Section 22-101
§ 22-101 Definitions. As used in this title, the following terms shall
have the following meanings:
a. "Commissioner" shall mean the commissioner of the department of
ports and trade.
b. "Department" shall mean the department of ports and trade.
c. "No-discharge zone" shall mean those bodies of water designated as
vessel waste no-discharge zones pursuant to subdivision one of section
thirty-three-e of the New York state navigation law.
Section 22-103
§ 22-103 Grant of lands under water within the projected boundary
lines of streets. a. To the end that the city may make needful
provisions for navigation, intercourse and commerce of the city and
adequately to develop and secure the same there is hereby granted in fee
to the city, in all the public streams, rivers, sounds, bays and waters
of all descriptions at any and all places within the city or adjoining
the limits of the city, all and singular the property, estate, right,
title and interest of the people of the state of New York, in, to, of,
and concerning such lands under water, as are embraced within the
projected boundary lines of any street intersecting the shore line, and
which street is in public use or which may be hereafter opened for
public use extending from high-water mark out into such streams, rivers,
sounds, bays and waters so far (and limits in existing grants to the
contrary) as the city shall now or at any time hereafter in the opinion
of the board of estimate or the commissioner of ports and trade require
the same for ferries, public wharves, docks, piers, bulkheads, basins,
slips or other public structures, adjuncts and facilities for navigation
and commerce. This grant shall include the right to reclaim such lands
from such waters, and also all riparian rights and all rents, issues and
profit of the premises herein granted. The commissioner of the state
department of general services, from time to time, shall convey or
patent the lands therein granted to the city for such purposes as and
whenever required by the commissioner of ports and trade.
b. Subdivision a of this section shall not impair or affect any
existing valid private rights, or the existing riparian rights of owners
of private property, or the lawful rights of private owners of docks,
piers and other structures in the city or any part thereof.
Section 22-104
§ 22-104 Lands under water not within the projected boundary lines of
streets; patenting of.
a. Patents of land under water within the city shall be made only to
the city or to the riparian proprietor. Where, pursuant to section seven
hundred five of the charter or section 22-132 of this chapter, a plan or
plans for the construction of docks between street intersections shall
be projected, the commissioner of ports and trade, with the approval of
the board of estimate, may make application to the commissioner of the
state department of general services for a grant of lands under water
for that purpose. Such state commissioner thereupon shall give notice to
the riparian proprietor before taking action in the matter and shall
then make such grant to the city for the purposes specified in section
22-103 of this subchapter. Such grant, however, shall be subject to all
the rights of the riparian proprietor, and before the city shall
construct such public wharves or other structures in front of the land
of such riparian proprietor, the city shall make just compensation to
such proprietor for the value of all the riparian rights.
b. Where application is made to the commissioner of the state
department of general services by the riparian proprietor for a grant of
soil or lands under water within the city, such state commissioner shall
give notice thereof to the commissioner of ports and trade who shall
examine into such application and certify to such state commissioner
whether in his or her opinion the granting of the same will conflict
with the rights of the city or be otherwise injurious to the public
interests of the city. Such grant, if made, shall be confined to lands
under water in front of such riparian proprietor and such state
commissioner may insert such terms and conditions in the grant as are
recommended by the commissioner of ports and trade and as will protect
the public interests of the city in respect to navigation and commerce.
The validity of any such grant or patent may be judicially determined in
an action brought by and in the name of the city.
Section 22-105
§ 22-105 Wharf property; proceedings to acquire. a. The commissioner
may agree with the owners of any wharf property, or uplands upon a price
for the same and shall certify such agreement to the mayor. If the mayor
approve such agreement, the commissioner shall take from the owners at
such price, the necessary conveyances and covenants for vesting such
wharf property or uplands in, and assuring the same to the city of New
York forever, and such owner shall be paid such price by the city. If,
however, the commissioner shall determine that the city should acquire
such wharf property or uplands by condemnation, without first attempting
to agree with the owners thereof for its purchase, the commissioner may,
with the approval of the mayor direct the corporation counsel to take
legal proceedings to acquire the same for the city. Thereupon, the
corporation counsel shall take the same proceedings to acquire such
wharf property or uplands as are provided for the taking of private
property in the city for public streets or places, and the provisions of
subchapter one of chapter three of title five of the code are hereby
made applicable, as far as may be necessary, in any legal proceeding
taken under this section. Before any such proceeding shall be
instituted, a statement shall be furnished to the mayor of the valuation
of the real property to be acquired as assessed for purposes of
taxation. The title to such property shall vest in the city upon the
date of the filing of the survey or map showing the real property to be
acquired subdivided into parcels corresponding with the separate
ownerships thereof in the office of the clerk of the county where such
proceeding is pending; and all of the rights, title and interest of any
and all of the owners or persons interested in such wharf property or
uplands, shall cease and determine and be extinguished at such time. All
the awards made in such proceedings for the value of property acquired
or interests extinguished shall draw interest from the time of the
vesting of the title in the city.
b. The commissioner, with the approval of the board of estimate, may
agree, license and permit private owners of any wharf property, to make
the necessary improvements upon their property, so as to conform to the
water front plan during the period which shall intervene prior to the
extinguishment of such private ownership by the city. Such improvements
shall be made by such owners under the supervision of or by the
commissioner, as may be agreed upon, at the cost and expense of such
private owners, in the first instance, and upon such reasonable terms as
to reimburse such private owners for such improvements, and as to
wharfage and other riparian rights thereon and therefrom, as may be
agreed upon.
Section 22-106
§ 22-106 Wharf property; acquisition; public hearing required. The
mayor, prior to approving or authorizing the acquisition of wharf
property or uplands, or directing the vesting in the city of any title
thereto, may hold a public hearing and shall refer any such proposed
acquisition to the appropriate agency pursuant to the provisions of
chapter eight of the charter. Public notice of any hearing held by the
mayor shall be given by publication for six consecutive days in the City
Record, not less than seven, nor more than thirty days before such
public hearing. Such publication shall contain in addition to such
information as the commissioner may deem proper, a description of the
property to be affected by the order to acquire such property, a
statement by the mayor of the date, time and place of such public
hearing, and an abstract of the recommendation of the commissioner in
relation to such vesting of title.
Section 22-107
§ 22-107 Fixing the high water line. a. The commissioner, by agreement
with the upland owner, may fix, determine upon and establish the line of
high water in front of the property of such upland owner upon such line
or lines as the commissioner shall deem best adapted to the improvement
of the water front.
b. Such agreement may provide for the sale and conveyance to the
upland owner of lands under water inside of such line, and for the
purchase from such upland owner of lands outside of such line, or for
the exchange of lands under water inside of such line for lands outside
of such line. Such agreement for sale and conveyance, together with a
map showing the lines so fixed, determined upon and established shall be
transmitted to the department of city planning pursuant to the
provisions of sections one hundred ninety-seven-c and one hundred
ninety-nine of the charter. If such agreement involves the purchase or
acquisition of such lands, the agreement, together with a map showing
the lines so fixed, determined upon and established shall be transmitted
to the mayor. Upon approval by the board of estimate of such agreement
for sale and conveyance and upon approval of such agreement for purchase
or acquisition by the board of estimate and by the mayor such sale and
conveyance shall be made upon such terms and conditions as the board
shall deem proper, and such purchase or exchange shall be made upon such
terms and conditions as the board and the mayor shall deem proper.
Section 22-108
§ 22-108 Sinking ships; placing at wharf property prohibited. It shall
be unlawful to place any vessel, craft or structure which is sinking or
is in such condition that there is danger of it sinking or stranding, at
any wharf property. Violation of this section shall be a misdemeanor
punishable by a fine of not more than five hundred dollars and not less
than ten dollars, or by imprisonment for not more than six months and
not less than ten days, or by both, on complaint of the commissioner.
One-half of any such fine shall be paid to the person or persons giving
information which shall lead to the conviction of any person violating
this section.
Section 22-109
§ 22-109 Removal of trucks, merchandise and vessels. Where any wharf
property or marginal street shall be encumbered or obstructed in its
free use or navigation by merchandise or material not affixed to such
wharf property or marginal street, or by an automobile, wagon, truck or
cart, or by any floating, stranded or sunken vessel or craft, and the
owner, consignee or person in charge thereof shall fail to remove the
same when directed by an order issued by the commissioner, pursuant to
section seven hundred four of the charter, the commissioner may employ
such labor and equipment as may be necessary to carry out such order.
The commissioner may store such merchandise, material, automobile,
wagon, truck, cart, vessel or craft in a warehouse or other suitable
place at the expense of the owner. Such owner, consignee or person in
charge of the merchandise, material, automobile, wagon, truck, cart,
vessel or craft so removed or stored may redeem the same upon payment to
the commissioner of the amount of all expenses actually and necessarily
incurred in effecting such removal, together with any charges for
storage. The commissioner shall be deemed a creditor of such owner,
consignee or person in charge and each of them for the amount of the
expenses so incurred and the commissioner may maintain an action against
them, or any of them, to recover the same.
Section 22-110
§ 22-110 Sale of unclaimed trucks, merchandise and vessels. Whenever
such merchandise, material, automobile, wagon, truck, cart, vessel or
craft shall remain unclaimed for thirty days after service of such order
on such owner, consignee or person, the commissioner may then sell the
same at pubic auction to the highest bidder, after advertisement for one
week in the City Record.
The commissioner shall deduct the expenses which have been incurred
from the proceeds of such sale and shall hold the remainder of such
proceeds in trust for such owner, consignee or person for twelve months.
If such remainder is then unclaimed, it shall be paid into the general
fund. Any excess of expenses which have been incurred in the removal,
storage, advertisement and sale of such merchandise, material,
automobile, wagon, truck, cart, vessel or craft over such proceeds of
sale shall be recoverable from such owner or owners of the same in an
action maintained by the commissioner.
Section 22-111
§ 22-111 Destruction of unclaimed trucks, merchandise and vessels. If
no bids are received at the public sale authorized in section 22-110 of
this subchapter, the commissioner may remove, destroy and break up or
otherwise dispose of such merchandise, material, automobile, wagon,
truck, cart, vessel or craft without liability for damage to the owners
of or to any person having or claiming any interest in the same. The
expense of such removal, advertisement, sale, destruction and disposal
shall be recoverable from such owner, owners or persons in an action
maintained by the commissioner.
Section 22-112
§ 22-112 Navigable waters; fouling; obstructing. a. It shall be
unlawful: 1. To place, discharge or deposit, by any process or in any
manner, offal, piles, lumber, timber, driftwood, dirt, ashes, cinders,
mud, sand, dredging, sludge, acid, or any other refuse matters floatable
or otherwise in the port of New York, except under the supervision of
the United States supervisor of the harbor, provided, however, that it
shall not be a violation of this section to feed fish or waterfowl in
the port of New York.
2. To discharge, or cause or permit to be discharged, into the port of
New York, from any ship, steamer or other vessel, any oil, oil refuse,
or other inflammable matter.
3. To discharge, or cause or permit to be discharged, any vessel waste
from any ship, steamer, or other vessel into the waters of any
no-discharge zone within the city of New York, or adjacent to the city
of New York within a distance of one thousand five hundred feet from
shore. For the purposes of this section, "vessel waste" shall mean
sewage, whether treated or untreated, from marine toilets.
b. Any person violating paragraph one or two of subdivision a of this
section shall be guilty of a misdemeanor, and upon conviction therefor
shall be punished by a fine of not more than two hundred fifty dollars
nor less than five dollars, or imprisonment for not more than six months
nor less than ten days, one-half of such fine to be paid to the person
giving information which shall lead to the conviction of the offender.
c. Any person violating paragraph one or two of subdivision a of this
section, which is not concurrently a violation of section 16-119 of this
code, shall be liable for a civil penalty of not less than one thousand
five hundred dollars nor more than ten thousand dollars for a first
violation, and not less than five thousand dollars nor more than twenty
thousand dollars for each subsequent violation of either paragraph. Such
penalties may be recovered in a civil action brought in the name of the
commissioner or in a proceeding before the environmental control board.
d. The owner or operator of a ship, steamer, or vessel operating for
commercial purposes, carrying passengers for hire, or serving primarily
as a residence that violates paragraph three of subdivision a of this
section shall be liable for a civil penalty of not less than five
hundred dollars nor more than one thousand dollars for a first
violation, and not less than one thousand five hundred dollars nor more
than five thousand dollars for each subsequent violation. The owner or
operator of any other vessel that violates paragraph three of
subdivision a of this section shall be liable for a civil penalty of not
more than five hundred dollars for a first violation, and not less than
five hundred dollars nor more than one thousand dollars for each
subsequent violation. All penalties set forth in this subdivision may be
recovered in a civil action brought in the name of the commissioner or
in a proceeding before the environmental control board.
e. The provisions of this section may also be enforced by the
commissioner of sanitation and the commissioner of environmental
protection.
Section 22-113
§ 22-113 Assignment of berths for vessels. a. Applications for berths
shall be filed as the commissioner shall direct and shall be considered
in the order of receipt. The commissioner shall have power:
1. To provide and assign suitable accommodations for all ships and
vessels, and to regulate them in the berths they are to occupy at wharf
property;
2. To remove from time to time such vessels not employed in receiving
or discharging cargoes, to make room for such others as require to be
more immediately accommodated for that purpose;
3. To determine as to the fact of such vessels being, fairly and in
good faith, employed in receiving and discharging cargoes;
4. To determine how far and in what instance the master, and others
having charge of ships and vessels, shall accommodate each other in
their respective situations.
b. Any master or other person, having charge of any vessel, canal
boat, barge or lighter, who shall refuse or neglect to move the same
when ordered to do so by the commissioner or other proper officer of the
department, or who shall resist or forcibly oppose such commissioner or
officer in the discharge of his or her duties, for every such offense,
shall forfeit and pay the sum of fifty dollars, to be recovered with
costs by and in the name of the department of ports and trade.
Section 22-114
§ 22-114 Erection of sheds and warehouses. The commissioner with the
approval of the board of estimate may erect and maintain within the
lines of and upon any marginal street, sheds, warehouses, coal pockets
and other buildings and structures devoted to commercial uses in
connection with the adjacent piers and bulkheads. The commissioner with
the approval of the board of estimate may authorize the lessee of any
marginal street to erect and maintain upon the premises so demised
sheds, warehouses, coal pockets or other buildings or structures devoted
to commercial uses in connection with the adjacent piers and bulkheads.
Section 22-115
§ 22-115 Removal of sweepings, ashes and garbage. The commissioner
shall dispose of all sweepings, ashes and garbage removed by him or her
in cleaning wharf property pursuant to subdivision b of section seven
hundred four of the charter. For that purpose the commissioner may use
concurrently with the department of sanitation, such dumping boards,
slips and piers as may be assigned to and set apart for the use of such
department.
Section 22-116
§ 22-116 Improvement of water front property; permit required. A
written permit shall be obtained from the commissioner before any
building, platform, sign, advertising device or any construction or
obstacle of any kind be placed or maintained, on water front property
owned by the city and under the charge and control of the department.
Such a permit shall also be required for erection of such structures or
the placing and maintenance of such devices on any other water front
property when used in conjunction with and in furtherance of water front
commerce and/or navigation. Such a permit shall also be required before
any piles shall be driven, or any filling-in or construction, repairs,
alterations, removal, dredging or demolitions of any kind be made on any
part of the water front, except as may be otherwise provided by the
charter or code of the city of New York.
Section 22-117
§ 22-117 Unauthorized construction and maintenance of structures on
water front property; penalty. Any owner, lessee, occupant or agent of
any water front property who shall place or permit the erection, placing
or maintaining of any structure referred to in section 22-116 of this
subchapter without a permit as required by such section, shall forfeit
and pay a penalty of one hundred dollars, in addition to all damages
resulting therefrom. There shall be a further penalty of twenty-five
dollars a day for each and every day such structure shall be maintained
after the expiration of the time specified for the removal thereof in
any notice served upon such owner, lessee or occupant or agent.
Section 22-118
§ 22-118 Construction of sheds; regulation by commissioner. a.
Whenever any person, shall be owner or lessee of any water front
property, wharf, pier, dock or bulkhead, and shall use it for the
purpose of regularly receiving and discharging cargo such owner or
lessee, with the consent of the lessor, may erect and maintain thereon,
sheds for the protection of property so received or discharged, provided
they shall have obtained from the commissioner, license or authority to
erect or maintain the same, subject to the conditions and restrictions
contained in such license or authority. Such license or authority, after
it has been granted and has been acted upon, shall not be revoked by
such commissioner without the consent in writing of the mayor and the
board of estimate. Notice shall be given to all parties having any
interest therein of a hearing before the board of estimate to consider
the application of the commissioner for the revocation of such license
or authority. Such notice shall be given by publication thereof for six
consecutive days in the City Record, not less than ten nor more than
thirty days before such hearing, and by posting, not less than ten nor
more than thirty days before such hearing, copies of such notice, in the
form of handbills, upon the shed or sheds erected or maintained pursuant
to such license or authority, or upon the water front property, wharf,
pier, dock or bulkhead upon which such shed or sheds shall have been
erected or maintained. Such sheds hereafter shall be constructed subject
to the regulations and under the authority of the commissioner. The
commissioner may build and maintain such sheds on any water front
property, wharf, pier, dock or bulkhead owned by the city and under the
charge and control of the department, and may lease the same; and any
lessee thereof shall have all the rights and privileges above granted.
b. Nothing in subdivision a of this section shall be construed to
authorize the erection or maintenance on any pier of any storehouse,
booths, shops or other structures than the sheds mentioned with the
proper doors and gates appertaining thereto. The commissioner may grant
a permit or license, however, upon such terms and conditions as he or
she may deem proper to the lessee of piers twelve, thirteen, fifteen,
and sixteen owned by the city in the borough of Staten Island, to
maintain a place for the keeping and care of goods, merchandise and
materials discharged from vessels, upon any floor of any such pier.
c. Nothing contained in subdivision b of this section shall be
construed as interfering in any respect with the government or
regulation of the Staten Island free port.
Section 22-119
§ 22-119 Commissioner may repair certain structures on privately-owned
water front property and deepen adjoining water. a. Where the owner of
any privately-owned water front property, wharf, pier, dock or bulkhead,
the structures wholly or partly thereon or such other structures used on
such water front property in conjunction with and in furtherance of
water front commerce and/or navigation fails to comply with an order of
the commissioner, made pursuant to section seven hundred four of the
charter, directing that repairs be made to such structures for the
purpose of keeping them in a proper condition for use, or fails to
comply with an order made pursuant to such section directing that the
water near or adjoining any privately-owned water front property be
deepened by excavating or removing the earth, mud, dirt or sand
therefrom in such places and at such times as the commissioner may
determine, such commissioner may himself or herself perform any or all
of such work.
b. The expense incurred by such deepening or repairs shall be a lien
or charge upon the property or premises benefited.
Section 22-120
§ 22-120 Commissioner may remove abandoned wharf structures. a.
Whenever any pier, bulkhead, platform or other wharf structure shall be
abandoned and constitute an obstruction to navigation, the commissioner
shall notify the owner of such property, if known to him or her, to
remove the same forthwith. If the owner is unknown, or is not within the
city, or shall fail to comply with such notice, the commissioner shall
cause such obstruction to be removed. The expense of such removal shall
be recoverable by action from the owner and shall be a lien on the
property so removed until paid.
b. If such property is unclaimed within thirty days after removal, the
commissioner shall advertise the same for sale, at public auction to the
highest bidder, in the City Record for six days. The proceeds of each
such sale shall be paid into the general fund.
Section 22-121
§ 22-121 Maintenance of a drift- and debris-free harbor. a. As used in
this section the following terms shall have the following meanings:
1. "Debris" means any substance or material, whether on land or water,
which is capable of becoming drift.
2. "Drift" means any substance or material, floatable or otherwise,
which may cause damage to any vessel or craft or which may otherwise
obstruct, impede or endanger the navigable capacity of the navigable
waters of the city or cause any other condition hazardous to the life or
safety of persons using such waters, including but not limited to piles,
lumber, timber, driftwood, dirt, ashes, cinders, mud, sand, dredged
materials, or refuse of any kind.
3. "Navigable waters" means the waterways which are capable of
carrying commerce, and the tributaries thereto, within the geographical
limits of the city.
4. "Owner" means a person having title to any premises or structure; a
tenant, lessee or occupant; a mortgagee or vendee in possession; a
trustee in bankruptcy; a receiver or any other person having legal
ownership or control of any premises or structure.
5. "Premises" means any land or land under water and improvements or
appurtenances or any part thereof including but not limited to any
structure.
6. "Structure" means anything built or constructed including but not
limited to a building, wharf, pier, dolphin, boom, weir, breakwater,
bulkhead, jetty, derelict vessel, ship, barge, raft or floating craft of
any kind.
b. Whenever the commissioner determines that material of any kind
placed or deposited on any premises located on or along the shores or
banks of any navigable water may be or become a source of drift or
debris liable to be washed into such navigable water by any cause
whatsoever or that because of the deteriorated or deteriorating
condition of any premises or structure located on or along the banks or
shores of any navigable water such premises or structure may be or
become a source of drift or debris liable to be washed into such water
by any cause whatsoever and thereby cause damage to vessels or craft or
otherwise obstruct, impede or endanger the navigable capacity of such
water or cause any other condition hazardous to the life or safety of
persons using such water, the commissioner may declare the same to be a
public nuisance and order the owner of such premises or structure to
remove, repair, reconstruct, alter or abate it as such order shall
specify. It shall be the duty of an owner upon whom such an order has
been served to remove, repair, reconstruct, alter or abate such public
nuisance in the manner and in the time provided by such order.
c. 1. An order of the commissioner issued pursuant to subdivision b of
this section shall specify the work to be performed and shall fix a
reasonable time for compliance but not less than thirty days from the
date of service of such order. Such order shall contain a statement that
upon the failure of the owner to comply with the commissioner's order
within the stated time, the department may perform the work specified in
the order or apply for a court order directing the owner to comply with
the commissioner's order or directing the department to perform the work
specified in the commissioner's order. Such statement shall also
indicate that if the department performs any of the work specified in
the commissioner's order, the expense incurred by the department in
performing such work shall be a debt recoverable from the owner and a
lien on the premises with respect to which such order was issued.
2. Service of such order shall be made upon the owner personally or by
certified mail addressed to the last known address of such person or in
any manner provided for service of process by article three of the civil
practice law and rules. The commisssioner may serve a copy of such order
on any mortgagee or lienor of record in the same manner.
3. A copy of such order shall be filed with the office of the register
in the county in which the premises with respect to which such order was
issued are situated.
4. Within thirty days after service of such order upon an owner, such
owner or a mortgagee or lienor upon whom a copy of such order has been
served may request a hearing. At such hearing such person shall be
entitled to be represented by counsel and to present evidence. The
commissioner may affirm, modify or revoke the order.
d. If the owner fails to comply with the commissioner's order within
the time fixed for compliance pursuant to subdivision c of this section,
the department may perform the work specified in the order.
e. As an alternative to the remedy set forth in subdivision d of this
section, if an owner fails to comply with the commissioner's order
within the time fixed for compliance pursuant to subdivision c of this
section, the commissioner may apply to any court of competent
jurisdiction, upon such notice and in such manner as the court shall
direct, for an order directing the owner to comply with the
commissioner's order or directing the department to perform the work
specified in the commissioner's order.
f. The procedures set forth in subdivisions c, d and e shall not apply
to the abatement of a nuisance with respect to any structure not affixed
to real property, including but not limited to any derelict vessel,
ship, barge, raft or floating craft of any kind. The commissioner shall
provide for the abatement of a nuisance with respect to such structures
pursuant to the procedures set forth in sections 22-109, 22-110 and
22-111 of this subchapter.
g. 1. The expense of the department with respect to any work performed
by or on behalf of the department pursuant to subdivisions d and e of
this section shall be a debt recoverable from the owner and a lien upon
the premises with respect to which such work was performed.
2. The department shall keep a record of all work performed by or on
behalf of the department. Such records shall be accessible to the public
during business hours. Within thirty days after the issuance of a
purchase or work order for such work, such order shall be entered on the
records of the department. Such entry shall constitute notice to all
parties.
3. All such expenses shall constitute a lien upon the premises when
the amount thereof shall have been definitely computed as a statement of
account by the department and the department shall cause to be filed in
the office of the city collector an entry of the account stated in the
book in which such charges against the premises are to be entered. Such
lien shall have a priority over all other liens and encumbrances on the
premises except for the lien of taxes and assessments. However, no lien
created pursuant to this section shall be enforced against a subsequent
purchaser in good faith or mortgagee in good faith unless such
transaction occurred after the date of entry of a purchase or work order
on the records of the department pursuant to paragraph two of this
subdivision.
4. 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. Such notice shall have stamped or printed thereon a reference to
this section.
5. If such charge is not paid within thirty days from the date of
entry, it shall be the duty of the city collector to receive interest
thereon at the rate of interest applicable to such property for a
delinquent tax on real property to be calculated to the date of payment
from the date of entry.
6. Such charge and the interest thereon shall continue to be, until
paid, a lien on the premises. Such charge and interest may be collected
and the lien thereof may be foreclosed in the manner provided by law for
the collection and foreclosure 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 charges and
the interest thereon and the lien thereof.
7. (1) In any proceedings to enforce or discharge the lien, the
validity of the lien shall not be subject to challenge based on (i) the
lawfulness of the work done; or (ii) the propriety and accuracy of the
items of expenses for which a lien is claimed, except as provided in
this paragraph.
(2) No such challenge may be made except by (a) the owner of the
property, or (b) a mortgagee or lienor whose mortgage or lien would but
for the provisions of this section have priority over the department's
lien.
(3) An issue specified in subparagraph one which was decided or could
have been contested in a prior court proceeding to secure a court order
pursuant to subdivision e of this section shall not be open to
re-examination, but if any mortgagee or lienor of record was not served
with an order of the commissioner pursuant to paragraph two of
subdivision c and with notice of such proceeding, his or her mortgage or
lien shall have the same priority over the lien of the department that
it would have had but for the provisions of this section.
8. In addition to establishing a lien, the department may recover such
expenses and interest by bringing an action against the owner. The
institution of such action shall not suspend or bar the right to pursue
any other remedy provided by law for the recovery of such debt.
Section 22-122
§ 22-122 Floating drydocks lawful. It shall be lawful for floating
drydocks to be used, with the consent of the owners of the wharf
property, occupied for such use, or of the persons entitled to collect
wharfage thereon, for the purpose of taking up ships or vessels for
repair, coppering or finishing.
Section 22-123
§ 22-123 Asphalt pavement on marginal streets; applications to open.
Applications to open asphalt pavement under the control of the
commissioner must be made to the commissioner and shall be subject to
such rules and regulations as he or she shall establish pursuant to
section seven hundred four of the charter.
Section 22-124
§ 22-124 Covenants to maintain marginal streets; water front covenants
generally; release of. a. The owner of any lands in the city of New York
formerly under water but now filled in and having streets physically
laid out thereover or adjacent thereto, heretofore granted by the mayor,
aldermen and commonalty of the city of New York, or by the city of New
York, by a grant containing covenants or conditions requiring the
maintenance of such streets, and otherwise, may file with the secretary
of the board of estimate an application in writing for a release from
such covenants and conditions setting forth a description of such lands,
the ownership thereof, the number of feet fronting on the street and the
width of such street together with a statement enumerating all of such
convenants and conditions relating to such lands. Such application shall
contain a statement that all covenants and conditions contained in such
grant have been complied with except the covenant or condition for
future maintenance of such street. Such secretary, upon payment by the
applicant of a fee of fifty dollars to cover the expenses incident to
investigating the truth of the statements contained in such application,
shall make due inquiry and, if such statements are in fact true, shall
present to such board a report and certificate as to the authenticity of
the facts set forth in such application. Such board may thereafter adopt
a resolution approving of the report of such secretary. If such report
is approved by such board, such owner may obtain from the comptroller a
release of all covenants and conditions contained in such grant insofar
as such convenants and conditions affect the lands of the applicant,
upon payment to the commissioner of finance of a sum equal to twenty
dollars per front foot of such property based on a street sixty feet in
width, or of a proportional sum based on streets having a greater or
less width, and upon receipt of such sum, such comptroller for and on
behalf of the city, shall issue to such owner a certificate evidencing
such release, the same to be in form for recording. Such certificate
shall be approved as to form by the corporation counsel and may be
recorded in the same manner and in the same recording office as a deed
of real property. After such release, with respect to any parcel, such
city shall keep in repair or cause to be kept in repair the roadway
portion of such street on which the parcel abuts.
b. In the event that any such convenants or conditions, other than
those requiring the maintenance of streets, have not been performed in
whole or in part, a special application for a release from such
covenants or conditions, on a form to be prescribed by the board of
estimate, may be made by such owner to such board. Such application
shall set forth a description of such land by metes and bounds, or by
street and number, the dimensions of such land, a statement enumerating
all the covenants and conditions relating to such land, or, in lieu
thereof, a copy of the grant of such land, or other instrument,
containing all such covenants and conditions and a statement of the
particular covenants or conditions, specifying them, for the release
from which the application is made, and such other information as such
board may deem necessary or appropriate. Such board, upon payment of a
fee of fifty dollars, shall cause an investigation to be made concerning
the statement contained in such application. If satisfied from such
investigation that the interests of the city will not be prejudiced
thereby, such board, by resolution may authorize the comptroller to
issue to such owner a release from such covenants and conditions for a
sum of money to be agreed upon by and between such board and such owner.
Upon receipt of such sum, such comptroller shall, for and on behalf of
the city, issue to such owner a certificate evidencing such release.
Such certificate shall be approved as to form by the corporation counsel
and may be recorded in the office of the commissioner of transportation
and in the same manner and in the same recording office as a deed of
real property.
Section 22-125
§ 22-125 Wharf property; lease; period. Any lease of wharf property
belonging to the city shall be for a term not exceeding fifty years, and
may include covenants for renewal or renewals at advanced rents of such
lease for terms not exceeding ten years each but not exceeding in the
aggregate ninety-nine years.
Section 22-126
§ 22-126 Recreation piers. The commissioner may designate and set
aside, as wholly free to the inhabitants of the city, the upper story of
certain piers for the purpose of affording such inhabitants opportunity
for healthful recreation. The commissioner may construct or rebuild such
piers so as to provide such upper story or platform and approaches
thereto.
Section 22-127
§ 22-127 Application of private wharf property to a particular use.
The commissioner may designate any wharf property which the owners
thereof may apply to have set apart for the sole use of special kinds of
commerce, or of steamboats, or of any other class or description of
ships, or vessels, and may prohibit any ship, steamboat, or any other
vessel or water craft whatever from entering or lying, mooring or
anchoring at or within any such wharf property, except such as may be
designated for their use.
Section 22-128
§ 22-128 Leasing of wharf property set aside for general and special
purposes; contents of publication prior to public hearing. Publication
of notice of a public hearing to lease wharf property described in
subdivision a of section seven hundred four of the charter, in addition
to such information as the commissioner may deem proper, shall contain
the following:
1. The name and address, by street and number, of the proposed
lessees.
2. A description of the property.
3. The proposed rental.
4. The proposed terms.
5. Whether the lessee is to have any special privilege under the
lease, such as to erect and maintain a shed, ice bridge, or any
privilege other than the right to collect cranage and wharfage.
6. A statement by the board of estimate of the date, time and place of
such public hearing.
7. A copy of the recommendation of the commissioner to such board in
relation to the proposed lease. Such proposed lease shall be open to
inspection by any citizen at the office of the board of estimate at all
times during business hours from the beginning of publication until the
day of such hearing.
Section 22-129
§ 22-129 Rates to be printed in wharfage bills. a. All persons owning
or having charge of any wharf property shall cause to be printed on the
back of all bills presented by them for wharfage, cranage and dockage
the provisions of subdivision j of section seven hundred four of the
charter and the schedule of rates fixed pursuant thereto.
b. The owner, consignee, or person in charge of any vessel may refuse
to pay the wharfage, cranage or dockage due on such vessel unless, upon
his or her demand, a bill is presented to him or her printed in
conformity with this section. Any person, owning or having charge of any
wharf property who shall receive for wharfage, cranage or dockage any
rates in excess of those authorized in such schedule of rates shall
forfeit to the party aggrieved treble the amount so charged as damages,
to be sued for and recovered by the party aggrieved.
Section 22-130
§ 22-130 Seal; description; legal effect. a. The commissioner may
direct the use of the seal of the department. Such seal shall be a
device of the arms of the city of New York surrounded by the words,
"Department of Ports and Trade. The City of New York," engraved upon a
metal disc two and one-quarter inches in diameter, and the same may be
renewed whenever necessary. An impression of such seal made directly on
paper shall be as valid as if made on a wafer or on wax.
b. Every lease, contract or other instrument, executed in pursuance of
authority conferred on such commissioner by law, and sealed with such
seal, attested and proved according to law by the secretary appointed by
such commissioner, shall be received in evidence, and may be recorded in
the proper recording offices in the same manner and with the like effect
as if sealed with the seal of the corporation of the city of New York,
attested and approved by the clerk thereof.
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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