§ 19-140 Duties of police.

All police officers shall be vigilant in the enforcement of the provisions of this subchapter and section 24-521 of the code and report, through proper channels, and violation thereof to the commissioner. Police officers, on observing or being informed of the opening of or excavating in any street, shall require the person making such opening or excavation to exhibit a permit therefor, and, if none has been given, or if the exhibition thereof be refused, the officer shall report the same to the commissioner.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

§ 19-141 Property owners may voluntarily lay sidewalks.

Any owner of property, upon obtaining a permit from the commissioner, may lay a sidewalk in front of such owner's premises, of such material and in such a manner as may be prescribed by such commissioner. Heating pipes or electric cables for the purpose of melting snow and ice may be incorporated in the construction of sidewalks with the approval of the commissioner.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

§ 19-142 Workers on excavations.

A person to whom a permit may be issued, to use or open a street, shall be required, before such permit may be issued, to agree that none but competent workers, skilled in the work required of them, shall be employed thereon, and that the prevailing scale of union wages shall be the prevailing wage for similar titles as established by the fiscal officer pursuant to section two hundred twenty of the labor law, paid to those so employed. No permit shall be issued until such agreement shall have been entered into with the department, and all such permits hereafter issued shall include therein a copy of this provision. When permits are issued to utility companies or their contractors, the power to enforce this provision shall be vested with the comptroller of the city of New York consistent with the provisions of section two hundred twenty of the labor law.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

§ 19-143 Excavations for public works.

   a.   Notice to public service corporations. Whenever any street shall be regulated or graded, in which the pipes, mains or conduits of public service corporations are laid, the contractor therefor shall give notice thereof in writing to such corporations, at least forty-eight hours before breaking ground therefor. Such provision shall be included in every contract for regulating or grading any street in which the pipes, mains or conduits of public service corporations shall be laid at the time of making such contract.

   b.   Public service corporations shall protect their property. Public service corporations whose pipes, mains or conduits are about to be disturbed by the regulating or grading of any street, shall, on the receipt of the notice provided for in the preceding subdivision, remove or otherwise protect and replace their pipes, mains and conduits, and all fixtures and appliances connected therewith or attached thereto, where necessary, under the direction of the commissioner.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

§ 19-144 Issuance of permit to open street within five years after completion of city capital construction project requiring resurfacing or reconstruction of such street.

   a.   All persons having or proposing to install facilities in, on or over any street shall be responsible for reviewing the city's capital budget, capital plan and capital commitment plan. Such persons shall make provision to do any work, except emergency work, which requires the opening or use of any street prior to or during the construction of any capital project requiring resurfacing or reconstruction proposed in such budget or plan for such street.

   b.   No permit to use or open any street, except for emergency work, shall be issued to any person within a five year period after the completion of the construction of a capital project set forth in such budget or plan relating to such street requiring resurfacing or reconstruction unless such person demonstrates that the need for the work could not have reasonably been anticipated prior to or during such construction.

   c.   Notwithstanding the provisions set forth in subdivisions a and b of this section, the commissioner may issue a permit to open a street within such five year period upon a finding of necessity therefor, subject to such conditions as the commissioner may establish by rule, which shall include appropriate guarantees against the deterioration of the restored pavement and may include restoration of pavement to the curb line on both sides of the restoration and parallel to the curb line for 20 feet on each side of such restoration. Such conditions shall include, but are not limited to, the following requirements:

      1.   All concrete-base roadways must be restored with concrete of the same depth and at least the same strength as the original base concrete;

      2.   All cuts made to the roadway must be straight-edged and any angles must measure 90 degrees;

      3.   Restoration of openings less than 10 feet apart must be restored as one continuous restoration; or

      4.   If the distance between the edge of the cut and the curb is less than 3 feet the restoration must extend to the curb.

(Am. L.L. 2018/068, 1/19/2018, eff. 1/19/2018)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

§ 19-145 Pavements improperly relaid.

   a.   If any pavement which has been removed shall not be relaid to the satisfaction of the commissioner, he or she may cause an order to be served upon the person by whom such pavement was removed, or if such removal was for the purpose of making a connection between any house or lot, or for any sewer or pipes in the street, or for constructing vaults, or otherwise improving any house or lot, upon the owner or occupant of such house or lot, requiring such person, or the owner or occupant of such house or lot, to have such pavement properly relaid within five days after service of such order. Such order may be served upon the owner or occupant of a house or lot by leaving the same with any person of adult age upon the premises, or posting the same thereupon.

   b.   The cost of repaving such pavement shall be collected as follows:

      1.   The commissioner shall certify to the comptroller the cost of such work with a description of the lot or premises to improve which such removal was made.

      2.   The comptroller shall certify the cost of such work to the city collector, who shall collect the same in the same manner that arrears and water rates are collected.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

§ 19-146 Prevention of disturbances of street surface.

   a.   It shall be unlawful for any person, without being previously authorized by a permit of the commissioner:

      1.   To fill in or raise, or cause to be filled in or raised, any street or any part thereof;

      2.   To take up, remove, or carry away, or cause to be taken up, removed or carried away, any asphalt or asphalt blocks, concrete, flagstones, turf, stone, gravel, sand, clay or earth from any street or part thereof.

   b.   If any person shall violate this section, the commissioner shall take immediate steps to prevent such disturbances of the surface of the street, and shall forthwith restore such flagging or pavement, as nearly as may be practicable, to the condition in which it was before such taking or removal, at the expense of the party removing the same, to be recovered as penalties are recovered.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.