New York City Council Header
File #: Int 1177-2018    Version: * Name: Requesting access to adjoining property for a construction or demolition project.
Type: Introduction Status: Committee
Committee: Committee on Housing and Buildings
On agenda: 10/31/2018
Enactment date: Law number:
Title: A Local Law to amend the New York city building code, in relation to requesting access to adjoining property for a construction or demolition project
Sponsors: Alicka Ampry-Samuel
Council Member Sponsors: 1
Summary: This bill would require that, when access to adjoining property is required for a construction or demolition project, a request for access must be delivered to the adjoining property owner by certified mail, and a copy of the request for access and proof of delivery must be retained on the building site for inspection. In addition, the request must notify the adjoining property owner that he or she has the right to retain counsel to review the request.
Attachments: 1. Summary of Int. No. 1177, 2. Int. No. 1177, 3. October 31, 2018 - Stated Meeting Agenda with Links to Files

Int. No. 1177

 

By Council Member Ampry-Samuel

 

A Local Law to amend the New York city building code, in relation to requesting access to adjoining property for a construction or demolition project

 

Be it enacted by the Council as follows:

Section 1. Section 3309.1.1 of the New York city building code, as amended by local law number 141 for the year 2013, is amended to read as follows:

3309.1.1 [Notification]Request for access. Where a construction or demolition project will require access to adjoining property in accordance with this section, a written [notification] request for access shall be [provided] sent by certified mail, return receipt requested, to the adjoining property owner at least 60 calendar days prior to the commencement of work. Such [notification] request shall describe the nature of work, estimated schedule and duration, details of inspections or monitoring to be performed on the adjoining property, protection to be installed on the adjoining property, and contact information for the project and shall notify the adjoining property owner that the adjoining property owner has the right to retain counsel to review the request. Where no response is received, a second written [notification] request shall be [made] sent by certified mail, return receipt requested, no more than 45 calendar days, and not less than 30 calendar days, prior to the commencement of work. A copy of each request and proof of delivery of such request must be retained on the building site and made available for inspection by the department.

 

§ 2. This local law takes effect 90 days after it becomes law.

 

 

 

 

NAB

LS #8169

10/5/18