Int. No. 41
By Council Members Liu, Oddo, Nelson, Avella, Baez, Comrie, DeBlasio, Felder, Fidler, Gennaro, Jackson, Katz, Lopez, Martinez, Perkins, Reyna, Rivera, Seabrook, Stewart, Vallone Jr., Gallagher and Lanza; also Council Members Addabbo Jr. and Recchia Jr.
A Local Law to amend the administrative code of the city of New York, in relation to obligating the City to perform repairs upon sidewalks damaged by City-owned trees, fire hydrants, parking meters, emergency call boxes or other such public amenities.
Be it enacted by the Council as follows:
Section 1. Section 19-152 of the administrative code of the city of New York, as amended by local law number 64 for the year 1995, is amended by adding thereto a new subdivision o to read as follows:
o. Notwithstanding any inconsistent provision of this section, the city of New York, and not the immediately adjacent property owner, shall be required, at its own expense, to reinstall, reconstruct, repave or repair an existing sidewalk flag at legal grade when such property owner submits proof satisfactory to the department that:
(i) (a) the sidewalk flag sustained damage as a result of a city capital construction project for street or sewer reconstruction; or
(b) the sidewalk flag sustained damage from the installation, operation, maintenance, repair or removal of a fire hydrant, parking meter, emergency call box, or other such public amenity or from the growth of the roots of one or more trees under the exclusive care of the commissioner of parks and recreation; and
(ii) the owner notified the department of the damage to the sidewalk in accordance with the rules of the department.
§2 This local law shall take effect immediately after it is enacted into law.