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It shall be unlawful for any person to construct or lay down in any street, a board or plank walk, except sidewalk bridges as defined in section 27-1021 of the code, without a permit from the commissioner.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
It shall be unlawful for any person to place or to expose to show or for sale, upon any balustrade that now is or hereafter may be erected upon any street, any goods, wares, merchandise or manufacture of any description.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
a. The two strips of land, each twenty feet in width, which were added to each side of Clinton avenue in the borough of Brooklyn between Gates avenue and Willoughby avenue pursuant to chapter two hundred fifty-seven of the laws of eighteen hundred ninety-nine shall not be added to the traveled portion of Clinton avenue, but shall be reserved and preserved as ornamental courtyards for the benefit and improvement of such avenue.
b. Any building erected and completed before the first of March in the year eighteen hundred ninety-nine, or before that date so far erected that its foundations or walls were carried up so far as the level of the street, and any piazza or appurtenant structure erected before such date may remain or be completed with all rights as though this section had not been passed; but in case any such building is destroyed, or removed from such courtyard space, the right reserved therefor shall be at an end.
c. The several parts of such court-yard space as adjoin the several lots fronting thereon may be used and occupied by the owners of such lots respectively for the following purposes:
1. Grass, shade trees, shrubbery, statuary, fountains, walks, paths, pavements, sewer, gas, electric and other house connections, and low ornamental fences, and
2. Ingress and egress, and
3. Stoops, porches and piazzas, provided they are open at either end and are not less than ten feet from the line of such avenue as established prior to the enactment of chapter two hundred fifty-seven of the laws of eighteen hundred ninety-nine, and
4. Steps and approaches to a house, provided they are in usual form and do not interfere with the general intent of this section, and
5. Such other purposes as are usual and proper for a plot fronting on a street and appurtenant to a residence, hotel, apartment house or other dwelling-house.
d. Nothing shall be erected, done or allowed on such court-yard space, that will interfere with its open and ornamental character, or that is not in accordance with the above uses and purposes.
e. This section shall not affect the title, or the right to possession of the several lots or plots of land in such two strips of land, except as the use thereof is limited and restricted as provided in this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
The buildings to be erected upon the lots fronting upon first place, second place, third place and fourth place in the borough of Brooklyn, shall be built on a line thirty-three feet five inches and a quarter of an inch back from the sides or lines of such places as they are now established by the map of the city, and the intervening space of land shall be used for courtyards only.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
a. The commissioner may serve an order upon the owner of any premises requiring such owner to remove or alter any unauthorized projection or encroachment, on or in front of his premises, within a period to be specified in such order. Such order shall be served personally, or by leaving it at the house or place of business of the owner, occupant or person having charge of the house or lot in front of which the projection or encroachment may be, or by posting such order thereon.
b. At any time after the expiration of the time specified for that purpose in the order, if such encroachment or projection shall not then have been removed or altered, the commissioner may remove or alter or cause such encroachment or projection to be removed or altered at the expense of the owner or constructor thereof, who shall be liable to the city for all expenses that it may incur by such removal or alteration, together with the penalties prescribed by this subchapter for the violation of such order, to be recovered with costs of suit.
c. 1. In addition to any other remedies or penalties, whenever such removal, alteration, repair and restoration is undertaken by the commissioner he or she may certify separately the costs and expense of such removal, alteration, repair and restoration to the commissioner of finance. The commissioner of finance shall, upon the certificate of the commissioner, charge the amount of such costs and expenses against the property upon and with respect to which the work was performed. Every such charge shall be a lien upon the property or premises in respect to which the same shall have been made, which lien shall have priority over all other liens and incumbrances except taxes and assessments for other public or local improvements, sewer rents, water rents and interest or penalty thereon levied or charged pursuant to law. Such lien shall be enforced in all respects in the manner provided by law for the enforcement of liens of taxes, assessments, sewer rents and water rents and interest or penalties thereon.
2. As an alternative to the remedy prescribed in paragraph one of this subdivision, the commissioner may in his or her discretion institute, through the corporation counsel, any appropriate action or proceeding at law against such owner for the recovery of the costs and expenses of such removal, alteration, repair and restoration, undertaken by the commissioner, as provided herein.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
a. For purposes of this section, "Automated Teller Machine Booth" ("ATM booth") shall mean any device linked to the accounts and records of a banking institution that enables consumers to carry out banking transactions, including, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries, and loan payments.
b. Notwithstanding any other provision of law, it shall be unlawful for any property owner to permit an ATM booth to be located on any portion of the sidewalk that is adjacent to the property of such owner, lies between the curb line and the building line, and is intended for use by the public.
c. The department may serve an order upon the owner of any premises adjacent to which such ATM booth is located, requiring such owner to remove such ATM booth. The department shall provide in such order that such ATM booth shall be removed within thirty days of the date of such order. Such order shall be served personally upon the owner of such premises, or by leaving it with a person in control of the premises, or by leaving it or posting it at the place of business of the owner, or by leaving it or posting it at any home of such owner, if service to the place of business of such owner is impractical.
d. Failure to comply with an order to remove an ATM booth within thirty days of the date of such order shall be a violation subject to a civil penalty of not less than two thousand five hundred dollars nor more than five thousand dollars for the first day of such violation. Any owner who remains in violation beyond the first day after the expiration of the thirty-day period specified in such order shall be subject to a civil penalty of five thousand dollars for every five-day period during which he or she remains in violation. There shall be a rebuttable presumption that the ATM booth has remained in place during each such five-day period.
e. In addition to any other fines, penalties, sanctions or remedies provided for in this section, an ATM booth which remains in violation of subdivision d of this section shall be deemed abandoned. The department shall be authorized to provide for the seizure of such ATM booth, after the owner has been provided with notice and an opportunity to be heard before the appropriate administrative tribunal, if the owner of such ATM booth has accumulated an aggregate of fifty thousand dollars in civil penalties that have remained unpaid for ninety days following the expiration of the time to appeal the imposition of such penalties in accordance with the procedures of the environmental control board.
a. If the front or other exterior wall of any building standing on the twenty-fifth day of May, eighteen hundred ninety-nine in the county of New York as then constituted, shall extend ten inches or less upon any street, such wall shall be removable, only if an action or proceeding for the removal of such wall was instituted by or in behalf of the city within the period of one year from such date, and notice of pendency of such action or proceeding was duly filed in the office of the clerk of the county of New York, and duly indexed against the owner and the premises. If a structure, or part of a building standing on the thirteenth day of May, eighteen hundred ninety-six, in such county, known as a bay window or oriel window, shall extend twelve inches or less upon any street, such structure shall be removable only if an action or proceeding for its removal was instituted by or in behalf of the city within one year from such date, and notice of pendency of such action or proceeding was duly filed in the office of the clerk of the county of New York, and duly indexed against the owner and the premises.
b. If the front or other exterior wall of any building standing on the seventeenth day of May, eighteen hundred ninety-seven in the city of Brooklyn, as then constituted, shall extend four inches or less upon any street, such wall shall be removable only if an action or proceeding for the removal of such wall was instituted by or in behalf of the city of Brooklyn or its successor, within the period of one year from such date, and notice of pendency of such action or proceeding was duly filed in the office of the clerk of the county of Kings, and duly indexed against the owner of the premises.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
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