Article 503 - NUISANCE ABATEMENT FOR ILLEGAL SIGNS

Section 28-503.1

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

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

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

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

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

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

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

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

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

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

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

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.