a. Permit required. It shall be unlawful to erect or maintain a canopy over the sidewalk without a permit granted by the commissioner, and unless such canopy is erected and maintained in accordance with this section and the rules of the department. Such canopies may be erected and maintained: 1. In connection with the entrance to a building or place of business within a building by or with the consent of the owner of the building. 2. In connection with a sidewalk cafe licensed by the commissioner of consumer and worker protection. Such canopies shall be constructed of a noncombustible frame, covered with flameproof canvas or cloth, approved slow-burning plastic, sheet metal or other equivalent material, securely fastened to the face of the building and supported by posts in the ground or in the sidewalk, located between the building line and the curb line, and not less than eight feet above the sidewalk.
b. Permit conditions. A permit may be issued by the commissioner to erect and maintain a canopy over the sidewalk of any street, in accordance with the rules of the department if deemed by the commissioner as adequate in respect to public safety and convenience and the special circumstances of the particular street or streets. Evidence of the issuance of such permit in a form prescribed by the commissioner shall be displayed at all times and in such manner as the commissioner may direct. No such permit may be issued in streets listed as "restricted streets" in the rules of the department, nor where such permit would extend a non-conforming use in a residence district, as defined by the zoning resolution of the city.
c. Permit fees. Prior to the issuance of such permit, each applicant shall pay to the commissioner an annual fee as set forth in the rules of the department, except that the fee for a permit for a canopy in connection with a sidewalk cafe licensed by the commissioner of consumer and worker protection shall be twenty-five dollars.
d. Term; transferability.
1. Each permit shall expire one year from the date of issuance thereof unless sooner revoked by the commissioner.
2. A permit issued hereunder shall not be transferable from person to person or from the location for which it is originally issued.
e. Advertising prohibited. It shall be unlawful to paint, print, stencil or otherwise erect, attach or maintain any advertising sign, picture, flag, banner, side curtain or other device upon any canopy except that it shall be lawful to paint, imprint or stencil directly upon a canopy, within the character and area limitations prescribed by the zoning resolution of the city, the house or street number and/or firm name or duly filed trade name limited to identification and excluding any descriptive words contained in such firm name or duly filed trade name tending to advertise the business conducted in such premises.
f. Obstructing of egress prohibited. No part of any canopy shall be located beneath a fire escape or so located as to obstruct operation of fire escape drop ladders or counterbalanced stairs or so as to obstruct any exit from a building.
g. Violations. The owner or agent of any building and the owner, lessee, tenant, manager or agent in charge of any portion of a building for the use or benefit of which an awning or canopy is erected or maintained shall be liable for a violation of this section.
h. Rules. The commissioner may, except as otherwise provided by law, make rules for the design, construction and maintenance of canopies within the lines of any street and for the removal, storage and disposal of unauthorized canopies as he or she may deem necessary for the safety and convenience of the public.
i. Removal of unauthorized canopies.
1. Notwithstanding any provision of law the commissioner may serve an order upon the owner of any premises requiring such owner to remove or to cause to be removed any unauthorized canopy fastened to or erected in front of his or her building, within a period to be designated in such order. Upon the owner's failure to comply with such order as and within the time specified therein, the department may remove such canopy or cause the same to be removed, the cost of which shall be due and payable and shall constitute a lien against the premises to which such canopy may be attached or in front of which it may be erected when the amount thereof shall have been definitely computed by such department and an entry of the amount thereof shall have been entered in the office of the city collector in the book in which such charges against the premises are to be entered. A notice thereof, stating the amount due and the nature of the charge shall be mailed by the city collector, within five days after such entry, to the last known address of the person whose name appears on the records in the office of the city collector as being the owner or agent or as the person designated by the owner to receive tax bills, or where no name appears, to the premises addressed to either the owner or the agent. If such charge is not paid within ninety days from the date of entry, it shall be the duty of the city collector to collect and receive interest thereon at the rate that would be applicable to a delinquent tax on such property, to be calculated to the ate of payment from the date of entry. Such charge and the interest thereon shall continue to be, until paid, a lien on the premises. Such charge and interest shall be collected and the lien thereof may be foreclosed in the manner provided by law for the collection and foreclosure of the lien of such taxes, sewer rents, sewer surcharges and water rents due and payable to the city, and the provisions of law applicable to the collection and foreclosure of the lien of such taxes, sewer rents, sewer surcharges and water rents shall apply to such charge and the interest thereon and the lien thereof.
2. Service of an order upon an owner pursuant to the provisions of this section shall be made personally upon such owner or by certified mail addressed to the last known address of the person whose name appears upon the records in the office of the city collector as being the owner of the premises or as the agent of such owner or as the person designated by the owner to receive the tax bills or, if no such name appears, at the address set forth as the address of the owner in the last recorded deed with respect to such premises. A copy of such order shall also be filed in the clerk's office of each county where the property is situated and posted in a conspicuous place on the premises.
(Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104 and L.L. 2020/080.