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Whenever the commissioner of transportation shall permit any aerial electrical wires or cables, carried along or across and above the surface of any of the streets of such boroughs, to be crossed by aerial electrical wires or cables, it shall be the duty of the commissioner of transportation to designate also, in such permit, the route and location thereof, and to prescribe and regulate the height at which such wires or cables shall be placed. Whenever any such permit shall be granted by the commissioner of transportation, in extending the connections of any subterranean electrical conductors, for the erection of any structure or structures for sustaining electrical conductors above the surface of any street, or for placing wires or cables on any such structure or elsewhere than underground, or for carrying any such wires or cables across or along and above the surface of any street, or for placing wires or cables on any such structure or elsewhere than underground, or for carrying any such wires or cables over or into or in the rear of any building in such boroughs, any and all such structures, and any and all such wires or cables, shall be so erected and maintained as not to interfere with the other public uses of such streets.
Whenever, in the opinion of the commissioner of transportation, a sufficient construction of conduits or subways under ground shall be made ready under the provisions of sections 24-410 through 24-414 of the code, in any street or locality in the boroughs of Manhattan and the Bronx, reference being had to the general direction and vicinity of the electrical conductors then in use overhead, the commissioner of transportation shall notify the owners or operators of the electrical conductors above ground in such street or locality. The notice shall inform them that they are to make such electrical connections in such street or through other streets, localities or parts of such boroughs with such underground conduits or subways as shall be determined by such commissioner of transportation, and to remove poles, wires, or other electrical conductors above ground and their supporting fixtures or other devices from such street and locality within ninety days after notice to such effect shall be given.
a. All telegraph, telephone and electric light poles, wires or conductors which shall hereafter remain or stand disused, or become disused or abandoned, in, or over or upon any street, shall be forthwith removed, but for sufficient cause shown the commissioner of transportation may extend the time for such removal, by one or more orders, for periods not exceeding one year each.
b. The persons owning, operating, managing or controlling poles, wires or appurtenances which may have been so disused or abandoned, or which may be dangerous or unsafe, shall take down and remove them, and upon their failure to do so, the commissioner of transportation shall remove the same forthwith, at the expense of such persons. Before such removal, the commissioner of transportation, except where a condition of danger exists, shall mail a notice thereof to the last known address of such persons, a copy of which shall be posted for a period of ten days on each of such poles prior to its removal.
c. Any person convicted of a violation of any of the provisions of this section shall be punished by a fine of not less than $350 nor more than $750 dollars, imprisonment for not more than ten days, or both. In addition to or as an alternative to such penalty, such person shall also be subject to a civil penalty of no less than nor more than $100 per day such person is in violation of any provision of this section. Such civil penalties shall be imposed in the manner set forth in section 19-150.
(Am. L.L. 2017/029, 3/18/2017, eff. 7/16/2017)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/077.
The agreement made by and between the commissioners of electrical subways or the commissioner of water supply, gas and electricity for the city of New York and the Consolidated Telegraph and Electrical Subway Company or its successor by merger, the Consolidated Edison Company of New York, under date of July twenty-seventh, eighteen hundred eighty-six, when and as amended and modified by a second and further contract or agreement between these parties, dated the seventh day of April, eighteen hundred eighty-seven, is hereby ratified and confirmed, subject, however to all the provisions of sections 24-410 through 24-414 of the code. But if at any time or for any reason the agreement so amended shall be or become inoperative or ineffectual for the accomplishment of its just purpose and the purposes of these sections, or if the company shall be unable, or after reasonable notice and opportunity given by such commissioner, it shall fail or decline to comply with or carry into effect the agreement in all its terms, then such commissioner may, with the approval of the mayor, make such new, further or different contracts with the same or other parties as may be reasonable or necessary to carry into effect the provisions and intent of sections 24-410 through 24-414 of the code.
Whenever it shall be made to appear to the satisfaction of any of the justices of the supreme court, that the commissioner of general services or his or her representatives, or any commissioner succeeding to the functions of such commissioner, or his or her representatives, or the Consolidated Telegraph and Electrical Subway Company or its successor by merger, the Consolidated Edison Company of New York, or any persons claiming under such commissioner, or under such company, shall have violated or shall have failed to observe and fully perform any of the provisions of sections 24-407 through 24-414 of the code, or of such agreement, or shall have failed to furnish just and equal facilities thereunder to any and all corporations lawfully competent to manufacture, use or supply electricity, or to operate electrical conductors in any street, applying for such facilities upon terms that to the court shall appear just and reasonable, then such justice or court may, by proper proceedings in the nature of an order of mandamus, enforce the provisions of sections 24-407 through 24-414 of the code, or of such agreement or of any agreement made under such sections or compel the granting of such facilities, or may grant such relief as may be proper. Such commissioner, or the city, or any person, company or corporation aggrieved, shall be entitled to institute and maintain such proceedings.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/059.
The mayor, in his or her discretion, may purchase the subways constructed by such company, and the contracts and other property held or owned by it for any of the purposes of its incorporation, for and in the name of the city. The purchase price shall not exceed the actual cost of the property, with ten per cent added to such cost, as may be or may have been agreed upon between such company and the commissioner of general services. The payment therefor shall be made within four months after the delivery to the comptroller of good and sufficient and duly executed instruments of conveyance or transfer to the city, subject, however, to any valid liens outstanding thereon, not exceeding fifty per cent of the actual cost of such subways, and subject to all existing leases or contracts for the use of such subways.
a. The commissioner of transportation shall not grant a permit of the type mentioned in section 24-404 of the code unless, if the application be for underground construction, there is an existing demand for the construction of such conduits or subways, and the occupation of such conduits or subways is reasonably assured, and the public interests require their construction, or unless, if the application be for permission to deviate from an underground system, the case is one of those in which such deviation may be legally permitted under authority of sections 24-407 through 24-409 of the code. This section is made a police regulation in and for such boroughs.
b. It shall be the duty of the commissioner of transportation to require of any corporation or individual making application for the construction of subways, that before the construction of such subways shall be ordered, the applicant shall furnish to the corporation which shall be ordered to build such subways, satisfactory security for the occupation by it of the subways which shall be constructed at its request, and the payment of the established rentals therefor yearly in advance, during such period, not less than five years, as the commissioner of transportation shall determine. The commissioner of transportation may establish and from time to time may alter, add to or amend all proper and necessary rules, regulations and provisions for the manner of use and management of the electrical conductors, and of the conduits or subways therefor, constructed or contemplated under the provisions of this section or of any law mentioned herein. This section shall not be construed to authorize any corporation or individual to take up the pavements of such boroughs, to excavate in any of such streets or to erect poles in any part of such boroughs, unless a permit in writing therefor shall have been first obtained from the commissioner of transportation.
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