Section 28-503.1
§28-503.1 General. A sign with a surface area greater than 200 square
feet (19 m{2}) that is erected, maintained, attached, affixed, painted
on, or in any other manner represented on a building or premises in
violation of the zoning resolution, this code, the 1968 building code or
rules adopted pursuant thereto is hereby declared to be a public
nuisance. The commissioner may, after notice and hearing, order the
removal of such illegal sign or its sign structure or both, as
hereinafter provided.
Section 28-503.10
§28-503.10 Definitions. For the purposes of this article the terms
"sign" and "surface area," in reference to a sign, shall be as defined
under section 12-10 of the zoning resolution.
Section 28-503.11
§28-503.11 Review of order. An order of the commissioner issued
pursuant to this article shall be a final determination of the
commissioner for purposes of review pursuant to article seventy-eight of
the civil practice law and rules. Notwithstanding any inconsistent
provision of paragraph (a) of subdivision six of section six hundred
sixty-six of the New York city charter, such order shall not be subject
to review by the board of standards and appeals.
Section 28-503.2
§28-503.2 Notice. The commissioner shall serve a notice of hearing
with regard to the proposed nuisance abatement on the owner and
mortgagee of record of the building or premises and other persons having
a recorded interest in the property in the manner provided in article
212 of chapter 2 of this title for the service of an order of closure.
If the sign is under the control of an outdoor advertising company and
an address for such company is reasonably ascertainable, the notice
shall also be served on such outdoor advertising company by mail to the
last known address for such company or, if such company is registered in
accordance with section 28-502.2, at the address provided to the
department by the registrant.
Section 28-503.3
§28-503.3 Hearing. The office of administrative trials and hearings
shall conduct the hearing. The administrative law judge assigned to hear
the matter shall submit his or her proposed findings of fact and
recommended disposition to the commissioner. If based on such
recommended disposition, proposed findings of fact and the record of the
hearing the commissioner determines (i) that the sign has a surface area
greater than 200 square feet (19 m{2}) and, (ii) that the sign has been
erected, maintained, attached, affixed, painted on, or in any other
manner represented on the building or premises in violation of the
zoning resolution, this code, the 1968 building code or rules adopted
pursuant thereto, he or she may order the removal of the illegal sign or
its sign structure or both.
Section 28-503.3.1
§28-503.3.1 Lack of knowledge no defense. At such hearing it shall not
be a defense that an owner or other person having an interest in the
property lacked knowledge of or did not participate in the erection or
maintenance of the illegal sign.
Section 28-503.4
§28-503.4 Posting of order. The commissioner's order of removal shall
be posted, mailed and filed in the manner provided in this code for an
order of closure.
Section 28-503.5
§28-503.5 Enforcement of order. On or after the tenth business day
after the posting of such order and upon the written directive of the
commissioner, police officers and authorized representatives of the
department shall act upon and enforce such order by removing, covering,
painting over or otherwise rendering ineffective the illegal sign or its
sign structure or both. Such work shall at all times be performed by a
licensed sign hanger where required by law. Nothing in this article
shall be construed to prohibit an owner or other person having an
interest in the property from removing, or causing the removal of an
illegal sign or its sign structure prior to the arrival of such
enforcement officers. On and after the posting of such removal order, no
further permits for signs shall be issued for such building or premises
pursuant to this code and, if the sign structure is not removed, no
further display shall be exhibited on such sign structure unless and
until the commissioner rescinds such order.
Section 28-503.6
§28-503.6 Rescission of order. The commissioner may rescind the order
if the owner or other person having an interest in the building or
premises provides assurance in a form satisfactory to the commissioner
that all signs erected or maintained at such building or premises will
be in compliance with the zoning resolution, this code, the 1968
building code or rules adopted pursuant to such provisions. If such
order is rescinded, the commissioner shall, upon request of such owner,
mortgagee or other person, provide a certified copy of such rescission
which may be filed with the county clerk or register of the county in
which such building or premises is located.
Section 28-503.7
§28-503.7 Costs. The costs and expenses for painting over, covering,
rendering ineffective or for the removal and storage of such sign and
its sign structure may be recovered from the owner of the premises or,
if the illegal sign is under the control of an outdoor advertising
company and notice was served on such company in accordance with this
article, from such outdoor advertising company. Such amounts may be
recovered by the city in an action or proceeding in any court of
appropriate jurisdiction and, with respect to amounts owed by an outdoor
advertising company, by drawing upon any bond posted or other security
provided by such company pursuant to section 28-502.2. Nothing in this
article shall be construed to limit the ability of an owner to seek
recovery of such costs and expenses from any other party.
Section 28-503.8
§28-503.8 Lien. In addition, such costs and expenses shall constitute
a lien on the land and building on which the sign was located which may
be entered and enforced pursuant to the provisions of this code in the
same manner as an unpaid fee.
Section 28-503.9
§28-503.9 Storage and disposal. The commissioner shall adopt rules to
provide for the storage and disposal of any sign or sign structure
removed pursuant to this article. If the identity and address of the
owner of such property is reasonably ascertainable, notice of the
removal shall be sent to the owner within a reasonable period of time
after the removal. If such property is not claimed within thirty days
after its removal, it shall be deemed to be abandoned and may be sold at
a public auction after having been advertised in the City Record and the
proceeds paid into the general fund or if the commissioner determines
that the property is not saleable, he or she may turn over such property
to the department of sanitation for disposal. Property removed pursuant
to this article 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.