File #: Int 0975-2015    Version: Name: Fines and civil penalties for failure to remove abandoned poles.
Type: Introduction Status: Enacted
Committee: Committee on Transportation
On agenda: 10/29/2015
Enactment date: 3/18/2017 Law number: 2017/029
Title: A Local Law to amend the administrative code of the city of New York, in relation to fines and civil penalties for failure to remove abandoned poles
Sponsors: Alan N. Maisel, Deborah L. Rose, Robert E. Cornegy, Jr., Rafael Salamanca, Jr., Peter A. Koo, Ben Kallos
Council Member Sponsors: 6
Summary: Currently, the Administrative Code requires the removal of disused, abandoned, or damaged utility poles. The penalty for violation is a fine of $250 to $500 and/or imprisonment of up to 10 days. The bill would raise the fine for failure to remove a utility pole when required to $350 to $750 and provide that a person in violation may also be subject to civil penalties of $100 per day that they are in violation of the Code.
Attachments: 1. Legislative History Report, 2. Summary of Int. No. 975-A, 3. Summary of Int. No. 975, 4. Int. No. 975 - 10/29/15, 5. October 29, 2015 - Stated Meeting Agenda with Links to Files, 6. Committee Report 1/26/17, 7. Hearing Testimony 1/26/17, 8. Hearing Transcript 1/26/17, 9. Committee Report 2/13/17, 10. Hearing Transcript 2/13/17, 11. Committee Report - Stated Meeting, 12. February 15, 2017 - Stated Meeting Agenda with Links to Files, 13. Fiscal Impact Statement, 14. Int. No. 975-A (FINAL), 15. Hearing Transcript - Stated Meeting 2-15-17, 16. Minutes of the Stated Meeting - February 15, 2017, 17. Mayor's Letter, 18. Local Law 29
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
3/18/2017AAlan N. Maisel Administration City Charter Rule Adopted  Action details Meeting details Not available
2/15/2017AAlan N. Maisel City Council Sent to Mayor by Council  Action details Meeting details Not available
2/15/2017AAlan N. Maisel City Council Approved by CouncilPass Action details Meeting details Not available
2/13/2017*Alan N. Maisel Committee on Transportation Hearing Held by Committee  Action details Meeting details Not available
2/13/2017*Alan N. Maisel Committee on Transportation Amendment Proposed by Comm  Action details Meeting details Not available
2/13/2017*Alan N. Maisel Committee on Transportation Amended by Committee  Action details Meeting details Not available
2/13/2017AAlan N. Maisel Committee on Transportation Approved by CommitteePass Action details Meeting details Not available
1/26/2017*Alan N. Maisel Committee on Public Safety Laid Over by Committee  Action details Meeting details Not available
1/26/2017*Alan N. Maisel Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
1/26/2017*Alan N. Maisel Committee on Transportation Laid Over by Committee  Action details Meeting details Not available
1/26/2017*Alan N. Maisel Committee on Transportation Hearing Held by Committee  Action details Meeting details Not available
10/29/2015*Alan N. Maisel City Council Referred to Comm by Council  Action details Meeting details Not available
10/29/2015*Alan N. Maisel City Council Introduced by Council  Action details Meeting details Not available

Int. No. 975-A

 

By Council Members Maisel, Rose, Cornegy, Salamanca, Koo and Kallos

 

A Local Law to amend the administrative code of the city of New York, in relation to fines and civil penalties for failure to remove abandoned poles

 

Be it enacted by the Council as follows:

                     Section 1.  Subdivision b of section 24-411 of the administrative code of the city of New York is amended to read as follows:

                     b. The persons owning, operating, managing or controlling poles, wires or appurtenances which may have been so disused or abandoned, or which may be dangerous or unsafe, shall take down and remove them, and upon their failure to do so, the commissioner of [design and construction, in accordance with chapter fifty-five of the charter, unless otherwise directed by the mayor pursuant to such chapter,] transportation shall remove the same forthwith, at the expense of such persons. Before such removal, the commissioner of transportation [or the commissioner of design and construction], except where a condition of danger exists, shall mail a notice thereof to the last known address of such persons, a copy of which shall be posted for a period of ten days on each of such poles prior to its removal.                     

                     § 2. Subdivision c of section 24-411 of the administrative code of the city of New York is amended to read as follows:

                     c. Any person convicted of a violation of any of the provisions of this section shall be punished by a fine of not less than [two hundred fifty] $350 nor more than [five hundred] $750 dollars, imprisonment for not more than ten days, or both. In addition to or as an alternative to such penalty, such person shall also be subject to a civil penalty of no less than nor more than $100 per day such person is in violation of any provision of this section.  Such civil penalties shall be imposed in the manner set forth in section 19-150.                  

                      § 3.  This local law takes effect 120 days after its enactment.                     

 

KET 2/7/17 6:48PM

LS 3740/2014