight feet in height above the sidewalk
level, and other emblematic signs within the stoop-lines or fastened to
the railing of any stoop, by or with the consent of the occupant of the
ground floor thereof, but not beyond five feet from the house line or
wall of any building where the stoop-line extends further, except on
streets where the stoop-lines have been abolished.
d. Ornamental lamp-posts. It shall be permissible by and with a
revocable consent granted by the commissioner and with the permission of
the owner of the abutting property to install ornamental posts,
surmounted by lamps, on sidewalks, near the curb in front of hotels,
places of worship, theatres, railroad stations, places of business,
apartment houses and places of public assemblage. No such post shall
exceed in dimensions at the base more than eighteen inches in diameter,
if circular in form, or, if upon a square base, no side thereof shall
exceed eighteen inches. Each bulb installed and maintained on each of
the lamp-posts to be erected shall be lighted and remain lighted every
night, during the hours in which public street lamps are illuminated.
The installation and maintenance of such poles and lamps and the power
supplied shall be at the expense of the person to whom the consent is
granted.
e. Notwithstanding any provision of law to the contrary, any business
subject to the provisions of subdivision a of this section, and any
organization of military, naval and marine war veterans subject to the
provisions of subdivision b of this section which displays the flag of
the United States on its property or on patriotic occasions, public
celebrations, or in connection with public parades shall be required to
obtain a permit or revocable consent for the erection of a post or pole
for such display but shall be exempt from any fee normally charged by
the department for the maintenance or erection of a post, flagpole or
flagpole socket for that purpose.
Section 19-126
§ 19-126 Building, structure and crane moving. a. It shall be unlawful
for any person to use, move, or remove, or to cause or permit to be
used, moved or removed, or to aid or assist in using, moving or
removing, any building, structure, or crane, used in connection with the
construction, repair or demolition of buildings or other structures
within the building line into, along or across any street, without a
permit from the commissioner.
b. The applicant for such a permit, where there are car tracks or
overhead wire construction, must obtain and file with the application
the consent of the company affected.
Section 19-127
§ 19-127 Use of hand trucks on the streets. It shall be unlawful for
any person to use hand trucks for commercial purposes upon any street
unless each hand truck shall have attached thereon a sign or plate
displaying the name and address of the owner of the hand truck, in
letters not less than one inch in size.
Section 19-128
§ 19-128 Damaged or missing signs. a. For the purposes of this
section, the phrase "priority regulatory sign" shall mean a stop sign,
yield sign, do not enter sign, or one way sign.
b. The department shall maintain a log of notices regarding priority
regulatory signs that are missing or damaged to the extent that any such
sign is not visible or legible to a motorist who must obey or rely upon
such sign. Such log shall include the date and time such notice was
received and the date and time on which such priority regulatory sign or
one way sign was repaired or replaced, or the date on which a
determination was made that repair or replacement was not warranted and
the reason for such determination.
c. The department shall within three business days of receiving notice
that a stop sign, yield sign or do not enter sign is missing or damaged
to the extent that such sign is not visible or legible to a motorist who
must obey or rely upon such sign either (i) repair or replace such sign
or (ii) make a determination that repair or replacement is not
warranted.
d. The department shall within seven business days of receiving notice
that a one way sign is missing or damaged to the extent that such sign
is not visible or legible to a motorist who must obey or rely upon such
sign either (i) repair or replace such sign or (ii) make a determination
that repair or replacement is not warranted.
Section 19-128.1
§ 19-128.1 Newsracks. a. Definitions. For purposes of this section,
the following terms shall have the following meanings:
1. "Newsrack" shall mean any self-service or coin-operated box,
container or other dispenser installed, used or maintained for the
display, sale or distribution of newspapers or other written matter to
the general public.
2. "Person" shall mean a natural person, partnership, corporation,
limited liability company or other association.
3. "Sidewalk" shall mean that portion of a street between the curb
lines or the lateral lines of a roadway and the adjacent property lines,
but not including the curb, intended for the use of pedestrians.
4. "Crosswalk" shall mean that part of a roadway, whether marked or
unmarked, which is included within the extension of the sidewalk lines
between opposite sides of the roadway at an intersection.
5. "Crosswalk area" shall mean that area of the sidewalk bounded by
the extension of the lines of a crosswalk onto the sidewalk up to the
building or property line.
6. "Corner area" shall mean that area of a sidewalk encompassed by the
extension of the building lines to the curb on each corner.
7. "Board" shall mean the environmental control board of the city of
New York.
8. "Close proximity" shall mean a distance adjacent to an area
designed to facilitate safe ingress or egress that will reasonably
permit and protect such safe ingress or egress.
b. Requirements. It shall be a violation for any person to place,
install or maintain a newsrack on any sidewalk unless such newsrack is
in compliance with the provisions of this section.
1. The maximum height of any newsrack containing a single publication
shall be fifty inches. The maximum width of any such newsrack shall be
twenty-four inches. The maximum depth of any such newsrack shall be
twenty-four inches.
2. No newsrack shall be used for advertising or promotional purposes,
other than announcing the name and/or website of the newspaper or other
written matter offered for distribution in such newsrack.
3. Each newsrack used to sell newspapers or other written matter shall
be equipped with a coin return mechanism in good working order so as to
permit a person to secure a refund in the event that the newsrack
malfunctions.
4. The owner or person in control of each newsrack shall affix his or
her name, address, telephone number, and email address, if any, on the
newsrack in a readily visible location and shall conform such
information to any changes required to be reported to the department in
accordance with the provisions of subdivision c of this section. In no
event shall a post office box be considered an acceptable address for
purposes of this paragraph.
5. Subject to the limitations set forth in this section, newsracks
shall be placed near a curb.
6. A newsrack shall not be placed, installed or maintained: (a) within
fifteen feet of any fire hydrant; (b) in any driveway or within close
proximity of any driveway; (c) in any curb cut designed to facilitate
street access by disabled persons or within two feet of any such curb
cut; (d) within close proximity of the entrance or exit of any railway
station or subway station; (e) within any bus stop; (f) within a
crosswalk area; (g) within a corner area or within five feet of any
corner area; (h) on any surface where such installation or maintenance
will cause damage to or will interfere with the use of any pipes, vault
areas, telephone or electrical cables or other similar locations; (i) on
any cellar door, grating, utility maintenance cover or other similar
locations; (j) on, in or over any part of the roadway of any public
street; (k) unless eight feet of sidewalk width is preserved for
unobstructed pedestrian passage; (l) in any park or on any sidewalk
immediately contiguous to a park where such sidewalk is an integral part
of the park design, such as the sidewalks surrounding Central Park or
Prospect Park; (m) on any area of lawn, flowers, shrubs, trees or other
landscaping or in such a manner that use of the newsrack would cause
damage to such landscaping; or (n) where such placement, installation or
maintenance endangers the safety of persons or property. Any limitation
on the placement or installation of newsracks pursuant to this paragraph
shall be no more restrictive than necessary to ensure the safe and
unobstructed flow of pedestrian and vehicular traffic, and otherwise to
assure the safety of persons and property.
7. Every newsrack shall be placed or installed in a manner that will
ensure that such newsrack cannot be tipped over.
c. Notification to city of location of newsrack. 1. (a) Where a
newsrack has been placed or installed on a sidewalk before the effective
date of this section, the owner or person in control of such newsrack
shall, within sixty days after such effective date, submit to the
commissioner a form identifying: (i) the address of such newsrack; (ii)
the name of the newspaper(s) or written matter to be offered for
distribution in such newsrack; and (iii) the name, address, telephone
number, and email address of the owner or person in control of such
newsracks; and representing that such newsracks comply with the
provisions of this section.
(b) Any other owner or person in control of a newsrack shall, prior to
placing or installing such newsrack on a sidewalk, submit to the
commissioner a form providing the information in clauses (ii) and (iii)
of subparagraph (a) of this paragraph.
2. Subsequent to the initial notification requirements set forth in
paragraph one of this subdivision, the owner or person in control of any
newsrack shall submit the information set forth in subparagraph a of
such paragraph once a year to the commissioner in accordance with a
notification schedule to be established by the commissioner. However, if
the number of newsracks owned or controlled by such owner or person
increases or decreases by ten percent or more of the number of newsracks
that have been included in the most recent notification required to be
submitted by such owner or person, such owner or person shall also be
required to submit the information set forth in such paragraph within
seven days of such change, and provided, further, that such owner or
person shall advise the department of any change in his or her name or
address within seven days of such change.
3. Notification to the city, as required by paragraphs 1 and 2 of this
subdivision, may be submitted to the department electronically.
d. Indemnification and insurance. 1. Each person who owns or controls
a newsrack placed or installed on any sidewalk shall indemnify and hold
the city harmless from any and all losses, costs, damages, expenses,
claims, judgments or liabilities that the city may incur by reason of
the placement, installation or maintenance of such newsrack, except to
the extent such damage results from the negligence or intentional act of
the city.
2. Each person who owns or controls a newsrack on any sidewalk shall
maintain a general liability insurance policy naming the city of New
York, and its departments, boards, officers, employees and agents as
additional insureds for the specific purpose of indemnifying and holding
harmless those additional insureds from and against any and all losses,
costs, damages, expenses, claims, judgments or liabilities that result
from or arise out of the placement, installation and/or the maintenance
of any newsrack. The minimum limits of such insurance coverage shall be
no less than three hundred thousand dollars combined single limit for
bodily injury, including death, and property damage, except that any
person who maintains an average of one hundred or more newsracks at any
one time shall maintain such minimum insurance coverage of one million
dollars. An insurance certificate demonstrating compliance with the
requirements of this subdivision shall be submitted annually by December
31st to the commissioner by the person who owns or controls such insured
newsracks. Should said policy be called upon to satisfy any liability
for damages covered by said policy, the policy must be of such a nature
that the original amount of coverage is restored after any payment of
damages under the policy. Failure to maintain a satisfactory insurance
policy pursuant to this subdivision or failure to submit an annual
insurance certificate to the commissioner pursuant to this subdivision,
shall be deemed a violation of this section subject to subparagraph b-1
of paragraph one of subdivision f of this section.
e. Maintenance, continuous use, repair and removal. 1. Any person who
owns or is in control of a newsrack shall certify once every four months
to the commissioner on forms prescribed by the commissioner that each
newsrack under his or her ownership or control has been repainted, or
that best efforts have been made to remove graffiti and other
unauthorized writing, painting, drawing, or other markings or
inscriptions at least once during the immediately preceding four month
period. Such person shall maintain a log in which the measures and the
dates and times when they are taken are recorded in accordance with a
format approved or set forth by the commissioner. Such person shall
maintain records for a period of three years documenting the use of
materials, employees, contractors, other resources and expenditures
utilized for the purpose of demonstrating the repainting or best efforts
of such person to remove such graffiti or other unauthorized writing,
painting, drawing, or other markings or inscriptions. Such person shall,
solely for the purposes of complying with the provisions of this
paragraph, make such log and such records, and only such log and such
records, available to the department for inspection and copying during
normal and regular business hours and shall deliver copies to the
department upon its request. Such inspection may only be conducted by
the department once per certification period. If the department
determines that such certification, log and records do not accurately
demonstrate that an owner or person in control of a newsrack has
repainted or used best efforts for such purposes as required by this
paragraph, or upon a determination by the department that an owner or
such person failed to comply with any other provision of this paragraph,
the department shall issue a notice of violation in accordance with
subparagraph b-1 of paragraph one of subdivision f of this section.
2. Any person who owns or is in control of a newsrack shall use best
efforts to ensure that each newsrack under his or her ownership or
control is not used as a depository for the placement of refuse and
shall be required to remove any refuse placed within such newsrack
within forty-eight hours of receipt of a notice of correction from the
commissioner as provided in subparagraph a of paragraph one of
subdivision f of this section regarding such condition.
3. In no event shall the owner or person in control of a newsrack fail
to keep such newsrack supplied with written matter for a period of more
than seven consecutive days without securing the door so as to prevent
the deposit of refuse therein. In no event shall such newsrack remain
empty for a period of more than thirty consecutive days.
4. Any newsrack that has been damaged or is in need of repair shall be
repaired, replaced or removed by the owner or person in control of such
newsrack within seven business days of receipt of a notice of correction
from the commissioner as provided in subparagraph a of paragraph one of
subdivision f of this section regarding such damage or need for repair.
If such newsrack has been damaged, or if it is in a state of disrepair,
such that it constitutes a danger to persons or property, it shall be
made safe within a reasonable time following receipt of such a notice of
correction from the commissioner regarding such condition.
5. Any damage to city property resulting from the placement,
installation, maintenance or removal of a newsrack shall be repaired
promptly by the owner or person in control of such newsrack. If a
newsrack is removed from its location on a sidewalk, the owner or person
in control of such newsrack shall be responsible for restoring the
sidewalk and any other affected city property to the condition existing
prior to installation of that newsrack.
f. Enforcement. 1. (a) Whenever any newsrack is found to be in
violation of any provision of subdivision b of this section or
paragraphs two, three, four or five of subdivision e of this section,
the commissioner shall issue a notice of correction specifying the date
and nature of the violation and shall send written notification, by
regular mail, to the owner or person in control of the newsrack. In
addition, the commissioner may send a copy of such notice of correction
to a person designated by such owner or person to receive such notice,
and/or the commissioner may send such notice by electronic mail to such
owner or such person specifying the date and nature of the violation.
However, failure to send a copy by regular or electronic mail will not
extend the time period within which such owner or other person is
required by any provision of this section to take action, nor will such
failure result in the dismissal of a notice of violation issued pursuant
to any provision of this section. The commissioner shall cause
photographic evidence of such violation to be taken. Such evidence shall
be sent by regular mail together with the notice of correction. Except
as otherwise provided for the removal of refuse in paragraph two of
subdivision e of this section, such person shall within seven business
days from the date of receipt of notification via regular mail cause the
violation to be corrected. For the purposes of this section, a notice of
correction shall be deemed to have been received five days from the date
on which it was mailed by the commissioner.
(b) If an owner or other person in control of a newsrack fails to
comply with a notice of correction issued pursuant to subparagraph a of
this paragraph or an order by the commissioner to remove served pursuant
to paragraph three of this subdivision, a notice of violation returnable
to the board shall be served on such owner or person in control of such
newsrack. No notice of violation shall be issued for the failure to
comply with a notice of correction issued pursuant to subparagraph a of
paragraph one of this subdivision unless the commissioner has caused a
second inspection of the violation to take place within a period of time
that commences on the day after the applicable period for correcting
such violation expires and ends fourteen days after such day. In
addition, the commissioner may send to such owner or other person in
control of such newsrack, by electronic mail, photographic evidence of
such violation taken at such second inspection. Failure to send such
photographic evidence by electronic mail will not result in the
dismissal of a notice of violation issued pursuant to any provision of
this section.
(b-1) Failure by an owner or a person in control of a newsrack to
comply with subdivision c or d of this section, failure by such owner or
person to certify or failure to accurately demonstrate that such owner
or person has repainted or used best efforts to remove graffiti and
other unauthorized writing, painting, drawing, or other markings or
inscriptions, as required by paragraph one of subdivision e of this
section, shall be a violation and shall be subject to the applicable
penalties provided in paragraph six of this subdivision. A proceeding to
recover any civil penalty authorized by this subparagraph shall be
commenced with service on such owner or person of a notice of violation
returnable to the board. The commissioner shall not be required to issue
a notice of correction before issuing or serving a notice of violation
pursuant to this subparagraph.
(c) If the return date of a notice of violation issued pursuant to
subparagraph b or b-1 of this paragraph is more than five business days
after the service of such notice, the board shall, upon the request of
the respondent, in person at the office of the board, provide a hearing
on such violation prior to such return date and no later than five
business days after the date of such request. At the time set for such
hearing, or at the date to which such hearing is continued, the board
shall receive all evidence relevant to the occurrence or non-occurrence
of the specified violation(s), the compliance or noncompliance with any
of the provisions of this section, and any other relevant information.
Such hearing need not be conducted according to technical rules relating
to evidence and witnesses. Oral evidence shall be taken only on oath or
affirmation. Within five business days after the conclusion of the
hearing, the board shall render a decision, based upon the facts adduced
at said hearing, whether any violations of this section have occurred.
The decision shall be in writing and shall contain findings of fact and
a determination of the issues presented. The board shall send to the
owner or person in control of the newsrack by regular mail, a copy of
its decision and order.
2. (a) If the board renders a decision upholding the finding of a
violation against the respondent upon default or after a hearing held
pursuant to paragraph one of this subdivision, other than a decision
finding a violation of the provisions of paragraph one of subdivision e
of this section, and the violation is not remedied within seven days of
receipt of the decision of the board, the commissioner or his or her
designee is authorized to provide for the removal of such newsrack and
any contents thereof to a place of safety. For purposes of this
subparagraph, a decision shall be deemed to have been received five days
from the date on which it was mailed. If such newsrack and any contents
thereof are not claimed within thirty days after their removal by a
person entitled to their return, they shall be deemed to be abandoned
and may be either sold at a public auction after having been advertised
in the City Record, the proceeds thereof being paid into the general
fund, used or converted for use by the department or another city
agency, or otherwise disposed of, and the owner or person in control
shall be liable to the City for the costs of removal and storage and
shall be subject to a civil penalty pursuant to subparagraph a of
paragraph six of subdivision f of this section. Newsracks and the
contents thereof that are removed pursuant to this subparagraph shall be
released to the owner or other person lawfully entitled to possession
upon payment of the costs for removal and storage and any civil penalty
or, if an action or proceeding concerning the violation is pending, upon
the posting of a bond or other form of security acceptable to the
department in an amount that will secure the payment of such costs and
any penalty that may be imposed hereunder.
(b) If the board renders a decision upholding the finding of a
violation against the respondent for having failed to certify, or having
failed to accurately demonstrate that such respondent repainted or used
best efforts to remove graffiti and other unauthorized writing,
painting, drawing, or other markings or inscriptions or having failed to
comply with any other provision of paragraph one of subdivision e of
this section, the board shall impose a penalty in accordance with
subparagraph b of paragraph six of this subdivision.
3. The commissioner may, upon notice, serve an order upon the owner or
other person in control of a newsrack requiring such person to remove or
cause to be removed such newsrack within seven business days of receipt
of such order where such removal is required because the site or
location at which such newsrack is placed is used or is to be used for
public utility purposes, public transportation, or public safety
purposes, or when such newsrack unreasonably interferes with
construction activities in nearby or adjacent buildings, or if removal
is required in connection with a street widening or other capital
project or improvement. If such person does not remove such newsrack
within seven business days of receipt of such order, the provisions
contained in subparagraphs b and c of paragraph one of this subdivision
and subparagraph a of paragraph two of this subdivision regarding
issuance of a notice of violation and alternatives for removal, storage,
abandonment, disposal, and release, shall apply.
4. Notwithstanding any other provision of law to the contrary, if a
newsrack has been deemed to have been abandoned in accordance with this
paragraph, the commissioner, his or her designee, an authorized officer
or employee of any city agency or a police officer is authorized to
provide for the removal of such newsrack and it may either be sold at
public auction after having been advertised in the City Record, the
proceeds thereof being paid into the general fund, used or converted for
use by the department or another city agency, or otherwise disposed of.
A newsrack shall be deemed to have been abandoned for purposes of this
paragraph if the name, address or other identifying material of the
owner or other person in control of such newsrack is not affixed to such
newsrack as required by paragraph four of subdivision b of this section
and such owner or other person has not submitted to the commissioner the
information required in clauses (ii) and (iii) of subparagraph a of
paragraph one of subdivision c of this section.
5. (a) Where emergency circumstances exist and the commissioner or his
or her designee gives notice to the owner or other person in control of
a newsrack to remove such newsrack, such person shall comply with such
notice. For the purposes of this paragraph, emergency circumstances
shall mean circumstances which present an imminent threat to public
health or safety.
(b) If any owner or other person in control of a newsrack does not
remove such newsrack when directed to do so pursuant to the provisions
of subparagraph a of this paragraph, or if circumstances are such that
public safety requires the immediate removal of a newsrack and it is not
reasonable to give the owner or other person in control of such newsrack
notice prior to removal, the commissioner or his or her designee may
provide for the removal of such newsrack to a place of safety. Unless an
administrative proceeding brought pursuant to subparagraph c of this
paragraph has terminated in favor of such owner or other person in
control of such newsrack, such owner or other person in control of such
newsrack may be charged with the reasonable costs of removal and storage
payable prior to the release of such newsrack and the contents thereof.
(c) If an owner or other person in control of a newsrack fails to
comply with a notice issued pursuant to subparagraph a of this paragraph
to remove such newsrack, a notice of violation returnable to the board
shall be served on such owner or person in control of such newsrack. If
the newsrack has been removed by the city pursuant to subparagraph b of
this paragraph, such notice of violation shall be served immediately
after removal, and, if the return date of the notice of violation is
more than five business days after the service of such notice, the board
shall, upon the request of the respondent, in person at the office of
the board, provide a hearing on such violation prior to such return date
and no later than five business days after the date of such request. The
hearing shall take place under the provisions set forth in subparagraphs
b and c of paragraph one of this subdivision and a decision shall be
rendered by the board within five business days after the conclusion of
the hearing. If a decision is rendered at such hearing that emergency
circumstances did not exist, such newsrack shall be returned within ten
days to the location from which it was removed by the commissioner or
his or her designee. If a decision is rendered against the respondent
upon default or after a hearing that such emergency circumstances
existed, such newsrack and the contents thereof shall be released to the
owner or other person lawfully entitled to possession. If, after a board
decision that removal was proper, such newsrack and any contents thereof
are not claimed within thirty days after the date of removal by a person
entitled to their return, such newsrack and any contents thereof shall
be deemed abandoned and may be either sold at a public auction after
having been advertised in the City Record, the proceeds thereof being
paid into the general fund, used or converted for use by the department
or another city agency, or otherwise disposed of.
6. (a) Any owner or person in control of a newsrack found to be in
violation of any provision of this section shall, after a board decision
has been issued upon default or after a hearing, be subject to a civil
penalty in the amount of (i) no less than fifty dollars and no more than
one hundred dollars for each violation for a specific newsrack of any of
the provisions of paragraphs two, three, four or five of subdivision e
of this section or paragraph four of subdivision b of this section,
except that a person found in violation of any of such provisions after
a decision of the board issued on default shall be subject to a penalty
of no less than one hundred dollars and no more than five hundred
dollars; (ii) no less than five hundred dollars and no more than four
thousand dollars for each violation of paragraph one of subdivision c of
this section; and (iii) no less than one hundred dollars and no more
than five hundred dollars for each violation of paragraphs one, two,
three, five, six and seven of subdivision b of this section.
(b) Any owner or person in control of one or more newsracks found by
the board to have failed to certify, or to have failed to accurately
demonstrate that such owner or person repainted or used best efforts to
remove graffiti and other unauthorized writing, painting, drawing, or
other markings or inscriptions, as required by paragraph one of
subdivision e of this section, or failed to comply with any other
requirements of such paragraph, or failed to comply with any provision
of paragraph two of subdivision c of this section, or failed to maintain
insurance as required by subdivision d of this section, shall be liable
for a civil penalty determined in accordance with the number of
newsracks such person owns or controls as follows:
Number of newsracks owned or A violation of paragraph one of
controlled by such person subdivision e, paragraph two of
subdivision c or subdivision d of
this section
Up to and including ninety- Two hundred fifty to five
nine newracks hundred dollars
More than ninety-nine and less Three hundred seventy-five to
than two hundred fifty seven hundred fifty dollars
newsracks
More than two hundred forty- Seven hundred fifty to one
nine and less than five hundred thousand five hundred dollars
newsracks
More than four hundred ninety- One thousand one hundred
nine and less than seven twenty-five to two thousand
hundred fifty newsracks two hundred fifty dollars
More than seven hundred forty- One thousand five hundred
nine and less than one to three thousand dollars
thousand newsracks
One thousand or more newsracks Two thousand to four
thousand dollars
7. The commissioner shall remove or cause to be removed from any
sidewalk for a period of three consecutive months, every newsrack and
the contents thereof under the ownership or control of any person who
repeatedly violates any provision or provisions of this subdivision. For
purposes of this paragraph, a person shall be deemed to have repeatedly
violated this section if such person has been determined by the board,
upon default or after a hearing, to have violated the provisions of this
section ten or more times within any six-month period and that such
person has failed to pay three or more civil penalties imposed during
that same time period. For purposes of this paragraph, a person shall
also be deemed to have repeatedly violated this section if such person
is determined by the board, upon default or after a hearing, to have
failed to make the certification required by paragraph one of
subdivision e of this section or to have failed to accurately
demonstrate that such person repainted or used best efforts to remove
graffiti and other unauthorized writing, painting, drawing, or other
markings or inscriptions as required by such paragraph in each of two
consecutive certification periods in any two year period or three times
in any two-year period. The department shall maintain a record of all
persons who repeatedly violate any provision or provisions of this
subdivision. In the event that the commissioner removes or causes to be
removed all newsracks and the contents thereof under the ownership or
control of any person based upon this paragraph, such person shall be
permitted to replace all such newsracks at the locations from which they
were removed upon payment in full of all outstanding civil penalties
imposed for violations of this section and the reasonable costs of
removal and storage, provided that such newsracks meet the requirements
of this section. If any newsracks or contents thereof removed pursuant
to this paragraph are not claimed within thirty days after the
expiration of the three-month removal period, such newsracks or the
contents thereof shall be deemed abandoned and may be either sold at
public auction after having been advertised in the City Record, the
proceeds thereof being paid into the general fund, used or converted for
use by the department or another city agency or otherwise disposed of.
8. In giving any notice of correction or serving any commissioners
order required under this section, except as otherwise provided by law,
the commissioner may rely on the validity of any address (a) posted on
the newsrack pursuant to paragraph four of subdivision b of this section
as the address of the owner or person in control of the newsrack or (b)
submitted to the department pursuant to subdivision c of this section,
and shall provide such notice by regular mail. If the owner of a
newsrack or person in control of a newsrack shall have failed to comply
with paragraph four of subdivision b or with subdivision c of this
section, the commissioner shall make reasonable efforts to ascertain the
identity and address of the owner or person in control of such newsrack
for the purpose of giving any required notice, and having done so, may
take action as if any required notice had been given.
9. Nothing in this section shall preclude the immediate removal of a
newsrack when otherwise authorized by law.
g. Severability. If any subdivision, paragraph, subparagraph, sentence
or clause of this section is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of
this section.
Section 19-129
§ 19-129 Board or plank walks. It shall be unlawful for any person to
construct or lay down in any street, a board or plank walk, except
sidewalk bridges as defined in section 27-1021 of the code, without a
permit from the commissioner.
Section 19-130
§ 19-130 Balustrades. It shall be unlawful for any person to place or
to expose to show or for sale, upon any balustrade that now is or
hereafter may be erected upon any street, any goods, wares, merchandise
or manufacture of any description.
Section 19-131
§ 19-131 Restrictions on Clinton avenue. a. The two strips of land,
each twenty feet in width, which were added to each side of Clinton
avenue in the borough of Brooklyn between Gates avenue and Willoughby
avenue pursuant to chapter two hundred fifty-seven of the laws of
eighteen hundred ninety-nine shall not be added to the traveled portion
of Clinton avenue, but shall be reserved and preserved as ornamental
court-yards for the benefit and improvement of such avenue.
b. Any building erected and completed before the first of March in the
year eighteen hundred ninety-nine, or before that date so far erected
that its foundations or walls were carried up so far as the level of the
street, and any piazza or appurtenant structure erected before such date
may remain or be completed with all rights as though this section had
not been passed; but in case any such building is destroyed, or removed
from such courtyard space, the right reserved therefor shall be at an
end.
c. The several parts of such court-yard space as adjoin the several
lots fronting thereon may be used and occupied by the owners of such
lots respectively for the following purposes:
1. Grass, shade trees, shrubbery, statuary, fountains, walks, paths,
pavements, sewer, gas, electric and other house connections, and low
ornamental fences, and
2. Ingress and egress, and
3. Stoops, porches and piazzas, provided they are open at either end
and are not less than ten feet from the line of such avenue as
established prior to the enactment of chapter two hundred fifty-seven of
the laws of eighteen hundred ninety-nine, and
4. Steps and approaches to a house, provided they are in usual form
and do not interfere with the general intent of this section, and
5. Such other purposes as are usual and proper for a plot fronting on
a street and appurtenant to a residence, hotel, apartment house or other
dwelling-house.
d. Nothing shall be erected, done or allowed on such court-yard space,
that will interfere with its open and ornamental character, or that is
not in accordance with the above uses and purposes.
e. This section shall not affect the title, or the right to possession
of the several lots or plots of land in such two strips of land, except
as the use thereof is limited and restricted as provided in this
section.
Section 19-132
§ 19-132 Restrictions on First place, Second place, Third place and
Fourth place in the borough of Brooklyn. The buildings to be erected
upon the lots fronting upon first place, second place, third place and
fourth place in the borough of Brooklyn, shall be built on a line
thirty-three feet five inches and a quarter of an inch back from the
sides or lines of such places as they are now established by the map of
the city, and the intervening space of land shall be used for courtyards
only.
Section 19-133
§ 19-133 Removal of unauthorized projections and encroachments. a. The
commissioner may serve an order upon the owner of any premises requiring
such owner to remove or alter any unauthorized projection or
encroachment, on or in front of his premises, within a period to be
specified in such order. Such order shall be served personally, or by
leaving it at the house or place of business of the owner, occupant or
person having charge of the house or lot in front of which the
projection or encroachment may be, or by posting such order thereon.
b. At any time after the expiration of the time specified for that
purpose in the order, if such encroachment or projection shall not then
have been removed or altered, the commissioner may remove or alter or
cause such encroachment or projection to be removed or altered at the
expense of the owner or constructor thereof, who shall be liable to the
city for all expenses that it may incur by such removal or alteration,
together with the penalties prescribed by this subchapter for the
violation of such order, to be recovered with costs of suit.
c. 1. In addition to any other remedies or penalties, whenever such
removal, alteration, repair and restoration is undertaken by the
commissioner he or she may certify separately the costs and expense of
such removal, alteration, repair and restoration to the commissioner of
finance. The commissioner of finance shall, upon the certificate of the
commissioner, charge the amount of such costs and expenses against the
property upon and with respect to which the work was performed. Every
such charge shall be a lien upon the property or premises in respect to
which the same shall have been made, which lien shall have priority over
all other liens and incumbrances except taxes and assessments for other
public or local improvements, sewer rents, water rents and interest or
penalty thereon levied or charged pursuant to law. Such lien shall be
enforced in all respects in the manner provided by law for the
enforcement of liens of taxes, assessments, sewer rents and water rents
and interest or penalties thereon.
2. As an alternative to the remedy prescribed in paragraph one of this
subdivision, the commissioner may in his or her discretion institute,
through the corporation counsel, any appropriate action or proceeding at
law against such owner for the recovery of the costs and expenses of
such removal, alteration, repair and restoration, undertaken by the
commissioner, as provided herein.
Section 19-133.1
§ 19-133.1 Unlawful Sidewalk ATMs. a. For purposes of this section,
"Automated Teller Machine Booth" ("ATM booth") shall mean any device
linked to the accounts and records of a banking institution that enables
consumers to carry out banking transactions, including, but not limited
to, account transfers, deposits, cash withdrawals, balance inquiries,
and loan payments.
b. Notwithstanding any other provision of law, it shall be unlawful
for any property owner to permit an ATM booth to be located on any
portion of the sidewalk that is adjacent to the property of such owner,
lies between the curb line and the building line, and is intended for
use by the public.
c. The department may serve an order upon the owner of any premises
adjacent to which such ATM booth is located, requiring such owner to
remove such ATM booth. The department shall provide in such order that
such ATM booth shall be removed within thirty days of the date of such
order. Such order shall be served personally upon the owner of such
premises, or by leaving it with a person in control of the premises, or
by leaving it or posting it at the place of business of the owner, or by
leaving it or posting it at any home of such owner, if service to the
place of business of such owner is impractical.
d. Failure to comply with an order to remove an ATM booth within
thirty days of the date of such order shall be a violation subject to a
civil penalty of not less than two thousand five hundred dollars nor
more than five thousand dollars for the first day of such violation. Any
owner who remains in violation beyond the first day after the expiration
of the thirty-day period specified in such order shall be subject to a
civil penalty of five thousand dollars for every five-day period during
which he or she remains in violation. There shall be a rebuttable
presumption that the ATM booth has remained in place during each such
five-day period.
e. In addition to any other fines, penalties, sanctions or remedies
provided for in this section, an ATM booth which remains in violation of
subdivision d of this section shall be deemed abandoned. The department
shall be authorized to provide for the seizure of such ATM booth, after
the owner has been provided with notice and an opportunity to be heard
before the appropriate administrative tribunal, if the owner of such ATM
booth has accumulated an aggregate of fifty thousand dollars in civil
penalties that have remained unpaid for ninety days following the
expiration of the time to appeal the imposition of such penalties in
accordance with the procedures of the environmental control board.
Section 19-134
§ 19-134 Certain extensions and projections not removable. a. If the
front or other exterior wall of any building standing on the
twenty-fifth day of May, eighteen hundred ninety-nine in the county of
New York as then constituted, shall extend ten inches or less upon any
street, such wall shall be removable, only if an action or proceeding
for the removal of such wall was instituted by or in behalf of the city
within the period of one year from such date, and notice of pendency of
such action or proceeding was duly filed in the office of the clerk of
the county of New York, and duly indexed against the owner and the
premises. If a structure, or part of a building standing on the
thirteenth day of May, eighteen hundred ninety-six, in such county,
known as a bay-window or oriel window, shall extend twelve inches or
less upon any street, such structure shall be removable only if an
action or proceeding for its removal was instituted by or in behalf of
the city within one year from such date, and notice of pendency of such
action or proceeding was duly filed in the office of the clerk of the
county of New York, and duly indexed against the owner and the premises.
b. If the front or other exterior wall of any building standing on the
seventeenth day of May, eighteen hundred ninety-seven in the city of
Brooklyn, as then constituted, shall extend four inches or less upon any
street, such wall shall be removable only if an action or proceeding for
the removal of such wall was instituted by or in behalf of the city of
Brooklyn or its successor, within the period of one year from such date,
and notice of pendency of such action or proceeding was duly filed in
the office of the clerk of the county of Kings, and duly indexed against
the owner of the premises.
Section 19-135
§ 19-135 Projections prohibited. It shall be unlawful to build, erect
or make areas, steps or other projections (except those indicated in
subdivisions a, b, c, d and f of section 27-313 of the code) beyond the
building line, upon the following streets:
1. Grand Boulevard and Concourse, in the borough of The Bronx, between
East One hundred sixty-first street and Mosholu Parkway.
Exception. In that section of the Grand Boulevard and Concourse
located within a business use district, areas (meaning open spaces below
the ground level immediately outside of the structure and enclosed by
substantial walls) may project beyond the building line at most
one-fifteenth of the width of the street or a maximum of five feet,
provided that every such area is covered over at the street level by an
approved grating of metal or other incombustible material of sufficient
strength to carry safely the pedestrian street traffic.
2. Newkirk avenue, between Flatbush avenue and Coney Island avenue, in
the borough of Brooklyn, and on all streets in the borough of Brooklyn
where projections are prohibited by law.
Section 19-136
§ 19-136 Obstructions. a. It shall be unlawful for any person to hang
or place any goods, wares or merchandise, or suffer, maintain or permit
the same to be hung or placed, at a greater distance than three feet in
front of his or her house, store or other building and a greater height
than five feet above the level of the sidewalk, or to lease or permit
any other person to use any space on the sidewalk located adjacent to
such house, store or other building for the purpose of selling or
displaying any merchandise.
1. Such an obstruction is hereby forbidden in front of a house, store
or other building facing any street market, except upon a permit from
the commissioner of small business services.
2. Wares or merchandise in process of loading, unloading, shipment, or
being received from shipment, may be transferred from trucks or other
vehicles over the sidewalk by the use of skids, or by backing up trucks
on the sidewalks while so doing.
3. Household furniture may be temporarily placed on a sidewalk for the
purpose of loading or unloading the same, during daylight and without
unreasonable delay; but, in any such case a passageway shall be kept
open within the stoopline of the building, abutting on the sidewalk so
obstructed, for the free movement of pedestrians.
4. Storekeepers and peddlers may sell and display coniferous trees
during the month of December and palm branches, myrtle branches, willow
branches, and citron during the months of September and October on a
sidewalk; but in any such case the permission of the owner of the
premises fronting on such sidewalk shall be first obtained and a
passageway shall be kept open on the sidewalk so obstructed for the free
movement of pedestrians.
5. Such an obstruction is hereby forbidden on Mermaid avenue between
West 17th street and West 37th street, of the borough of Brooklyn.
6. Such an obstruction is hereby forbidden on all sidewalks less than
ten feet in width in the fifth ward of the borough of Queens.
7. Such an obstruction is hereby forbidden from the building line on
Avenue U between Coney Island avenue and Stuart street in the borough of
Brooklyn.
8. Such an obstruction is hereby forbidden from the building line on
Steinway street between 34th avenue and Astoria boulevard south in the
borough of Queens.
9. Such an obstruction is hereby forbidden from the building line on
31st street between 23rd avenue and 21st avenue in the borough of
Queens.
10. Such an obstruction is hereby forbidden from the building line on
Ditmars boulevard between 28th street and Steinway street in the borough
of Queens.
11. Such an obstruction is hereby forbidden from the building line on
23rd avenue between 28th street and Steinway street in the borough of
Queens.
12. Such an obstruction is hereby forbidden from the building line on
30th avenue between 25th street (Crescent street) and 45th street in the
borough of Queens.
13. Such an obstruction is hereby forbidden from the building line on
31st avenue between 25th street (Crescent street) and 45th street in the
borough of Queens.
14. Such an obstruction is hereby forbidden from the building line on
Broadway between 25th street (Crescent street) and 45th street in the
borough of Queens.
15. Such an obstruction is hereby forbidden from the building line on
71st avenue between Queens boulevard and Burns street in the borough of
Queens.
16. Such an obstruction is hereby forbidden from the building line on
Austin street between Ascan avenue and Yellowstone boulevard in the
borough of Queens.
17. Such an obstruction is hereby forbidden from the building line on
Queens boulevard between Union turnpike and 63rd drive, in the borough
of Queens.
18. Such an obstruction is hereby forbidden from the building line on
63rd drive between 9th street and Alderton street in the borough of
Queens.
19. Such an obstruction is hereby forbidden from the building line on
Myrtle avenue between Wyckoff avenue and Cooper avenue in the borough of
Queens.
20. Such an obstruction is hereby forbidden from the building line of
Fresh Pond road between Myrtle avenue and Metropolitan avenue in the
borough of Queens.
21. Such an obstruction is hereby forbidden from the building line on
Jamaica avenue between 177th street and Queens boulevard in the borough
of Queens.
22. Such an obstruction is hereby forbidden from the building line on
165th street between 177th street and Queens boulevard in the borough of
Queens.
23. Such an obstruction is hereby forbidden from the building line on
New York boulevard between Archer avenue and Jamaica avenue in the
borough of Queens.
24. Such an obstruction is hereby forbidden from the building line on
Farmers boulevard between Liberty avenue and Merrick boulevard in the
borough of Queens.
25. Such an obstruction is hereby forbidden from the building line on
Montague street and the Promenade in the borough of Brooklyn.
26. Such an obstruction is hereby forbidden from the building line on
Fulton street from Flatbush avenue to Adams street in the borough of
Brooklyn.
27. Such an obstruction is hereby forbidden from the building line on
Manhattan avenue from Greenpoint avenue to Nassau avenue, in the borough
of Brooklyn.
28. Such an obstruction is hereby forbidden from the building line on
Queens Boulevard between 57th Avenue and Grand Avenue in the borough of
Queens.
b. It shall be unlawful for any person, directly or indirectly, to use
any portion of a sidewalk or courtyard, established by law, between the
building line and the curb line for the parking, storage, display or
sale of motor vehicles.
c. 1. Except as otherwise hereinafter provided, in addition to the
streets designated pursuant to subdivision a of this section, such an
obstruction shall be prohibited on any street at such time where either
general vending or food vending has been prohibited by local law or by
the street vendor review panel pursuant to section 20-465.1 of this code
and any rules promulgated thereunder.
2. As chairperson of the street vendor review panel established
pursuant to section 20-465.1 of this code, the commissioner of the
department of small business services or his or her designee may
recommend that in specified areas of the city the provisions of
subdivision a of this section or paragraph one of this subdivision which
prohibit such obstructions shall not apply. In making such a
recommendation, such commissioner or his or her designee shall consider
(a) whether such obstructions are intrinsic to the operation of
businesses within such areas and such businesses constitute an essential
part of the unique historical and commercial nature of such area and (b)
the measures which shall be taken to ameliorate the danger to the public
health, safety and welfare in such areas which may be caused, in whole
or in part, by the maintenance of such obstructions. Such commissioner
may from time to time review, modify or revoke such recommendations. A
recommendation by the commissioner or his or her designee pursuant to
this paragraph shall be effective upon the report of such recommendation
to the council and the approval of such recommendation by the council
pursuant to local law. Notice of any recommendation made by the
commissioner or his or her designee shall be published in the City
Record and mailed to each community board not less than thirty days
prior to such commissioner's report to the council.
3. Notice of any hearing held pursuant to paragraph two of this
subdivision shall be published in the City Record and shall be mailed to
each affected community board and the department of city planning not
less than thirty days prior to the date of such hearing.
4. On the following streets where general vending has been prohibited
by the street vendor review panel pursuant to section 20-465.1 of this
code and any rules promulgated thereunder, the provisions of paragraph
one of this subdivision shall not apply:
(a) Thirteenth avenue between 39th street and 44th street in the
borough of Brooklyn;
(b) Newkirk Plaza between Foster avenue and Newkirk avenue in the
borough of Brooklyn;
(c) Eighty-sixth street between Bay Parkway and 23rd avenue in the
borough of Brooklyn;
(d) West 4th street between Sixth avenue and Seventh avenue in the
borough of Manhattan;
(e) Delancey street between Orchard street and Essex street in the
borough of Manhattan.
5. The provisions of subdivision a of this section which prohibit the
hanging or placement of any goods, wares or merchandise in front of a
house, store or other building shall not apply to the following streets:
(a) Delancey street between Essex street and Allen street in the
borough of Manhattan, provided that no goods, wares or merchandise be
hung or placed at a greater distance than seven feet in front of a
house, store or other building or a greater height than five feet above
the level of the sidewalks;
(b) Rivington street between Essex street and Allen street in the
borough of Manhattan, provided that no goods, wares or merchandise be
hung or placed at a greater distance than five feet in front of a house,
store or other building or a greater height than five feet above the
level of the sidewalk;
(c) Essex street between Delancey street and Stanton street in the
borough of Manhattan, provided that no goods, wares or merchandise be
hung or placed at a greater distance than five feet in front of a house,
store or other building or a greater height than five feet above the
level of the sidewalk;
(d) Orchard street between Delancey street and Houston street in the
borough of Manhattan, provided that no goods, wares or merchandise be
hung or placed at a greater distance than five feet in front of a house,
store or other building or a greater height than five feet above the
level of the sidewalk;
(e) Avenue of the Americas between 25th street and 30th street in the
borough of Manhattan, provided that no goods, wares or merchandise be
hung or placed at a greater distance than three feet in front of a
house, store or other building or at a greater distance than five feet
from the curb towards the building line or a greater height than five
feet above the level of the sidewalk.
d. In any area where such obstructions are not prohibited pursuant to
the provisions of this section, the use of the public space for the
display of goods, wares or merchandise shall, in addition to the
restrictions set forth in subdivision a of this section, be subject to
the following additional restrictions:
1. Except as otherwise provided in paragraph four of subdivision a of
this section, only the goods, wares or merchandise of a commercial
establishment which is located adjacent to such public space may be
displayed in such public space.
2. Except as otherwise provided in paragraph four of subdivision a of
this section, the goods, wares or merchandise displayed in the public
space shall be of the same type or kind which are displayed within the
premises of the commercial establishment located adjacent to such space.
e. 1. Where exigent circumstances exist and a police officer or other
authorized officer or employee of any city agency gives notice to any
person who displays any goods, wares or merchandise pursuant to
subdivision a of this section to temporarily remove or otherwise
disassemble such display, such person shall comply with such notice and
shall not continue to maintain such display. For the purposes of this
subdivision, exigent curcumstances shall include, but not be limited to,
unusually heavy pedestrian or vehicular traffic, the existence of
obstructions in the public space, and accident, fire or other emergency
situation, a parade, demonstration or other such event at or near the
location of such stand.
2. If any person who displays any goods, wares or merchandise pursuant
to subdivision a of this section does not remove or otherwise
disassemble such display when directed to do so by a police officer or
other authorized officer or employee of the city in accordance with the
provisions of paragraph one of this subdivision, such officer or
employee is authorized to provide for the removal of such person's
goods, wares or merchandise and such display to any garage, automobile
pound or other place of safety, and the owner or other person lawfully
entitled to the possession of such goods, wares and merchandise and such
display may be charged with reasonable costs for removal and storage
payable prior to the release of such goods, wares or merchandise and
such display.
f. In the event that any seizure made pursuant to this section shall
include any perishable items or food products which cannot be retained
in custody without such items or food products becoming unwholesome,
putrid, decomposed or unfit in any way, they may be delivered to the
commissioner of health for disposition pursuant to the provisions of
section 17-323 of the code.
g. Any person who sells or displays or who permits the sale or display
of any goods, wares or merchandise in a public space in violation of any
of the provisions of this section other than subdivision j of this
section shall be considered to be an unlicensed general vendor or an
unlicensed food vendor and shall be subject to the penalty and
enforcement provisions of either subchapter twenty-seven of chapter two
of title twenty or subchapter two of chapter three of title seventeen of
this code, whichever is applicable. The provisions of sections 19-149,
19-150 and 19-151 shall not apply to such violations.
h. In addition to police officers, officers and authorized employees
of the department, the department of consumer affairs, the department of
health and mental hygiene, and the department of sanitation shall have
the power to enforce the provisions of this section, other than
subdivision j of this section, relating to the sale and display of
goods, wares or merchandise in the public space.
i. The provisions of this section shall not be construed to apply to
obstructions authorized in connection with temporary activities
conducted under any permit issued by the city or any agency thereof.
j. Fixed stand coin operated rides. 1. For purposes of this
subdivision, "fixed stand coin operated ride" shall mean a coin operated
ride on a stationary stand which provides an up and down rocking and/or
circular motion for the enjoyment of not more than two people at a time.
2. Notwithstanding any inconsistent provision of this section, a fixed
stand coin operated ride may be placed on a sidewalk adjacent to any
commercial establishment, including those located on particular streets
or in particular locations enumerated in paragraphs five through
twenty-eight of subdivision a of this section and any particular streets
or locations added to subdivision a of this section by local law on or
after January 16, 1996, provided that (i) no portion of such ride shall
extend further than five feet from the building line and a width of at
least nine and one-half feet shall be maintained on the sidewalk in
front of such ride without obstructing pedestrian movement; (ii) such
ride shall not be bolted to the sidewalk or chained to a lamppost or
other street furniture; (iii) such ride shall be removed from its
location on a sidewalk adjacent to a commercial establishment between
the hours of 11:00 p.m. and 7:00 a.m. on every day of the week,
including Sundays and holidays; and (iv) such ride is in compliance with
any other law and with any rules promulgated by the commissioner for
purposes of protecting the health, safety, convenience and welfare, and
to safeguard the interests of the city.
3. No more than three fixed stand coin operated rides may be placed in
front of any commercial establishment.
4. If a fixed stand coin operated ride is placed on the sidewalk in
violation of the provisions of this subdivision, any authorized officer
employee of the department or the department of consumer affairs, or
member of the police department, is authorized to provide for the
removal of such fixed stand coin operated ride to any garage, automobile
pound or other place of safety, and such ride may be subject to
forfeiture upon notice and judicial determination. If a forfeiture
hearing is not commenced, the owner or other person lawfully entitled to
the possession of such ride may be charged with reasonable costs for
removal and storage payable prior to the release of such device;
provided, however, that a fixed stand coin operated ride that is not
claimed within thirty days after its removal shall be deemed to be
abandoned and may be sold at a public auction after having been
advertised in the City Record, the proceeds thereof being paid into the
general fund or such unclaimed fixed stand coin operated ride may be
used or converted for use by the department or by another city agency or
by a not-for-profit corporation.
5. The provisions of subdivision e of this section and sections
19-149, 19-150 and 19-151 of this subchapter shall apply to fixed stand
coin operated rides placed on sidewalks.
Section 19-137
§ 19-137 Land contour work. a. As used in this section.
1. The term "land contour work" means clearing, grubbing, grading,
filling or excavating vacant lots and other land areas but does not
include minor work which does not change surface drainage patterns.
2. The term "clearing" means removing surface encumbrances from a land
area, including but not limited to fences, trees, logs, stumps, brush,
stones, vegetation and earth.
3. The term "grubbing" means the removal of root systems incident to
surface growths of trees and vegetation.
4. The term "grading" means leveling, sloping, raising, lowering or
otherwise changing the existing surface of land area.
5. The term "excavation" means removal of material, regardless of its
nature, from below the existing ground surface.
6. The term "filling" means the deposition, levelling or compacting of
organic or inorganic material at or in a vacant lot or land area for a
purpose relating to the composition, contour, use, or proposed use of
the land or for the purpose of disposing of material removed from
another lot or land area.
b. It shall be unlawful for any person to perform or cause, procure,
suffer or permit to be performed any land contour work, except as
provided in subdivision c hereof, without a written permit from the
commissioner.
c. Subdivision b hereof shall not apply: 1. To land contour work
performed in connection with or in the course of the erection of one or
more buildings or other structures or in connection with land uses
pursuant to a permit therefor issued by the department of buildings,
provided however that, (a) such permit specifically authorizes such land
contour work, and (b) such land contour work is performed entirely
within the lot lines of the building site for which such permit is
issued. In such cases where water courses, drainage ditches, conduits or
other means of carrying off water exist on the property and are to be
altered or relocated, the commissioner of buildings shall consult with
the commissioner of environmental protection concerning the means of
disposal of surface water prior to issuance of a permit.
2. to land contour work which consists only of making improvements to
a land area on which a one or two-family house already exists and which
does not result in any change in the surface runoff pattern of such land
area.
d. No condition shall be created or maintained as the result of land
contour work that will interfere with existing drainage unless a
substitute therefor is provided which is satisfactory to the
commissioner and the commissioner of environmental protection in
accordance with criteria established by such commissioners in
consultation with the department of health and mental hygiene.
Watercourses, drainage ditches, conduits and other like or unlike means
of carrying off water or disposing of surface water shall not be
obstructed by refuse, waste, building materials, earth, stones, tree
stumps, branches or by any other means that may interfere with surface
drainage or cause the impoundment of surface waters either within or
without the area on which contour work is performed. All excavations
shall be drained and the drainage maintained as long as the excavation
continues or remains. Where necessary, pumping shall be used. Fill
material shall consist of inert, inorganic matter. It shall be unlawful
to deposit garbage, waste paper, lumber or other organic material in
land fill. The provisions of this section shall not prevent placement of
organic matter for fill by the department of sanitation in locations
under the jurisdiction of such department. The commissioner shall have
the power, in consultation with the commissioner of buildings to adopt
rules concerning the type of material that may be used for fill on land
not mapped as park land. The commissioner shall enforce compliance with
the provisions hereof, and shall make immediate complaint to the
corporation counsel of any violation thereof. In addition, the
commissioner of buildings shall similarly enforce compliance with the
provisions hereof with respect to any land contour work performed
pursuant to a permit issued by the commissioner of buildings, and in
addition thereto shall inform the department of any failure to comply
with a department of buildings violation order relating to the
provisions hereof.
e. 1. Whenever the department shall determine that a condition has
been created, or has resulted by reason of land contour work which
violates any provision of subdivision (d) hereof, the department may
serve an order in the manner prescribed in paragraph two of this
subdivision upon the owners of the land upon which such condition has
been created or has occurred, to correct such condition within the time
designated in such order. Upon the owner's failure to comply with any
order of the department as and within the time specified therein by such
department, such department may perform such work or cause the same to
be performed, the cost of which shall be due and payable and shall
constitute a lien upon the land to which such order pertains, when the
amount thereof shall have been finally computed by such department and
an entry of the amount thereof shall have been entered in the office of
the city collector in the book in which such charges against the
premises are to be entered. A notice thereof, stating the amount due and
the nature of the charge shall be mailed by the city collector, within
five days after such entry, to the last known address of the person
whose name appears on the records in the office of the city collector as
being the owner or agent or as the person designated by the owner to
receive tax bills, or where no name appears, to the premises addressed
to either the owner or agent. If such charge is not paid within ninety
days from the date of entry, it shall be the duty of the city collector
to collect and receive interest thereon at the rate that would be
applicable to a delinquent tax on such property, to be calculated to the
date of payment from the date of entry. Such charge and the interest
thereon shall continue to be, until paid, a lien on the premises on
which such work was performed. Such charge and interest shall be
collected and the lien thereon may be foreclosed in the manner provided
by law for the collection and foreclosure of the lien of taxes, sewer
rents, sewer surcharges and water rents due and payable to the city, and
the provisions of law applicable to the collection and foreclosure of
the lien of such taxes, sewer rents, surcharges and water rents shall
apply to such charge.
The provisions of section 11-307 of the code applicable to the payment
of assessments shall also apply to charges heretofore or hereafter
established pursuant to this section.
2. Service of an order upon an owner pursuant to the provisions of
this section shall be made personally upon such owner or by certified
mail addressed to the last known address of the person whose name
appears upon the records in the office of the city collector as being
the owner of the premises or as the agent of such owner or as the person
designated by the owner to receive the tax bills or, if no such name
appears, to the address set forth as the address of the owner in the
last recorded deed with respect to such premises. A copy of such order
shall also be filed in the clerk's office of each county where the
property is situated and shall be posted in a conspicuous place on the
premises.
Section 19-138
§ 19-138 Injury to or defacement of streets. a. Breaking or injuring.
It shall be unlawful for any person to break or otherwise injure any
street. There shall be no penalty for a violation of this section in
case of an accidental breaking of or injury to a street which is
repaired, to the satisfaction of the commissioner, within forty-eight
hours after such break or injury.
b. Defacing. Except as otherwise provided by law, it shall be unlawful
for any person to deface any street by painting, printing or writing
thereon, or attaching thereto, in any manner, any advertisement or other
printed matter.
Section 19-139
§ 19-139 Excavations for private purposes. Notice to public service
corporations. The person by whom or for whose benefit any excavation is
to be made in any street shall give notice thereof in writing, to any
corporation whose pipes, mains or conduits are laid in the street about
to be disturbed by such excavation, at least forty-eight hours before
commencing the same; and shall, at his or her expense, sustain, secure
and protect such pipes, mains or conduits from injury, and replace and
pack the earth wherever the same shall have been removed, loosened or
disturbed, under or around them, so that they shall be well and
substantially supported. If any such person shall fail to sustain,
secure and protect such pipes, mains or conduits from injury, or to
replace and pack the earth under or around them, as the provisions of
this section require, then the same may be done by the corporation to
whom the same may belong, and the cost thereof, and all damages
sustained by such corporation thereby shall be paid by such person, and,
in default thereof, such corporation may maintain an action against him
therefor.
Section 19-140
§ 19-140 Duties of police. All police officers shall be vigilant in
the enforcement of the provisions of this subchapter and section 24-521
of the code and report, through proper channels, any violation thereof
to the commissioner. Police officers, on observing or being informed of
the opening of or excavating in any street, shall require the person
making such opening or excavation to exhibit a permit therefor, and, if
none has been given, or if the exhibition thereof be refused, the
officer shall report the same to the commissioner.
Section 19-141
§ 19-141 Property owners may voluntarily lay sidewalks. Any owner of
property, upon obtaining a permit from the commissioner, may lay a
sidewalk in front of such owner's premises, of such material and in such
a manner as may be prescribed by such commissioner. Heating pipes or
electric cables for the purpose of melting snow and ice may be
incorporated in the construction of sidewalks with the approval of the
commissioner.
Section 19-142
§ 19-142 Workers on excavations. A person to whom a permit may be
issued, to use or open a street, shall be required, before such permit
may be issued, to agree that none but competent workers, skilled in the
work required of them, shall be employed thereon, and that the
prevailing scale of union wages shall be the prevailing wage for similar
titles as established by the fiscal officer pursuant to section two
hundred twenty of the labor law, paid to those so employed. No permit
shall be issued until such agreement shall have been entered into with
the department, and all such permits hereafter issued shall include
therein a copy of this provision. When permits are issued to utility
companies or their contractors, the power to enforce this provision
shall be vested with the comptroller of the city of New York consistent
with the provisions of section two hundred twenty of the labor law.
Section 19-143
§ 19-143 Excavations for public works. a. Notice to public service
corporations. Whenever any street shall be regulated or graded, in which
the pipes, mains or conduits of public service corporations are laid,
the contractor therefor shall give notice thereof in writing to such
corporations, at least forty-eight hours before breaking ground
therefor. Such provision shall be included in every contract for
regulating or grading any street in which the pipes, mains or conduits
of public service corporations shall be laid at the time of making such
contract.
b. Public service corporations shall protect their property. Public
service corporations whose pipes, mains or conduits are about to be
disturbed by the regulating or grading of any street, shall, on the
receipt of the notice provided for in the preceding subdivision, remove
or otherwise protect and replace their pipes, mains and conduits, and
all fixtures and appliances connected therewith or attached thereto,
where necessary, under the direction of the commissioner.
Section 19-144
§ 19-144 Issuance of permit to open street within five years after
completion of city capital construction project requiring resurfacing or
reconstruction of such street. All persons having or proposing to
install facilities in, on or over any street shall be responsible for
reviewing the city's capital budget, capital plan and capital commitment
plan. Such persons shall make provision to do any work, except emergency
work, which requires the opening or use of any street prior to or during
the construction of any capital project requiring resurfacing or
reconstruction proposed in such budget or plan for such street. No
permit to use or open any street, except for emergency work, shall be
issued to any person within a five year period after the completion of
the construction of a capital project set forth in such budget or plan
relating to such street requiring resurfacing or reconstruction unless
such person demonstrates that the need for the work could not have
reasonably been anticipated prior to or during such construction.
Notwithstanding the foregoing provision, the commissioner of
transportation may issue a permit to open a street within such five year
period upon a finding of necessity therefor, subject to such conditions
as the commissioner may establish by rule, which shall include
appropriate guarantees against the deterioration of the restored
pavement.
Section 19-145
§ 19-145 Pavements improperly relaid. a. If any pavement which has
been removed shall not be relaid to the satisfaction of the
commissioner, he or she may cause an order to be served upon the person
by whom such pavement was removed, or if such removal was for the
purpose of making a connection between any house or lot, or for any
sewer or pipes in the street, or for constructing vaults, or otherwise
improving any house or lot, upon the owner or occupant of such house or
lot, requiring such person, or the owner or occupant of such house or
lot, to have such pavement properly relaid within five days after
service of such order.
Such order may be served upon the owner or occupant of a house or lot
by leaving the same with any person of adult age upon the premises, or
posting the same thereupon.
b. The cost of repaving such pavement shall be collected as follows:
1. The commissioner shall certify to the comptroller the cost of such
work with a description of the lot or premises to improve which such
removal was made.
2. The comptroller shall certify the cost of such work to the city
collector, who shall collect the same in the same manner that arrears
and water rates are collected.
Section 19-146
§ 19-146 Prevention of disturbances of street surface. a. It shall be
unlawful for any person, without being previously authorized by a permit
of the commissioner:
1. To fill in or raise, or cause to be filled in or raised, any street
or any part thereof;
2. To take up, remove, or carry away, or cause to be taken up, removed
or carried away, any asphalt or asphalt blocks, concrete, flagstones,
turf, stone, gravel, sand, clay or earth from any street or part
thereof.
b. If any person shall violate this section, the commissioner shall
take immediate steps to prevent such disturbances of the surface of the
street, and shall forthwith restore such flagging or pavement, as nearly
as may be practicable, to the condition in which it was before such
taking or removal, at the expense of the party removing the same, to be
recovered as penalties are recovered.
Section 19-147
§ 19-147 Replacement of pavement and maintenance of street hardware.
a. General provisions. Whenever any pavement, sidewalk, curb or gutter
in any street shall be taken up, the person or persons by whom or for
whose benefit the same is removed shall restore such pavement, sidewalk,
curb or gutter to its proper condition to the satisfaction of the
commissioner of transportation.
b. Rock refills. Whenever rock is excavated, not more than one-third
of the total excavation shall be refilled with the broken stone, which
must be in pieces not exceeding six inches in their largest dimension,
mingled with clean earth and sand, and restored in such manner as to
insure the thorough and compact filling of all spaces.
c. Restoration in certain cases. Whenever any pavement in any street
shall be taken up, or any paving stones in a street shall have been
removed in violation of this subchapter or of section 24-521 of the
code, the person or persons by whom or for whose benefit the pavement
was taken up or paving stones removed shall forthwith return such stones
to their former places, and shall otherwise restore the pavement to its
normal condition to the satisfaction of the commissioner.
d. Maintenance of street hardware. All utility maintenance hole
(manhole) covers, castings, and other street hardware shall be
maintained flush with the existing surrounding grade. All loose,
slippery or broken utility maintenance hole (manhole) covers, castings
and other street hardware shall be replaced at the direction of and to
the satisfaction of the commissioner.
e. Payment of cost. If the pavement, sidewalk, curb, gutter or street
hardware is not properly restored, replaced or maintained to the
satisfaction of the commissioner pursuant to subdivisions a, b, c and d
of this section, the commissioner may restore, replace or maintain the
pavement, sidewalk, curb, gutter or street hardware to its proper
condition and the person or persons by whom or for whose benefit the
same was removed shall be liable for the cost and expense of the
restoration.
f. Rules. The commissioner is hereby authorized to establish such
rules as, in his or her judgment, shall be deemed necessary for the
purpose of carrying out the provisions of this section.
g. Reasonable notice of improper or inadequate restoration of pavement
or maintenance of street hardware. Except where the condition of the
pavement or hardware is an imminent danger to life or safety, reasonable
notice of improper or inadequate restoration of pavement or maintenance
of street hardware shall be given to a person by ordinary mail. In the
case of utilities such notice may be oral or written and shall be given
to a person or at a place designated by the utility and the utility
shall respond within twenty-four hours.
Section 19-148
§ 19-148 Safeguards against collision with posts, pillars and columns
in streets. a. Every post, pillar or supporting column of a
superstructure, including supporting columns of railroad structures,
located at such points in the roadways of streets as to constitute a
menace to vehicular traffic turning or going into the part of the street
at or near the point of such location, shall be striped from its base to
a point at least twelve feet high with reflectors or reflectorized
lights, in such manner as shall be determined by the commissioner. At
night, where directed by the commissioner, there shall be displayed a
light of sufficient illuminating power to be visible at a distance of
two hundred feet, on an arm or bracket extending from such post, pillar
or supporting column, or suspended from the superstructure. The striping
and lighting of such posts, pillars or supporting columns covered by
this section shall be maintained to the satisfaction of the
commissioner.
b. The commissioner shall have power to direct an order to the owner
or operator of a superstructure requiring compliance with the provisions
of this section.
Section 19-149
§ 19-149 Criminal penalties. a. Any person who violates any of the
provisions of this subchapter or of section 24-521 of the code or any
order issued by or rule promulgated by the commissioner pursuant thereto
or the terms or conditions of any permit issued pursuant thereto or who
causes, authorizes or permits such violation shall be guilty of a
violation and upon conviction thereof shall be punishable by a fine of
not more than five thousand dollars, or imprisonment for not more than
fifteen days, or both such fine and imprisonment for each violation.
b. Any person who knowingly violates any of the provisions of this
subchapter or of section 24-521 of the code or any order issued by or
rule promulgated by the commissioner pursuant thereto or the terms or
conditions of any permit issued pursuant thereto or who knowingly
causes, authorizes or permits such violation shall be guilty of a
misdemeanor and upon conviction thereof, shall be punishable by a fine
of not more than seven thousand five hundred dollars, or by imprisonment
not exceeding sixty days, or both such fine and imprisonment for each
violation.
c. In the case of a continuing violation, each day's continuance shall
be a separate and distinct offense.
Section 19-150
§ 19-150 Civil penalties. a. In addition to or as an alternative to
the penalties set forth in section 19-149, any person who violates any
of the provisions of this subchapter, or of section 24-521 of the code,
or any order issued by or rule promulgated by the commissioner pursuant
thereto or the terms or conditions of any permit issued pursuant
thereto, or who causes, authorizes or permits such violation shall be
liable for a civil penalty for each violation. In the case of a
continuing violation, each day's continuance shall be a separate and
distinct offense, except that in the case of a violation of section
19-133.1, failure to remove an ATM booth pursuant to an order issued in
accordance with subdivision c of section 19-133.1 shall be subject to a
civil penalty of not less than two thousand five hundred dollars nor
greater than five thousand dollars for the first day of such violation
and a civil penalty of five thousand dollars for every five days beyond
the first day that such violation shall be in effect, and provided
further that there shall be rebuttable presumption that the ATM booth
has remained in place during each such five-day period.
b. 1. Except as provided in subdivision c of this section, such civil
penalty shall be determined in accordance with the following schedule:
Section of the Maximum
Administrative Civil
Code Penalty
(dollars)
19-102 5,000
19-107 5,000
19-109 subd (a) 5,000
19-109 subd (c) 1,000
19-111 1,000
19-112 1,000
19-113 1,000
19-115 1,000
19-116 1,000
19-117 subd (c) 5,000
19-119 5,000
19-121 subd (a) 5,000
19-121 subd (b) para (5) & (7) 5,000
19-121 subd (b) para (2), (3) & (6) 1,000
19-122 1,000
19-123 5,000
19-126 5,000
19-128 1,000
19-133 1,000
19-133.1 5,000
19-135 1,000
19-137 1,000
19-138 1,000
19-139 5,000
19-141 1,000
19-144 5,000
19-145 5,000
19-146 1,000
19-147 1,000
19-148 1,000
24-521 5,000
All other
Provisions
of this
subchapter
and rules
or
orders relating
thereto 500
Note: Reference to an administrative code provision is intended to
encompass the penalties for violations of the rules or orders made or of
the terms or conditions of permits issued pursuant to such code
provision.
2. The civil penalties provided for in this subdivision may be
recovered in a proceeding before the environmental control board or in
an action in any court of competent jurisdiction.
3. The environmental control board shall have the power to impose the
civil penalties provided for in this subdivision. A proceeding before
such board shall be commenced by the service of a notice of violation
returnable before such board.
c. In addition to the civil penalty determined in accordance with
subdivision b of this section an additional civil penalty may be
recovered in the amount of the expense, if any, incurred by the city to
restore or replace pavement unlawfully removed, taken up or broken or to
remedy any other unsafe condition on any street resulting from such
violation. Such additional civil penalty may be recovered in an action
or proceeding in any court of competent jurisdiction.
Section 19-151
§ 19-151 Enforcement. a. In addition to police officers, authorized
officers and employees of the department of transportation and of other
city agencies who are designated by the commissioner shall have the
power to enforce the provisions of this subchapter and the rules and
orders of the commissioner in relation thereto and to issue summonses
and appearance tickets returnable in the criminal court and notices of
violation returnable before the environmental control board for
violations thereof.
b. In addition to the orders specifically referred to in this
subchapter, the commissioner shall have the power to issue any other
orders which may be necessary or appropriate (i) to enforce compliance
with any of the provisions of this subchapter or of section 24-521 of
the code, the rules of the department in relation thereto or the terms
or conditions of any permit issued pursuant thereto, or (ii) to remedy
any condition found to exist on any street which is in violation of any
of the provisions of this subchapter or of section 24-521 of the code,
the rules of the department in relation thereto or the terms or
conditions of any permit issued pursuant thereto. Such orders shall be
served in the manner provided by the rules of the department. The
commissioner shall afford the persons to whom such order is directed an
opportunity to be heard in accordance with the rules of the department.
c. The commissioner may request the corporation counsel to institute
any action or proceeding that may be appropriate or necessary to
restrain, correct or abate a violation of this subchapter or of section
24-521 of the code or the rules of the department in relation thereto or
to compel compliance with any order issued by the commissioner
thereunder or with the terms or conditions of any permit issued pursuant
to this subchapter. Such actions and proceedings may be instituted by
the corporation counsel in any court of appropriate jurisdiction. In
such actions or proceedings the city may apply for restraining orders,
preliminary injunctions or other provisional remedies. The court to
which such application is made may make any or all of the orders
specified as may be required in such application, with or without
notice, and may make such other or further orders or directions as may
be necessary to render the same effectual.
d. If the commissioner finds that any work in violation of this
subchapter or of section 24-521 of the code, the rules of the department
or the terms or conditions of a permit issued pursuant to this
subchapter creates an imminent danger to life or safety, he or she may
issue an order to cease and desist. Such order shall be given orally or
in writing to the persons executing the work and shall require immediate
compliance therewith. The order may also require such persons to execute
such work or take such action as the commissioner determines may be
necessary to remove the danger or otherwise make the street reasonably
safe, including but not limited to filling in an excavation and
repairing, restoring or replacing the pavement thereon or removing
construction material or equipment or dirt, debris or rubbish therefrom.
e. In addition to any other remedies or penalties set forth in this
subchapter, upon the failure to comply with an order issued by the
commissioner to remedy any condition on any street which is in violation
of this subchapter, or of section 24-521 of the code, the rules of the
department in relation thereto or the terms or conditions of a permit
issued pursuant to this subchapter, including an order to cease and
desist, within the time set forth in such order, the commissioner may
execute the work required to be executed in such order. All costs and
expenses of the city for such work may be recovered from the persons who
are found to be liable for the violation. Before undertaking to execute
any work required by an order, other than work required by an order to
cease and desist, the commissioner shall afford the persons to whom such
order is directed an opportunity to be heard in accordance with the
rules of the department.
f. The provisions of sections 19-149 and 19-150 shall be construed to
provide that a permittee or a person for whose benefit any activity for
which a permit is required pursuant to this subchapter is performed
shall be liable with his or her employee, agent or independent
contractor for a violation of the provisions of this subchapter or of
section 24-521 of the code or any order issued by or rule promulgated by
the commissioner pursuant thereto or the terms or conditions of any
permit issued pursuant thereto which is committed by such employee,
agent or independent contractor in the course of performing the activity
for which a permit was issued to such permittee or the activity which
benefited such person. Notwithstanding the foregoing provision, in any
action or proceeding against a person who owns or leases real property
for a violation arising out of work in a street which benefited the real
property owned or leased by such person, it shall be an affirmative
defense by such owner or lessee that the work which was the subject of
such violation was performed by a licensed master plumber as defined in
subdivision e of section 26-141 of the administrative code under a
permit issued by the department or by an operator of an underground
facility as defined in 12 NYCRR 53-1.5.
Section 19-152
§ 19-152 Duties and obligations of property owner with respect to
sidewalks and lots. a. The owner of any real property, at his or her own
cost and expense, shall (1) install, construct, repave, reconstruct and
repair the sidewalk flags in front of or abutting such property,
including but not limited to the intersection quadrant for corner
property, and (2) fence any vacant lot or lots, fill any sunken lot or
lots and/or cut down any raised lots comprising part or all of such
property whenever the commissioner of the department shall so order or
direct. The commissioner shall so order or direct the owner to
reinstall, construct, reconstruct, repave or repair a defective sidewalk
flag in front of or abutting such property, including but not limited to
the intersection quadrant for corner property or fence any vacant lot or
lots, fill any sunken lot or lots and/or cut down any raised lots
comprising part or all of such property after an inspection of such real
property by a departmental inspector. The commissioner shall not direct
the owner to reinstall, reconstruct, repave or repair a sidewalk flag
which was damaged by the city, its agents or any contractor employed by
the city during the course of a city capital construction project. The
commissioner shall direct the owner to install, reinstall, construct,
reconstruct, repave or repair only those sidewalk flags which contain a
substantial defect. For the purposes of this subdivision, a substantial
defect shall include any of the following:
1. where one or more sidewalk flags is missing or where the sidewalk
was never built;
2. one or more sidewalk flag(s) are cracked to such an extent that one
or more pieces of the flag(s) may be loosened or readily removed;
3. an undermined sidewalk flag below which there is a visible void or
a loose sidewalk flag that rocks or seesaws;
4. a trip hazard, where the vertical grade differential between
adjacent sidewalk flags is greater than or equal to one half inch or
where a sidewalk flag contains one or more surface defects of one inch
or greater in all horizontal directions and is one half inch or more in
depth;
5. improper slope, which shall mean (i) a flag that does not drain
toward the curb and retains water, (ii) flag(s) that must be replaced to
provide for adequate drainage or (iii) a cross slope exceeding
established standards;
6. hardware defects which shall mean (i) hardware or other
appurtenances not flush within 1/2" of the sidewalk surface or (ii)
cellar doors that deflect greater than one inch when walked on, are not
skid resistant or are otherwise in a dangerous or unsafe condition;
7. a defect involving structural integrity, which shall mean a flag
that has a common joint, which is not an expansion joint, with a
defective flag and has a crack that meets such common joint and one
other joint;
8. non-compliance with DOT specifications for sidewalk construction;
and
9. patchwork which shall mean (i) less than full-depth repairs to all
or part of the surface area of broken, cracked or chipped flag(s) or
(ii) flag(s) which are partially or wholly constructed with asphalt or
other unapproved non-concrete material; except that, patchwork resulting
from the installation of canopy poles, meters, light poles, signs and
bus stop shelters shall not be subject to the provisions of this
subdivision unless the patchwork constitutes a substantial defect as set
forth in paragraphs (1) through (8) of this subdivision.
a-1. An owner of real property shall bear the cost for repairing,
repaving, installing, reinstalling, constructing or reconstructing any
sidewalk flag in front of or abutting his or her property, including but
not limited to the intersection quadrant for corner property, deemed to
have a substantial defect which is discovered in the course of a city
capital construction project or pursuant to the department's prior
notification program, wherein the department receives notification of a
defective sidewalk flag(s) by any member of the general public or by an
employee of the department. However, with respect to substantial defects
identified pursuant to the prior notification program, the sidewalk must
be deemed to be a hazard prior to the issuance of a violation for any
substantial defect contained in subdivision a of this section for any
sidewalk flag on such sidewalk. For purposes of this subdivision, a
hazard shall exist on any sidewalk where there is any of the following:
1. one or more sidewalk flags is missing or the sidewalk was never
built;
2. one or more sidewalk flag(s) is cracked to such an extent that one
or more pieces of the flag(s) may be loosened or readily removed;
3. an undermined sidewalk flag below which there is a visible void;
4. a loose sidewalk flag that rocks or seesaws;
5. a vertical grade differential between adjacent sidewalk flags
greater than or equal to one half inch or a sidewalk flag which contains
one or more surface defects of one inch or greater in all horizontal
directions and is one half inch or more in depth; or
6. cellar doors that deflect greater than one inch when walked on, are
not skid resistant or are otherwise in a dangerous or unsafe condition.
b. All such work shall be done in accordance with such specifications
and regulations prescribed by the department.
c. Whenever the department shall determine that a sidewalk flag should
be installed, constructed, reconstructed, or repaved, or that a vacant
lot should be fenced, or a sunken lot filled or a raised lot cut down,
it may order the owner of the property abutting on such sidewalk flag or
the owner of such vacant, sunken or raised lot by issuing a violation
order to perform such work. Such order shall provide a detailed
explanation of the inspection and the sidewalk defects according to
sidewalk flags including a detailed diagram of the property and defects
by type. The order shall also inform the owner of the existence of the
borough offices within the department together with an explanation of
the procedures utilized by the borough office as provided for in
paragraph eighteen of subdivision a of section twenty-nine hundred three
of the New York city charter as well as a complaint and appeal process,
including the right to request a reinspection and then the right to
appeal by filing a notice of claim with the office of the comptroller of
the city of New York and thereafter a petition for appeal and commence a
proceeding to review and/or correct the notice of account and/or the
quality of the work performed under the direction of or by the
department as provided herein and the procedures as to how to appeal by
filing a notice of claim with the office of the comptroller of the city
of New York and how to file a petition and commence a proceeding to
review and/or correct the notice of account and/or the quality of the
work performed as provided herein and the location where the forms may
be obtained. Such order shall specify the work to be performed, an
estimate of the cost of the work to repair the defects and the order
shall also specify a reasonable time for compliance, provided that the
time for compliance shall be a minimum of forty-five days. The
department shall, by appropriate regulations, provide for a reinspection
by a different departmental inspector than the inspector that conducted
the first or original inspection upon request of the property owner to
the appropriate borough office. Where appropriate, the department shall
notify the property owner of the date of reinspection at least five days
prior to the reinspection date. Such inspector conducting the
reinspection shall conduct an independent inspection of the property
without access to the reports from the first inspection. The inspector
conducting the reinspection shall file a new report and the department
shall issue a new order to the owner specifying the results of the
reinspection with a detailed diagram of the property and defects by
type. Such order shall also advise the owner of the procedures utilized
by the borough office as provided for in paragraph eighteen of
subdivision a of section twenty-nine hundred three of the New York city
charter and also of the right to challenge the notice of account and/or
the quality of the work performed by filing a notice of claim with the
office of the comptroller and thereafter a petition and commence a
proceeding to review and/or correct the notice of account and/or the
quality of the work performed under the direction of or by the
department as provided in sections 19-152.2 and 19-152.3 of the code and
specify the procedures as to how to appeal by filing a notice of claim
with the office of the comptroller of the city of New York and how to
file a petition and commence a proceeding to review and/or correct the
notice of account and/or the quality of the work performed and the
location where the forms may be obtained.
d. If the department has been notified in writing of the existence of
a defective, unsafe, dangerous or obstructed condition of a sidewalk
pursuant to subdivision (c) of section 7-201 of the code, and the
department determines that such condition constitutes an immediate
danger to the public, it may notify the property owner that such
condition constitutes an immediate danger to the public and direct such
owner to repair same within ten days of the service of the notice.
e. Upon the owner's failure to comply with such order or notice within
forty-five days of service and filing thereof, or within ten days if
such period is fixed by the department pursuant to subdivision d of this
section, the department may perform the work or cause same to be
performed under the supervision of the department, the cost of which,
together with administrative expenses, as determined by the
commissioner, but not to exceed twenty percent of the cost of
performance, shall constitute a debt recoverable from the owner by lien
on the property affected or otherwise. Upon entry by the city collector,
in the book in which such charges are to be entered, of the amount
definitely computed as a statement of account by the department, such
debt shall become a lien prior to all liens or encumbrances on such
property, other than taxes. An owner shall be deemed to have complied
with this subdivision if he or she obtains a permit from the department
to perform such work as specified in the order within the time set forth
therein and completes such work within ten days thereafter.
f. Service of a notice or order by the department upon an owner
pursuant to the provisions of this section shall be made upon such owner
or upon his or her designated managing agent personally or by certified
or registered mail, return receipt requested, addressed to the person
whose name appears on the records of the city collector as being the
owner of the premises. If the records of the city collector show that a
party, other than the owner, has been designated to receive tax bills
for such property, the notice shall be mailed to such party as well as
to the owner of record, at his or her last known address, or, if it is a
multiple dwelling, service upon the owner or managing agent may be made
in accordance with section 27-2095 of the code. If the postal service
returns the order with a notation that the owner refused to accept
delivery of such notice, it may be served by ordinary mail and posted in
a conspicuous place on the premises.
g. A copy of such notice or order shall also be filed in the office of
the clerk of each county where the property is situated, together with
proof of service thereof.
h. Nothing contained in this section shall impair or diminish the
power of the city to install, construct, reconstruct, repave or repair
sidewalk flags or to fence vacant lots or to fill sunken lots or to cut
down raised lots or to enter into contracts with the owners of premises
abutting on streets for such installation, construction, reconstruction,
repaving or repair of sidewalk flags or fencing of vacant lots or
filling of sunken lots, or cutting down of any raised lots, in
accordance with the rules of the procurement policy board. Nor shall
anything contained in this section affect or impair any act done or
right accrued or accruing, or acquired, or liability incurred prior to
the effective date of this section, but the same may be enjoyed or
asserted as fully and to the same extent as if this section had not been
enacted.
i. After the work has been performed or after inspection by the
department in the case where the work was performed under the direction
of the department a notice of such account, stating the amount due and
the nature of the charge, shall be mailed by the city collector, within
five days after such entry, to the last known address of the person
whose name appears on the records of the city collector as being the
owner or agent or as the person designated by the owner to receive tax
bills or, where no name appears, to the premises, addressed to either
the owner or the agent. Such notice shall also inform the addressee of
the existence of a complaint and appeal process including the procedures
utilized by the borough office as provided for in paragraph eighteen of
subdivision a of section twenty-nine hundred three of the New York city
charter the right to appeal the amount due and the quality of work
performed under the direction of or by the department by filing a notice
of a claim with the office of the comptroller of the city of New York
and thereafter by filing a petition and commence a proceeding to review
and/or correct the notice of such account and/or the quality of the work
performed under direction of or by the department as provided in
sections 19-152.2 and 19-152.3 of the code and the location where the
forms may be obtained. The owner shall only be responsible for the cost
of reinstalling, constructing, reconstructing, repaving or repairing
defective sidewalk flags ordered or directed by the department, not an
entire sidewalk if the entire sidewalk lacks defects.
j. If such charge is not paid within ninety days from the date of
entry, it shall be the duty of the city collector to charge and receive
interest thereon, to be calculated to the date of payment from the date
of entry.
(1) Except as otherwise provided in paragraph (2) of this subdivision,
interest shall be charged at the rate of interest applicable to such
property for real property taxes pursuant to section 11-224 of the code.
(2) With respect to any parcel on which the annual tax is not more
than two thousand seven hundred fifty dollars, other than a parcel which
consists of vacant or unimproved land, interest shall be charged at the
rate determined pursuant to subdivision p or at the rate of eight and
one-half percent whichever is lower.
k. Such charge and interest shall be collected and the lien thereof
may be foreclosed in the manner provided by law for the collection and
foreclosure of the lien of taxes, sewer rents, sewer surcharges and
water charges due and payable to the city, and the provisions of chapter
four of title eleven of the code shall apply to such charge and the
interest thereon and the lien thereof.
l. In addition to collecting the charge for the cost of installation,
construction, repaving, reconstruction and repair of a sidewalk, fencing
of a vacant lot, filling of a sunken lot and/or cutting down any raised
lot as a lien, the city may maintain a civil action for recovery of such
charge against a property owner who is responsible under this section
for such work in the first instance, provided, however, that in the
event that the department performs the work without duly notifying such
person in the manner prescribed in subdivision f, the cost to the city
of performing such work shall be prima facie evidence of the reasonable
cost thereof.
m. Upon application in writing of either (i) an owner of real property
which is improved by a one, two, three, four, five or six family house:
or (ii) an owner of real property which has an assessed valuation of no
more than thirty thousand dollars, upon which a charge in excess of two
hundred fifty dollars but not in excess of five thousand dollars has
been entered pursuant to this section, the commissioner of finance may
agree with the owner to divide the charge into four annual installments.
Each installment shall be as nearly equal as may be. The first
installment thereof shall be due and payable upon approval of the
application and each succeeding installment shall be due and payable on
the next ensuing anniversary date of the date of entry of the charge,
together with interest thereon from the date of entry at the rate
determined pursuant to subdivision p, or at the rate of eight and
one-half percent per annum, whichever is lower. The commissioner may
require owners of parcels making application pursuant to this
subdivision to furnish satisfactory proof of their eligibility. In the
event that the owner fails to make payment of any installment within
thirty days of the due date, the commissioner may declare such
installment agreement to be null and void and the balance of the charge
shall become immediately due and payable with interest at the rate
prescribed in subdivision j of this section to be calculated from the
date of entry to the date of payment. The installments not yet due with
interest to date of payment may be paid at any time. The city may not
enforce a lien against any owner who has entered into an agreement with
the commissioner of finance pursuant to this section provided that he or
she is not in default thereunder. No installment shall be a lien or
deemed an encumbrance upon the title to real property charged until it
becomes due as herein provided. In the event that the city shall
acquire, by condemnation or otherwise, any property upon which
installments are not due, such installments shall become due as of the
date of acquisition of title by the city and shall be set off against
any award that may be made for the property acquired, with interest to
the date of acquisition of title.
n. All orders or notices served by the commissioner in connection with
the installation, construction, reconstruction, repavement or repair of
sidewalks, fencing of vacant lots, filling of sunken lots or cutting
down of raised lots and all charges arising out of the performance of
such work by the department subsequent to January first, nineteen
hundred seventy-seven are hereby legalized, validated, ratified and
confirmed as though such orders, notices and charges were made pursuant
to this section.
p. On or before the first day of June, nineteen hundred eighty-six,
and on or before the first day of June of each succeeding year, the
director of the office of management and budget shall determine and
certify the city's cost of debt service, expressed as a percentage and
rounded to the nearest one-tenth of a percentage point and shall
transmit copies of such certification to the city council and the
commissioner of finance. The percentage so determined and certified
shall be the rate of interest applicable for purposes of paragraph (2)
of subdivision j and subdivision m during the ensuing fiscal year of the
city, provided, however, that for the period beginning on February
third, nineteen hundred eighty-five and ending on June thirtieth,
nineteen hundred eighty-six, the applicable rate of interest shall be
eight and one-half percent per annum. Any rate determined pursuant to
this subdivision shall apply to charges, or any portion thereof, which
remain or become due on or after the date on which such rate becomes
effective and shall apply only with respect to interest computed or
computable for periods or portions of periods occurring in the period in
which such rate is in effect. For the purposes of this subdivision, the
city's cost of debt service shall be the average rate of interest paid
by the city during the first ten months of the fiscal year in which the
determination is made on general obligation bonds issued by the city
during such period with a maturity of four years or if no general
obligation bonds with a maturity of four years are issued during such
period, on general obligation bonds with a maturity of no less than
three nor more than five years.
q. Notwithstanding any inconsistent provision of this section, the
amount charged an owner for sidewalk reconstruction performed or caused
to be performed by the department in connection with a city capital
construction project for street or sewer reconstruction shall be
determined according to the average city expenditure for such sidewalk
reconstruction projects in the borough where such reconstruction is
performed. Such average expenditure shall be computed by the
commissioner.
r. The department shall keep record of all complaints submitted and
work ordered and performed under this section and shall issue a public
report for a minimum of three years containing such information
including the number of complaints heard each year according to
category, the number of reinspections performed and the dispositions of
such reinspections.
s. The provisions of sections 19-149, 19-150 and 19-151 shall not
apply to orders issued pursuant to this section.
Section 19-152.2
§ 19-152.2 Claim process. a. A claim against the department arising
from the city's performance pursuant to section 19-152 of the code shall
be initiated within one year from the date of entry of a notice of
account if the claimant shall have filed a notice of claim with the
office of the comptroller of the city of New York within the time limit
established by, and in compliance with all the requirements of section
fifty-e of the general municipal law. The claim forms shall be provided
to property owners upon request at no cost.
b. If the office of the comptroller determines that the final work was
improper, the office of the comptroller shall notify the department. The
department shall pursue corrective measures and shall issue and mail a
new notice within thirty days of such determination, stating when the
same will be corrected and by whom, by mail addressed to the person
whose name appears on the records of the city collector as being the
owner of the premises. If the records of the city collector show that a
party other than the owner has been designated to receive the tax bills
for such property, the notice shall be mailed to such party as well as
to the owner of record, at his or her last known address, or if it is a
multiple dwelling, service upon the owner or managing agent may be made
in accordance with section 27-2095 of the code.
Section 19-152.3
§ 19-152.3 Appeal process to small claims assessment review part. a.
If an owner of property claiming to be aggrieved does not secure
satisfaction with the office of the comptroller, such owner of property
may file a petition for appeal and commence a proceeding to review
and/or correct the notice of account and/or the quality of the work
performed with the small claims assessment review part in the supreme
court. The petition for appeal forms shall be provided to property
owners upon request, at no cost. A fee of twenty-five dollars shall be
paid upon filing of each petition, which shall be the sole fee required
for petitions pursuant to this section. Such petition shall contain an
allegation that at least thirty days have elapsed since the notice of
claim, based on section 7-201 of the code upon which such action is
founded, was presented to the office of the comptroller for adjustment,
and that the comptroller has neglected or refused to make an adjustment,
or payment thereof for thirty days after such presentment.
b. The petition for an appeal form shall be prescribed by the
department after consultation with the office of court administration.
Such form shall require the petitioner to set forth his name, address
and telephone number, a description of the real property for which the
appeal is sought, the types of property defects or a description of the
violations, a concise statement of the ground or grounds upon which the
review is sought and any such information as may be required by the
department and the office of court administration. No petition for an
appeal form shall relate to more than one parcel of real property. The
petition may be made by a person who has knowledge of the facts stated
therein and who is authorized in writing by the property owner to file
such petition. Such written authorization must be made a part of such
petition and bear a date within the same calendar year during which the
petition was filed.
c. The petitioner shall personally deliver or mail by certified mail,
return receipt requested a copy of the petition within seven days from
the date of filing with the clerk of the supreme court to the
commissioner of the department or a designee of the commissioner.
d. The chief administrator of the courts shall appoint a panel of
small claims hearing officers within the small claims assessment review
program in the supreme court selected from persons requesting to serve
as such hearing officers who have submitted resumes of qualifications to
hear the proceedings relating to sidewalks and lots. Hearing officers to
be appointed to the panel shall be qualified by training, experience,
and knowledge of real property improvement and valuation practices and
provisions of state and local law governing real property improvements,
liabilities and assessments, but need not be attorneys at law. The chief
administrator of the court shall randomly assign a hearing officer or
hearing officers to conduct an informal hearing on the petition for
appeal with the applicants for small claims and a representative of the
department. Hearing officers assigned shall be familiar with the
department and shall not possess any conflict of interest as defined by
the public officers law with regard to the petitions heard. Hearing
officers shall be compensated for their services in accordance with a
fee schedule established by the chief administrator of the courts.
e. The small claims proceedings shall be held within thirty days after
the date of filing the petition. Such proceeding, where practicable,
shall be held at a location within the county in which the real property
subject to review is located. The petitioner and the department shall be
advised by mail of the time and place of such proceeding.
f. The petitioner need not present expert witnesses nor be represented
by an attorney at such hearing. Such proceedings shall be conducted on
an informal basis in such manner as to do substantial justice between
the parties according to the rules of substantive law. The petitioner
shall not be bound by statutory provisions of rules of practice,
procedure, pleading or evidence. The hearing officer shall be empowered
to compel the department and any other party who performed the work to
produce records and other evidence relevant and material to the
proceeding. All statements and presentation of evidence made at the
hearing by either party shall be made or presented to the hearing
officer who shall assure that decorum is maintained at the hearing. The
hearing officer shall consider the best evidence presented in each
particular case. Such evidence may include but shall not be limited to,
photographs of the sidewalk or lots, construction contracts or bills
from licensed firms that performed the work to correct the alleged
violations. The hearing officer may, if he deems it appropriate, view or
inspect the real property subject to review. The petitioner shall have
the burden of proving entitlement to the relief sought.
g. All parties are required to appear at the hearing. Failure to
appear shall result in the petition being determined upon inquest by the
hearing officer based upon the available evidence submitted.
h. The hearing officer shall determine all questions of fact and law
de novo.
i. The hearing officer shall make a decision in writing with respect
to the petition for appeal within thirty days after conclusion of the
hearing conducted with respect thereto. The hearing officer's decision
may grant the petition in full or in part or may deny the petition. If
the hearing officer grants the petition in full or in part, the hearing
officer shall award the petitioner costs against the respondent in an
amount equal to the fee paid by the petitioner to file the petition for
appeal. The hearing officer may award the petitioner costs against the
respondent in an amount equal to the fee paid by the petitioner to file
the petition for appeal where he deems it appropriate.
j. If the hearing officer grants the petition in full or in part, the
hearing officer shall order the department and the city collector, where
appropriate, to change or correct their records to reflect the
determination or order the work corrected and reinspected by a
departmental inspector after the work was performed.
k. The decision of the hearing officer shall state the findings of
fact and the evidence upon which it is based. Such decisions shall be
attached to and made part of the petition for appeal and shall be dated
and signed.
l. The hearing officer shall promptly transmit the decision to the
clerk of the court, who shall file and enter it and the hearing officer
shall promptly mail a copy of the decision to the petitioner or the
commissioner of the department or the designee of the commissioner and
to the city collector, where appropriate.
m. No transcript of testimony shall be made of a small claims review
hearing. The hearing officer's decision of a petition of appeal shall
not constitute precedent for any purpose or proceeding involving the
parties or any other person or persons.
n. A petitioner to an action pursuant to this section may seek
judicial review pursuant to article seventy-eight of the civil practice
law and rules provided that such review shall be maintained against the
same parties named in the small claims petition.
o. The chief administrator of the courts shall adopt such rules of
practice and procedure, not inconsistent herewith as may be necessary to
implement the appeal procedures hereby established. Such rules shall
provide for the scheduling of evening hearings where practicable, the
availability of petition forms, and the procedures for the filing of
decisions rendered by hearing officers pursuant to the provisions of
this section.
p. If in the final order in any proceeding, it is determined that the
amount due was excessive or improper and ordered or directed that the
same be corrected, the city collector shall issue and mail a new notice
of such account stating the new amount owed to the person whose name
appears on the records of the city collector as being the owner of the
premises. If the records of the city collector show that a party other
than the owner has been designated to receive the tax bills for such
property, the notice shall be mailed to such party as well as to the
owner of record, at his or her last known address, or, if it is a
multiple dwelling, service upon the owner or managing agent may be made
in accordance with section 27-2095 of the code. If such charge is not
paid within ninety days from the date of entry, it shall be the duty of
the city collector to charge and receive interest thereon, to be
calculated to the date of payment from the date of entry. Where
appropriate, if in the final order in any proceeding, it is determined
that the amount due was excessive or improper and the owner of the
property is entitled to a refund for the excessive amount, the hearing
officer shall promptly order and direct such refund within thirty days.
q. If in the final order in any proceeding, it is determined that the
final work was improper and ordered or directed that the same be
corrected, the department shall issue and mail a new notice of such
within thirty days stating when the same will be corrected and by whom,
by mail, addressed to the person whose name appears on the records of
the city collector as being the owner of the premises. If the records of
the city collector show that a party other than the owner has been
designated to receive the tax bills for such property, the notice shall
be mailed to such party as well as to the owner of record, at his or her
last known address, or, if it is a multiple dwelling, service upon the
owner or managing agent may be made in accordance with section 27-2095
of the code.
Section 19-153
§ 19-153 Inspection, testing and repair of electrical-related
infrastructure. a. The provisions of this section shall only apply to
electrical-related infrastructure located in the city of New York
capable of emitting stray voltage. For purposes of this section, the
following terms shall have the following meanings: 1. "Local electric
corporation" shall mean an electric corporation as defined in paragraph
13 of section 2 of the public service law, or its successor provision,
that owns and operates transmission and distribution systems for the
provision of electrical service in the city of New York.
2. "Stray voltage" shall mean any unintended electrical potentials
between contact points that may be encountered by humans or animals.
3. "Voltmeter" shall mean an instrument that measures differences of
electric potential in volts.
4. "Non-conductive protective material" shall mean any casing or
material of sufficient composition or thickness to adequately obstruct
the unintended flow of electricity.
b. All local electric corporations shall, where practicable and
appropriate for the protection of public safety, utilize non-conductive
protective materials to insulate their electrical-related infrastructure
to prevent stray voltage.
c. All local electric corporations shall establish and implement
written guidelines and procedures for the annual inspection or testing
of each category of its electrical-related infrastructure used to
provide electrical service and for the repair of such infrastructure if
required. Such guidelines and procedures shall include the annual
inspection of each category of its electrical-related infrastructure
located on, above or below any sidewalk used to provide electrical
service and the repair of such infrastructure if required. Such
guidelines and procedures shall also include the annual testing of each
category of its electrical-related infrastructure in any location other
than on, above or below a sidewalk used to provide electrical service
and the repair of such infrastructure if required. Each inspection and
testing period shall be comprised of an uninterrupted twelve month
period concluding on November 30 of each year. Such local electric
corporations shall establish such inspection and testing schedules and
procedures for at least the following categories of electrical-related
infrastructure: transformers, switching and protective devices,
regulators and capacitors, overhead and underground cables, wires and
conductors, above and below ground utility and connection boxes, manhole
covers, metal plates, gratings and poles.
d. Each piece of electrical-related infrastructure included in the
list of categories of such infrastructure set forth in subdivision c of
this section that has been found to emit stray voltage shall be repaired
or made safe within twenty-four hours of discovery or knowledge of such
condition by the local electric corporation that owns and operates the
infrastructure, or a contractor or subcontractor thereof, in a manner
that completely eliminates the emission of any such stray voltage.
e. Upon completion of the annual inspection, testing and repair
program mandated by subdivision c of this section, all local electric
corporations shall provide the council, the department and the public
service commission with a written report no later than January 15 of
each year. Such report shall state that each piece of its
electrical-related infrastructure has been inspected where required,
tested where required, and, if necessary, repaired during the
immediately preceding inspection and testing period. Such report shall
indicate each location at which stray voltage was found and shall state
that in each such instance, each repair was completed in accordance with
accepted professional standards and that no public safety hazard exists.
Such report shall include a detailed account of all types of
non-conductive protective materials utilized to insulate such local
electric corporation's electrical-related infrastructure during the
period being reported upon, as well as any planned changes in the types
of non-conductive protective materials to be employed during the next
reporting period to meet the mandate set forth in subdivision b of this
section with an explanation for any proposed change. Such report shall
also include a complete list of all inspections, tests and repairs for
the detection and elimination of stray voltage conducted outside the
course of the inspection and testing schedules required by subdivision c
of this section, such as those initiated in response to consumer
complaints, including the nature and location of the condition
complained of, whether the complaint was founded, what repair work was
undertaken and to what category of electrical-related infrastructure and
the amount of time taken from receipt of the complaint to completely
eliminate any stray voltage.
f. The department shall conduct random tests, by utilizing a
voltmeter, of the electrical-related infrastructure of any local
electric corporation for the purposes of detecting stray voltage and
shall maintain written reports of the results of each such test.
Commencing with the twelve month inspection and testing period beginning
on December 1, 2004, the department shall conduct at least two hundred
fifty such tests at random sites during each twelve month inspection and
testing period. The reports created pursuant to this testing shall be
forwarded to the public service commission and to the local electric
corporation whose sites the department tests.
g. All local electric corporations shall establish and implement an
educational campaign aimed at informing the public of how to identify
and protect themselves from the dangers of stray voltage potentially
emanating from their electrical-related infrastructure. The campaign
shall utilize the information from the annual report of inspections,
tests and repairs required by this section to alert the public to the
locations most frequently documented as having had stray voltage.
Section 19-154
§ 19-154 Publication of street resurfacing information. a. The
commissioner shall make available online through the department's
website information regarding the resurfacing and capital improvement of
city blocks. Such information shall include but not be limited to: (i)
what year city blocks were last resurfaced or received capital
improvement; (ii) the current rating for city blocks pursuant to the
department's street rating system as one of the following: good, fair,
or poor.
b. On or before January 31, 2013, the information required by
subdivision a of this section shall be searchable by city block.
Section 19-155
§ 19-155 Study of alternative roadway and sidewalk materials. a. The
department and the department of environmental protection shall conduct
a study on the possible use of permeable materials on roadways and
sidewalks under the jurisdiction of the department. Such study shall
include the following: (i) various types of permeable material for
roadway and sidewalk use; (ii) the expected costs of such materials and
the projected feasibility of such materials, including but not limited
to durability, operational function and performance; (iii) the volume of
stormwater anticipated to be permeated through such materials; (iv)
recommendations and limitations regarding the use of permeable materials
on roadways and sidewalks under the jurisdiction of the department; (v)
the maintenance practices for such roadways and sidewalks and estimated
costs of such practices; (vi) the effect on utilities and other entities
that will need to make cuts in such roadways and sidewalks; (vii)
methods to restore the porosity of such roadways and sidewalks and an
estimate of the costs of such methods; (viii) recommendations regarding
the use and limitations of permeable materials by private property
owners on private roadways, parking lots and sidewalks; and (ix) a
determination on whether a uniform standard on the use of permeable
materials in sidewalks within the city of New York is appropriate, based
on the results of the study and pilot required pursuant to subdivisions
a and b of this section. If such uniform standards are deemed
appropriate, the department, in consultation with other agencies
including but not limited to the department of parks and recreation and
the department of design and construction, shall make recommendations
and exceptions to such uniform standard. Such study shall be completed
and delivered to the speaker of the council and posted on the
department's website not more than thirty months following the effective
date of the local law that added this section.
b. The department shall undertake a pilot program on the use of
permeable materials on roadway and sidewalk surfaces as part of the
study required pursuant to subdivision a of this section. Such pilot
program shall include evaluation of permeable materials in three
different types of roadway conditions and three different types of
sidewalk conditions, with such conditions including but not limited to
roadway and pedestrian volume and locations susceptible to flooding. The
department shall consult with the department of environmental protection
prior to choosing the locations for such pilot program. A report on such
pilot program shall be completed and delivered to the speaker of the
council and posted on the department's website not more than one hundred
twenty days following the completion of the pilot program.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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