Int. No. 620
By Council Members Gentile, Recchia Jr., Brewer, Fidler, James, Liu, Sanders Jr., Weprin, Gonzalez, Reyna, Stewart, de Blasio, Avella, Seabrook, Garodnick and Oddo
A Local Law to amend the administrative code of the city of New York, in relation to requiring the illegally created curb cuts to be restored, making those who maintain illegally created curb cuts liable for penalties, requiring the department of transportation to restore illegally created curb cuts and providing for the reimbursement to the department for the cost for such work.
Be it enacted by the Council as follows:
Section 1. Section 19-147 of the administrative code of the city of New York is amended by adding a new subdivision h to read as follows:
h. Curb cuts. If a curb cut is created without a permit from the department, without a permit from the department of buildings, or in violation of the zoning resolution, the commissioner shall order the owner or owners of the property benefited by such curb cut to correct the violation by either restoring the curb to its proper condition or by obtaining the proper work permits and final sign-off from the department of transportation and the department of buildings within thirty days. Failure to correct the violation of a curb pursuant to an order of the commissioner within the time designated therein shall be a continuing violation until such time as the curb is corrected to the satisfaction of the commissioner. If such violation is not corrected to the satisfaction of the commissioner within ninety days from the issuance of an order to correct, the commissioner shall restore the curb to its proper condition and the owner or owners of the property benefited by such curb cut shall be liable for the cost and expense of the restoration.
§2. This local law shall take effect sixty days from its enactment.
JTB
LS#2571/ LS#2572
4/23/07