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a. A claim against the department arising from the city's performance pursuant to section 19-152 of the code shall be initiated within one year from the date of entry of a notice of account if the claimant shall have filed a notice of claim with the office of the comptroller of the city of New York within the time limit established by, and in compliance with all the requirements of section fifty-e of the general municipal law. The claim forms shall be provided to property owners upon request at no cost.
b. If the office of the comptroller determines that the final work was improper, the office of the comptroller shall notify the department. The department shall pursue corrective measures and shall issue and mail a new notice within thirty days of such determination, stating when the same will be corrected and by whom, by mail addressed to the person whose name appears on the records of the city collector as being the owner of the premises. If the records of the city collector show that a party other than the owner has been designated to receive the tax bills for such property, the notice shall be mailed to such party as well as to the owner of record, at his or her last known address, or if it is a multiple dwelling, service upon the owner or managing agent may be made in accordance with section 27-2095 of the code.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
a. If an owner of property claiming to be aggrieved does not secure satisfaction with the office of the comptroller, such owner of property may file a petition for appeal and commence a proceeding to review and/or correct the notice of account and/or the quality of the work performed with the small claims assessment review part in the supreme court. The petition for appeal forms shall be provided to property owners upon request, at no cost. A fee of twenty-five dollars shall be paid upon filing of each petition, which shall be the sole fee required for petitions pursuant to this section. Such petition shall contain an allegation that at least thirty days have elapsed since the notice of claim, based on section 7-201 of the code upon which such action is founded, was presented to the office of the comptroller for adjustment, and that the comptroller has neglected or refused to make an adjustment, or payment thereof for thirty days after such presentment.
b. The petition for an appeal form shall be prescribed by the department after consultation with the office of court administration. Such form shall require the petitioner to set forth his name, address and telephone number, a description of the real property for which the appeal is sought, the types of property defects or a description of the violations, a concise statement of the ground or grounds upon which the review is sought and any such information as may be required by the department and the office of court administration. No petition for an appeal form shall relate to more than one parcel of real property. The petition may be made by a person who has knowledge of the facts stated therein and who is authorized in writing by the property owner to file such petition. Such written authorization must be made a part of such petition and bear a date within the same calendar year during which the petition was filed.
c. The petitioner shall personally deliver or mail by certified mail, return receipt requested a copy of the petition within seven days from the date of filing with the clerk of the supreme court to the commissioner of the department or a designee of the commissioner.
d. The chief administrator of the courts shall appoint a panel of small claims hearing officers within the small claims assessment review program in the supreme court selected from persons requesting to serve as such hearing officers who have submitted resumes of qualifications to hear the proceedings relating to sidewalks and lots. Hearing officers to be appointed to the panel shall be qualified by training, experience, and knowledge of real property improvement and valuation practices and provisions of state and local law governing real property improvements, liabilities and assessments, but need not be attorneys at law. The chief administrator of the court shall randomly assign a hearing officer or hearing officers to conduct an informal hearing on the petition for appeal with the applicants for small claims and a representative of the department. Hearing officers assigned shall be familiar with the department and shall not possess any conflict of interest as defined by the public officers law with regard to the petitions heard. Hearing officers shall be compensated for their services in accordance with a fee schedule established by the chief administrator of the courts.
e. The small claims proceedings shall be held within thirty days after the date of filing the petition. Such proceeding, where practicable, shall be held at a location within the county in which the real property subject to review is located. The petitioner and the department shall be advised by mail of the time and place of such proceeding.
f. The petitioner need not present expert witnesses nor be represented by an attorney at such hearing. Such proceedings shall be conducted on an informal basis in such manner as to do substantial justice between the parties according to the rules of substantive law. The petitioner shall not be bound by statutory provisions of rules of practice, procedure, pleading or evidence. The hearing officer shall be empowered to compel the department and any other party who performed the work to produce records and other evidence relevant and material to the proceeding. All statements and presentation of evidence made at the hearing by either party shall be made or presented to the hearing officer who shall assure that decorum is maintained at the hearing. The hearing officer shall consider the best evidence presented in each particular case. Such evidence may include but shall not be limited to, photographs of the sidewalk or lots, construction contracts or bills from licensed firms that performed the work to correct the alleged violations. The hearing officer may, if he deems it appropriate, view or inspect the real property subject to review. The petitioner shall have the burden of proving entitlement to the relief sought.
g. All parties are required to appear at the hearing. Failure to appear shall result in the petition being determined upon inquest by the hearing officer based upon the available evidence submitted.
h. The hearing officer shall determine all questions of fact and law de novo.
i. The hearing officer shall make a decision in writing with respect to the petition for appeal within thirty days after conclusion of the hearing conducted with respect thereto. The hearing officer's decision may grant the petition in full or in part or may deny the petition. If the hearing officer grants the petition in full or in part, the hearing officer shall award the petitioner costs against the respondent in an amount equal to the fee paid by the petitioner to file the petition for appeal. The hearing officer may award the petitioner costs against the respondent in an amount equal to the fee paid by the petitioner to file the petition for appeal where he deems it appropriate.
j. If the hearing officer grants the petition in full or in part, the hearing officer shall order the department and the city collector, where appropriate, to change or correct their records to reflect the determination or order the work corrected and reinspected by a departmental inspector after the work was performed.
k. The decision of the hearing officer shall state the findings of fact and the evidence upon which it is based. Such decisions shall be attached to and made part of the petition for appeal and shall be dated and signed.
l. The hearing officer shall promptly transmit the decision to the clerk of the court, who shall file and enter it and the hearing officer shall promptly mail a copy of the decision to the petitioner or the commissioner of the department or the designee of the commissioner and to the city collector, where appropriate.
m. No transcript of testimony shall be made of a small claims review hearing. The hearing officer's decision of a petition of appeal shall not constitute precedent for any purpose or proceeding involving the parties or any other person or persons.
n. A petitioner to an action pursuant to this section may seek judicial review pursuant to article seventy-eight of the civil practice law and rules provided that such review shall be maintained against the same parties named in the small claims petition.
o. The chief administrator of the courts shall adopt such rules of practice and procedure, not inconsistent herewith as may be necessary to implement the appeal procedures hereby established. Such rules shall provide for the scheduling of evening hearings where practicable, the availability of petition forms, and the procedures for the filing of decisions rendered by hearing officers pursuant to the provisions of this section.
p. If in the final order in any proceeding, it is determined that the amount due was excessive or improper and ordered or directed that the same be corrected, the city collector shall issue and mail a new notice of such account stating the new amount owed to the person whose name appears on the records of the city collector as being the owner of the premises. If the records of the city collector show that a party other than the owner has been designated to receive the tax bills for such property, the notice shall be mailed to such party as well as to the owner of record, at his or her last known address, or, if it is a multiple dwelling, service upon the owner or managing agent may be made in accordance with section 27-2095 of the code. If such charge is not paid within ninety days from the date of entry, it shall be the duty of the city collector to charge and receive interest thereon, to be calculated to the date of payment from the date of entry. Where appropriate, if in the final order in any proceeding, it is determined that the amount due was excessive or improper and the owner of the property is entitled to a refund for the excessive amount, the hearing officer shall promptly order and direct such refund within thirty days.
q. If in the final order in any proceeding, it is determined that the final work was improper and ordered or directed that the same be corrected, the department shall issue and mail a new notice of such within thirty days stating when the same will be corrected and by whom, by mail, addressed to the person whose name appears on the records of the city collector as being the owner of the premises. If the records of the city collector show that a party other than the owner has been designated to receive the tax bills for such property, the notice shall be mailed to such party as well as to the owner of record, at his or her last known address, or, if it is a multiple dwelling, service upon the owner or managing agent may be made in accordance with section 27-2095 of the code.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
a. The provisions of this section shall only apply to electrical-related infrastructure located in the city of New York capable of emitting stray voltage. For purposes of this section, the following terms shall have the following meanings:
1. "Local electric corporation" shall mean an electric corporation as defined in paragraph 13 of section 2 of the public service law, or its successor provision, that owns and operates transmission and distribution systems for the provision of electrical service in the city of New York.
2. "Stray voltage" shall mean any unintended electrical potentials between contact points that may be encountered by humans or animals.
3. "Voltmeter" shall mean an instrument that measures differences of electric potential in volts.
4. "Non-conductive protective material" shall mean any casing or material of sufficient composition or thickness to adequately obstruct the unintended flow of electricity.
b. All local electric corporations shall, where practicable and appropriate for the protection of public safety, utilize non-conductive protective materials to insulate their electrical-related infrastructure to prevent stray voltage.
c. All local electric corporations shall establish and implement written guidelines and procedures for the annual inspection or testing of each category of its electrical-related infrastructure used to provide electrical service and for the repair of such infrastructure if required. Such guidelines and procedures shall include the annual inspection of each category of its electrical-related infrastructure located on, above or below any sidewalk used to provide electrical service and the repair of such infrastructure if required. Such guidelines and procedures shall also include the annual testing of each category of its electrical-related infrastructure in any location other than on, above or below a sidewalk used to provide electrical service and the repair of such infrastructure if required. Each inspection and testing period shall be comprised of an uninterrupted twelve month period concluding on November 30 of each year. Such local electric corporations shall establish such inspection and testing schedules and procedures for at least the following categories of electrical-related infrastructure: transformers, switching and protective devices, regulators and capacitors, overhead and underground cables, wires and conductors, above and below ground utility and connection boxes, manhole covers, metal plates, gratings and poles.
d. Each piece of electrical-related infrastructure included in the list of categories of such infrastructure set forth in subdivision c of this section that has been found to emit stray voltage shall be repaired or made safe within twenty-four hours of discovery or knowledge of such condition by the local electric corporation that owns and operates the infrastructure, or a contractor or subcontractor thereof, in a manner that completely eliminates the emission of any such stray voltage.
e. Upon completion of the annual inspection, testing and repair program mandated by subdivision c of this section, all local electric corporations shall provide the council, the department and the public service commission with a written report no later than January 15 of each year. Such report shall state that each piece of its electrical-related infrastructure has been inspected where required, tested where required, and, if necessary, repaired during the immediately preceding inspection and testing period. Such report shall indicate each location at which stray voltage was found and shall state that in each such instance, each repair was completed in accordance with accepted professional standards and that no public safety hazard exists. Such report shall include a detailed account of all types of non-conductive protective materials utilized to insulate such local electric corporation's electrical-related infrastructure during the period being reported upon, as well as any planned changes in the types of non-conductive protective materials to be employed during the next reporting period to meet the mandate set forth in subdivision b of this section with an explanation for any proposed change. Such report shall also include a complete list of all inspections, tests and repairs for the detection and elimination of stray voltage conducted outside the course of the inspection and testing schedules required by subdivision c of this section, such as those initiated in response to consumer complaints, including the nature and location of the condition complained of, whether the complaint was founded, what repair work was undertaken and to what category of electrical-related infrastructure and the amount of time taken from receipt of the complaint to completely eliminate any stray voltage.
f. The department shall conduct random tests, by utilizing a voltmeter, of the electrical-related infrastructure of any local electric corporation for the purposes of detecting stray voltage and shall maintain written reports of the results of each such test. Commencing with the twelve month inspection and testing period beginning on December 1, 2004, the department shall conduct at least two hundred fifty such tests at random sites during each twelve month inspection and testing period. The reports created pursuant to this testing shall be forwarded to the public service commission and to the local electric corporation whose sites and department tests.
g. All local electric corporations shall establish and implement an educational campaign aimed at informing the public of how to identify and protect themselves from the dangers of stray voltage potentially emanating from their electrical-related infrastructure. The campaign shall utilize the information from the annual report of inspections, tests and repairs required by this section to alert the public to the locations most frequently documented as having had stray voltage.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/044.
a. The commissioner shall make available online through the department's website information regarding the resurfacing and capital improvement of city blocks. Such information shall include but not be limited to: (i) what year city blocks were last resurfaced or received capital improvement; (ii) the current rating for city blocks pursuant to the department's street rating system as one of the following: good, fair, or poor.
b. On or before January 31, 2013, the information required by subdivision a of this section shall be searchable by city block.
a. The department and the department of environmental protection shall conduct a study on the possible use of permeable materials on roadways and sidewalks under the jurisdiction of the department. Such study shall include the following: (i) various types of permeable material for roadway and sidewalk use; (ii) the expected costs of such materials and the projected feasibility of such materials, including but not limited to durability, operational function and performance; (iii) the volume of stormwater anticipated to be permeated through such materials; (iv) recommendations and limitations regarding the use of permeable materials on roadways and sidewalks under the jurisdiction of the department; (v) the maintenance practices for such roadways and sidewalks and estimated costs of such practices; (vi) the effect on utilities and other entities that will need to make cuts in such roadways and sidewalks; (vii) methods to restore the porosity of such roadways and sidewalks and an estimate of the costs of such methods; (viii) recommendations regarding the use and limitations of permeable materials by private property owners on private roadways, parking lots and sidewalks; and (ix) a determination on whether a uniform standard on the use of permeable materials in sidewalks within the city of New York is appropriate, based on the results of the study and pilot required pursuant to subdivisions a and b of this section. If such uniform standards are deemed appropriate, the department, in consultation with other agencies including but not limited to the department of parks and recreation and the department of design and construction, shall make recommendations and exceptions to such uniform standard. Such study shall be completed and delivered to the speaker of the council and posted on the department's website not more than thirty months following the effective date of the local law that added this section.
b. The department shall undertake a pilot program on the use of permeable materials on roadway and sidewalk surfaces as part of the study required pursuant to subdivision a of this section. Such pilot program shall include evaluation of permeable materials in three different types of roadway conditions and three different types of sidewalk conditions, with such conditions including but not limited to roadway and pedestrian volume and locations susceptible to flooding. The department shall consult with the department of environmental protection prior to choosing the locations for such pilot program. A report on such pilot program shall be completed and delivered to the speaker of the council and posted on the department's website not more than one hundred twenty days following the completion of the pilot program.
a. For purposes of this section, the following terms shall have the following meanings:
1. "Bridge" shall mean a span that includes a roadway for use by motor vehicles, that is located above another surface.
2. "Work zone" shall mean a location where workers are engaged in a stationary operation that exceeds four hours in duration and which is not predominantly separated from traffic by a temporary concrete or other rigid barrier system.
b. On or before January 1, 2015, the commissioner shall conduct a review of guidelines and best practices with regard to work zone safety on bridges that are under the jurisdiction of the department. A written report detailing such guidelines and best practices shall be submitted to the speaker of the council and posted on the department's website upon completion.
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Event. The term "event" means any activity within a pedestrian plaza where the activity will interfere with or obstruct the regular use of such pedestrian plaza, but shall not include activities conducted pursuant to a valid film permit, demonstrations, or parades.
Pedestrian plaza. The term "pedestrian plaza" means an area designated by the department as such for pedestrian circulation, use and enjoyment on property under the jurisdiction of the department including, but not limited to, property mapped as a public place or property within the bed of a roadway, and which may contain amenities such as tables, seating, trees, plants, lighting, bike racks, or public art.
Pedestrian plaza partner. The term "pedestrian plaza partner" means an organization selected by the department to assist with functions related to pedestrian plazas, pursuant to a non-exclusive agreement with the department, pursuant to chapter 13 or 14 of the charter of the city of New York. Such functions may include, but are not limited to, the design, daily management, maintenance, programming, and the provision of funding to support such functions.
b. Pedestrian plaza designation.
1. The department may designate an area as a pedestrian plaza. In making such designation, the department shall consider factors, including but not limited to, the following: (i) availability of and need for open space in the surrounding areas; (ii) ability of the department or any pedestrian plaza partner to properly maintain such pedestrian plaza and develop programming; and (iii) relationship of such pedestrian plaza to surrounding land uses, traffic, and pedestrian activity and safety.
2. No less than 60 days before designating a pedestrian plaza, the department shall forward notice of its intent to any affected council members, community boards, borough presidents, senators, and members of assembly. Within 45 days of receipt of such notice, such council members, community boards, borough presidents, senators, and members of assembly may submit comments regarding such proposed pedestrian plaza. The department shall consider such comments before making a determination in regard to such proposed pedestrian plaza.
3. Proposals for the designation of an area as a pedestrian plaza may be submitted by a council member, community board, borough president, senator, member of assembly or non-profit organization pursuant to rules of the department. Within 90 days of the receipt of such application, the department shall issue a response to such a proposal.
4. All pedestrian plazas identified on the department's website pursuant to section 19-101.4 prior to June 1, 2016 shall be deemed designated pedestrian plazas pursuant to this section.
5. At least 90 days before the department rescinds the designation of a pedestrian plaza, the department shall notify the affected council members, community boards, borough presidents, senators, members of assembly and any pedestrian plaza partner. If any such council member, community board, borough president, senator, member of assembly or pedestrian plaza partner so requests, the department shall hold a public hearing on the proposed designation rescission no more than 45 days after sending such notice. The department shall consider any comments from such public hearing or any comments submitted to the department before rescinding such designation.
c. Pedestrian plaza rules.
1. The commissioner may promulgate uniform rules applicable to pedestrian plazas, including, but not limited to, setting general rules of conduct.
2. In addition to uniform rules promulgated pursuant to paragraph 1 of this subdivision, the commissioner may promulgate pedestrian plaza-specific rules to regulate the use of, and activities within, an individual pedestrian plaza and sidewalks directly adjacent to such pedestrian plaza. In developing such pedestrian plaza-specific rules, the department shall consider factors including, but not limited to: the individual needs of such pedestrian plaza; pedestrian traffic and congestion; public safety concerns; the size of such pedestrian plaza; current and potential usage demands and the need to manage competing uses; the need to create or maintain the aesthetics or special character of such pedestrian plaza and its surroundings, or to promote tourism or other forms of economic development; and the need to regulate commercial activity, solicitation, entertainment by individuals or groups, or expressive matter vending in such pedestrian plaza. For the purposes of this paragraph, commercial activity shall not include vendors who are licensed pursuant to sections 17-307 or 20-453.
3. If the department has selected a pedestrian plaza partner for a pedestrian plaza, the department shall consider the input of such partner in developing rules related solely to such pedestrian plaza.
d. Pedestrian plaza events. A plaza activity permit issued by an agency or office designated by the mayor shall be required for any event held completely within a pedestrian plaza. Such agency or office, after consultation with the commissioner and consideration of any input of pedestrian plaza partners, shall promulgate rules: (i) establishing a process for the issuance of such permits, including, but not limited to, rules relating to the submission and processing of applications, approval or denial of applications, an appeals process, and applicable fees; and (ii) pertaining to the management of pedestrian plaza operations during events, including, but not limited to, establishment of paths for pedestrian traffic, establishment of paths and procedures to allow for emergency response access, and procedures related to installations permitted by the department, such as sub-concessions and artwork. Such rules regarding the issuance of plaza activity permits may allow for the evaluation of unique characteristics of the pedestrian plaza in which the proposed event for which the permit is sought and the adjacent neighborhood; the customary or everyday use of such pedestrian plaza; the nature of the neighborhood adjacent to such pedestrian plaza; the economic and community development impacts of such proposed event; the impact of such proposed event on such pedestrian plaza and the adjacent neighborhood, including, but not limited to, any positive or negative impacts on pedestrian and vehicular traffic in the adjacent neighborhood presented by such proposed event and the impact of cumulative demands on such pedestrian plaza and adjacent streets and public spaces.
(L.L. 2016/053, 4/21/2016, eff. 6/20/2016 and 8/19/2016; Am. 2022 N.Y. Laws Ch. 790, 12/28/2022, eff. 6/26/2023; Am. 2023 N.Y. Laws Ch. 98, 3/3/2023, eff. 3/3/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/053.
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