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Whenever the commissioner of environmental protection shall determine that it is necessary to raise the grade of any street or streets for the proper sewage of the sewer district in which such street or streets, or parts of streets, are situated, he or she shall prepare a plan showing such proposed change of grade, and shall present the same to the board of estimate and notify the community board for the community district in which the land is located, the office of the appropriate borough president, and the council member, senator and member of assembly representing the district in which the land is located. The board of estimate shall refer such plan to the commissioner of transportation for report. Such board may change the grade of such street or streets, or parts of streets, so far as shall be necessary for the proper drainage thereof, in accordance with such plan, in the manner provided by section one hundred ninety-nine of the charter.
(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)
Whenever it shall become necessary to construct a sewer or drain to prevent damage to property or to abate a nuisance and it is impracticable to proceed immediately to the construction of the same in accordance with any plan already adopted, the commissioner of environmental protection, on the approval of the mayor, may construct a temporary sewer or drain in such manner as to avoid such damage or abate such nuisance.
a. The commissioner of environmental protection may issue permits to persons to construct sewers or drains, or to connect with any sewers or drains built in any street, at their own expense. Such permission shall be granted only upon the agreement, in writing, of the persons applying therefor:
2. That they will indemnify the city for any damages or costs to which it may be put by reason of injuries resulting from neglect or carelessness in the performance of the work so permitted;
3. That they or their successors in interest will make no claim against the city if the work so permitted shall be taken up by the city.
b. The commissioner of environmental protection, at any time, may revoke such permit and direct such sewers or drains to be taken up or removed.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
a. The owners of private property at their cost and expense and in accordance with the provisions of section two hundred twenty-nine of the charter may construct sewers in the streets of the city by filing with the commissioner of environmental protection:
1. Plans and specifications of such sewer;
2. A duplicate copy of the contract for such construction, showing the cost thereof; and
3. A satisfactory guarantee to such commissioner of payment of the expense of supervision of such construction. Upon his or her approval of such plans, specifications and contract, the commissioner shall issue his or her permit for the construction of the proposed sewer.
b. The commissioner of environmental protection thereupon shall file copies of the documents listed in subdivision a with the department of city planning, which shall forward a copy within five days to the community board for the community district in which the property is located, to the appropriate borough board if the plans involve land located in two or more community districts, and to the council member, senator and member of assembly representing the district in which the property is located. Such commissioner shall apportion the cost of construction, according to actual benefit, between the several parcels of property abutting on each side of that part of the street through which the sewer is to be constructed.
c. Until title to such sewer vests in the city of New York, as hereinafter provided, the commissioner of environmental protection shall grant permits for connection with such sewer only to those owners or occupants of the property abutting on that part of the street in which such sewer has been laid who shall prove payment to the party or parties who constructed and paid for such sewer of their proportionate part of the cost and expense shall be paid without the addition of any interest charge. At such time as title to any such sewer shall vest in the city, owners or occupants of the property abutting on that part of the street in which such sewer has been laid who have not requested permission to connect with such sewer, and who have not made payment to the party or parties who constructed and paid for such sewer, shall have the right to connect with such sewer without payment of any part of the cost and expense of such sewer.
d. Except for the purpose of supervision, maintenance and use by the city in connection with its public sewer system, such sewer shall be deemed the private property of the parties or party who shall have paid for its construction. When the owners of all the property abutting on that part of the street in which any such sewer has been laid shall have paid their several shares of the cost of its construction, or when a period of seven years from the time of issuance of the permit pursuant to subdivision a hereof has elapsed, whichever is earlier, it shall be the property of the city. The city in no event shall be liable for any part of the cost and expense of construction of any such sewer.
e. It shall be unlawful for any person to represent to any prospective purchaser of property that a sewer constructed in any street is a city sewer unless such sewer shall have been constructed by the city in accordance with the legally adopted drainage plan of the city and/or accepted as a public sewer in accordance with the provisions of the code.
(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)
a. The commissioner of environmental protection shall prescribe the manner of opening sewers or drains and the form, size and material of which the connections therewith shall be composed.
b. It shall be unlawful to make a connection with any sewer or drain without the written permit of the commissioner of environmental protection, except that, in conjunction with the issuance of a permit for the construction or alteration of a structure within the curbline, the commissioner of buildings may issue a permit for connection with a sewer or drain. Such connection shall be in the manner prescribed by the commissioner of environmental protection. The commissioner issuing the permit shall require an applicant for such permit to demonstrate to his or her satisfaction that the proposed discharges to the sewer will be in compliance with section 24-523 of this chapter and the regulations promulgated pursuant to such section. For such purpose the commissioner issuing the permit may require the submission of plans, specifications and such other information as he or she may reasonably require.
c. When public sewers are made available, the individual on site private sewage disposal system or any other means of sewage disposal or discharge shall be abandoned in a manner prescribed by the commissioner of buildings. The building house sewer shall be connected to the available public sewer within six months of the date of notification that the sewer has been accepted to receive flow. As used in this subdivision the term "individual on site private sewage disposal system" shall mean a system of interconnected structures, units, pipes and devices, including a septic tank and an absorption area, which does not connect to the city sewer system, and which is used to collect, convey, treat and dispose water-flushed or water-carried domestic or commercial sewage on one tax lot.
d. Any person who violates subdivision c of this section, or any order issued by or rule promulgated by the commissioner pursuant thereto, shall be liable for a civil penalty in an amount not greater than five thousand dollars for each violation, which may be recovered in a proceeding before the environmental control board. A proceeding to recover any civil penalty authorized pursuant to this section shall be commenced by the service of a notice of violation returnable before the environmental control board, which shall have the power to impose the civil penalties prescribed herein.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/065.
a. As used in this section:
1. The term "agency having jurisdiction" shall mean the department of environmental protection.
2. The term "curb-to-sewer connection" shall mean the connection from the curb line to the sewer or to a sewer riser constructed with the sewer.
3. The term "cost" shall mean the actual cost of constructing each sewer-to-curb connection.
4. The term "curb line" shall mean the curb line determined pursuant to the resolution of the board of estimate establishing street and roadway widths.
b. The owner of any parcel of real property to be connected with the sewer system shall pay the cost of each curb-to-sewer connection serving such real property, if such curb-to-sewer connection was or shall be constructed in connection with the construction, reconstruction or replacement of a sewer duly authorized on or after January first, nineteen hundred sixty-two. Such cost shall become due and payable and shall constitute a lien against such property when the amount thereof shall have been computed by the agency having jurisdiction and an entry thereof shall have been made against such premises in the office of the city collector in the book in which charges for curb-to-sewer connections 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 upon the records in the office of the city collector as being 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, together with a statement that if such charge is not paid within ninety days from the date of entry the amount thereof with interest thereon at the rate of seven percent per annum, to be calculated to the date of payment from the date of entry, will constitute, until paid, a lien against the premises which shall be prior and superior to every other lien or claim except the lien of an existing tax, water rent, sewer rent, sewer surcharge or local assessment. 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 of seven percent per annum, to be calculated to the date of payment from the date of entry. Such charge and the interest thereon shall continue to be, until paid, a lien on the premises served by such curb-to-sewer connection. Such charge and interest shall be calculated and the lien thereof may be foreclosed in the manner provided by law for the collection and foreclosure of the lien of taxes, sewer rents, sewer surcharges and water rents due and payable to the city, and the provisions of the code 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. Such lien shall be prior and superior to every other lien or claim except the lien of an existing tax, water rent, sewer rent, sewer surcharge, or local assessment. The provisions of section 11-307 of the code applicable to the payment of assessments shall also apply to the charge established pursuant to this section.
c. Nothing contained in this section shall affect, impair or diminish the duty, obligation and responsibility of the owner of real property connected with the sewer system at his or her own cost and expense: (1) to maintain any curb-to-sewer connection serving such real property; and (2) to repair, reconstruct or replace such curb-to-sewer connection except when the necessity for such repair, reconstruction or replacement is caused by the reconstruction or replacement of the sewer or by any other construction work performed by the city.
d. The cost of constructing a curb-to-sewer connection in connection with the construction, reconstruction, or replacement of a sewer duly authorized on or after July first, nineteen hundred sixty-two, shall be paid initially out of the real property fund upon the authorization of the board of estimate. All sums received or collected in reimbursement of such cost pursuant to this section, including interest and penalties thereon, shall be paid into the real property fund. This subdivision shall not apply to or affect the manner of financing the cost of repairing, reconstructing or replacing a curb-to-sewer connection when such repair, reconstruction or replacement is necessary because of the reconstruction or replacement of the sewer or because of any other construction work performed by the city.
a. All openings into any sewers or drains, for the purpose of making connection therewith, from any house, cellar, vault, yard or other premises, shall be made by persons to be licensed by the commissioner of environmental protection to perform such work. Before being so licensed, such persons shall execute a bond to the city in the sum of one thousand dollars, with one or more sureties to be approved by such commissioner, conditioned:
1. That they will make all openings into any sewer or drain carefully and in the manner prescribed by such commissioner without injuring the same;
2. That they will leave no obstruction of any description whatever in the connection made by them;
3. That they will properly close up the sewer or drain around such connection and make no opening into the arch of any sewer or drain;
4. That they will faithfully comply with the provisions of section eighty-six of the charter, subchapter one of chapter one of title nineteen and sections 3-508 and 3-509 of the code;
5. That they will be responsible for any damages or injuries that may accrue to persons, animals or property, by reason of any opening in any street made by them or those in their employ;
6. That they will properly refill and ram the earth, suitably restore the pavement taken up for excavating, and repave the same should it settle or become out of order within six months thereafter. In case any person so licensed shall neglect to repair the pavement aforesaid, within twenty-four hours after being notified, the commissioner of transportation may cause the same to be done and charge the expense thereof to such licensee.
b. [Repealed.]
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
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