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a. The department or such entity as the commissioner delegates, shall:
1. assist organizations such as local not-for-profit organizations, civic organizations and community groups to establish registries of volunteers willing to help remove snow on behalf of persons who have difficulty fulfilling their obligations under section 16-123 of this chapter due to infirmity, illness or physical incapacity;
2. assist such organizations with volunteer recruitment efforts; and
3. assist such organizations in their efforts to inform the public about how to request assistance from the volunteers in their registries.
b. The provisions of this section shall not alter the obligations of any persons under section 16-123 of this chapter.
c. Notwithstanding the provisions of subdivision a of this section, snow removal volunteers shall not be considered employees or volunteers of the city and the city does not guarantee or warranty any of the work performed by snow removal volunteers, nor shall the city indemnify snow removal volunteers for any claims, damages, losses, and expenses arising out of or resulting from any act, conduct, omission, negligence, misconduct or unlawful act performed pursuant to this section.
(a) No final solid waste management plan for the city shall be submitted pursuant to article twenty-seven of the environmental conservation law unless such submission has been authorized by the council by local law, except as provided in subdivisions c, d and e of this section.
(b) A draft solid waste management plan for the city which is to be submitted pursuant to article twenty-seven of the environmental conservation law shall be presented to the council at or before the time of such submission, but in no event later than the thirty-first day of March, nineteen hundred ninety-two. Any comments by the New York State department of environmental conservation shall be transmitted to the council immediately upon their receipt.
(c) A proposed final solid waste management plan shall be presented to the council within forty-five days after the receipt of comments by the New York State department of environmental conservation but in no event later than the twenty-sixth day of June, nineteen hundred ninety-two. The council shall, not later than the thirty-first day of August, nineteen hundred ninety-two, pass a local law which either grants or denies the authority for the submission of a proposed final solid waste management plan for the city.
(d) Notwithstanding the provisions of subdivision c of this section, in the event that on or before the tenth day of July, nineteen hundred ninety-two, the council passes a local law which denies the authority for the submission of a proposed final solid waste management plan for the city pursuant to article twenty-seven of the environmental conservation law and the mayor disapproves such law, such proposed plan shall not be submitted until either two-thirds of all the members of the council have voted whether to repass such local law, or the period within which such repassing may occur has expired, pursuant to section thirty-seven of the charter. In the event that such local law is repassed by a two-thirds vote of all the members of the council, such proposed plan shall not be submitted.
(e) Notwithstanding the provisions of subdivisions a and c of this section, in the event the council does not act in accordance with subdivision c of this section, such proposed final solid waste management plan may be submitted pursuant to article twenty-seven of the environmental conservation law.
a. Notwithstanding any inconsistent provision of law, the civil penalties for the violation of the prohibition against urination set forth section 1-04(k) of title 56 of the rules of the city of New York, or any successor rule of the department of parks and recreation that prohibits public urination, shall be no greater than the civil penalties established in paragraph b of subdivision 9 of section 16-118 of the code.
b. Notwithstanding any inconsistent provision of law, the civil penalties for the violation of the first two sentences of section 1-04(c)(1) of title 56 of the rules of the city of New York, or any successor rules of the department of parks and recreation that prohibit littering and require the use of receptacles for refuse disposal, shall be no greater than the civil penalties established in paragraph c of subdivision 9 of section 16-118 of the code.
(L.L. 2016/075, 6/13/2016, eff. 8/12/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/075.
a. For the purposes of this section, the term "covered person" means any owner, lessee, tenant or occupant of a one-, two- or three-family residential building or of a premises or lot that contained such a building immediately preceding a natural or man-made disaster.
b. It shall be an affirmative defense to a violation of subdivision two of section 16-118 for any covered person that:
1. A natural or man-made disaster, as determined by the commissioner, occurred within the prior 30 days preceding issuance of such violation and such building or premises is within the area affected by such disaster; or
2. The covered person was displaced by such disaster and such building or premises was undergoing or scheduled for work or acquisition through a city-operated disaster recovery program responding to such disaster.
c. It shall be an affirmative defense to a violation of subdivisions a or b of section 16-123 for any covered person who is displaced by a natural or man-made disaster, as determined by the commissioner, that such building or lot was undergoing or scheduled for work or acquisition by a city-operated disaster recovery program responding to such disaster.
d. The commissioner may establish by rule an affirmative defense, in addition to those enumerated in subdivisions b and c of this section, to any requirement of this chapter for any covered person that in the commissioner's determination cannot reasonably comply with such requirement due to (i) the direct effects of a natural or man-made disaster or (ii) a displacement caused by such disaster or the recovery therefrom.
(L.L. 2016/059, 5/10/2016, eff. 8/8/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/059.
a. Definitions. For purposes of this section, the term "corrective action request" or "CAR" means a formal notice by the department that a condition is in violation of this title and that a request is being made for action to be taken by the respondent to whom such notice is addressed to correct the condition so described.
b. No later than October 1, 2021, the commissioner shall create a program for the issuance of corrective action requests for certain first-time violations of this title.
c. Corrective action request.
1. The corrective action request shall provide notice of the nature of the violation and that the law authorizes civil penalties for such violation.
2. The department shall issue a corrective action request to a person in lieu of a notice of violation for a condition that would violate, for the first time, the following sections of this chapter:
(a) Paragraphs (1), (2), (4) and (5) of subdivision b of section 10-169;
(b) Subdivision b of section 16-116; and
(c) Subdivision g of section 16-308.
3. A corrective action request may be served by either of the following means:
(a) Personal service; or
(b) Service in accordance with clause (ii) of subparagraph (a) of paragraph 2 of subdivision d of section 1049-a of the charter of the city of New York. Notwithstanding any inconsistent provision of law, service pursuant to this subparagraph shall be complete on the date a copy of the corrective action request is mailed to the respondent.
4. Any corrective action requested by a corrective action request shall be performed within 30 days of service of such request pursuant to paragraph 3 of this subdivision, unless issuance of such corrective action request is protested as provided herein.
5. Within 14 days after the date of service of the corrective action request pursuant to paragraph 3 of this subdivision, unless a different time is specified on such request, the respondent may protest the issuance of such request in the manner described on such request.
6. Protests shall be reviewed by the department and a final determination of the protest shall be made within a reasonable period of time.
d. On or before July 1, 2022, the commissioner shall report to the speaker of the council and the mayor about the program established pursuant to this section. Such report shall include, but not be limited to, the following information:
1. The number of corrective action requests issued and the resolution of such requests;
2. The number of notices of violations issued for the violations described in paragraph 2 of subdivision c.
3. The impact of the program on operations of the department, street cleanliness, and quality of life; and
4. Any recommendations for improvement of such program.
(L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.
a. Definitions. For purposes of this section, the term “citywide-generated recyclable waste” means all recyclable materials, as defined in section 16-303, collected within the city by the department and by entities licensed to collect trade waste pursuant to title 16-A.
b. Diversion of citywide-generated recyclable waste. The department shall establish a goal of diverting citywide-generated recyclable waste by 100 percent by calendar year 2030 from landfills or incinerators.
c. If the department determines that the citywide-generated recyclable waste diversion goal established pursuant to subdivision b of this section is not feasible despite the best efforts of city government, the department shall report such findings and make recommendations with respect to policies, programs, and actions that may be undertaken to achieve such diversion, as part of the department's annual zero waste report required pursuant to subdivision b of section 16-316.5.
(L.L. 2023/086, 7/9/2023, eff. 7/9/2023)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Severe weather. The term “severe weather” includes but is not limited to rain, sleet, ice, snow, and wind, or any combination thereof that causes widespread tree damage.
Street. The term “street” has the same meaning as in section 16-460.
Tree. The term “tree” has the same meaning as in section 18-103.
Vegetation. The term “vegetation” has the same meaning as in section 18-103.
b. The department shall assist the department of parks and recreation in removing tree limbs, branches, and vegetation fallen from trees under the jurisdiction of the department of parks and recreation that obstruct streets after severe weather. Such removals may be conducted after the department of sanitation receives notice of such fallen tree limbs, branches, or vegetation by the department discovering the fallen tree limbs, branches, or vegetation, through the 311 customer service center, or through referral from the department of parks and recreation. Such assistance shall not take precedence over the department’s core duties. Such removals shall take place within 10 days of the department receiving such notice, except that such removals need not take place within 10 days if a state of emergency has been declared by the mayor, the governor of the state of New York, or by the president of the United States.
c. The department is not responsible for removing downed trees or vegetation, or any portion thereof, if such removal requires specialized equipment such as cutting tools, ropes, aerial lifts, or cranes.
d. This section does not interfere with the commissioner of parks and recreation’s jurisdiction or responsibilities over trees and vegetation pursuant to section 18-104.
(L.L. 2024/018, 1/20/2024, eff. 1/20/2024)