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a. Definitions. For purposes of this section, the term "corrective action request" or "CAR" means a formal notice by the department that a condition is in violation of this title and that a request is being made for action to be taken by the respondent to whom such notice is addressed to correct the condition so described.
b. No later than October 1, 2021, the commissioner shall create a program for the issuance of corrective action requests for certain first-time violations of this title.
c. Corrective action request.
1. The corrective action request shall provide notice of the nature of the violation and that the law authorizes civil penalties for such violation.
2. The department shall issue a corrective action request to a person in lieu of a notice of violation for a condition that would violate, for the first time, the following sections of this chapter:
(a) Paragraphs (1), (2), (4) and (5) of subdivision b of section 10-169;
(b) Subdivision b of section 16-116; and
(c) Subdivision g of section 16-308.
3. A corrective action request may be served by either of the following means:
(a) Personal service; or
(b) Service in accordance with clause (ii) of subparagraph (a) of paragraph 2 of subdivision d of section 1049-a of the charter of the city of New York. Notwithstanding any inconsistent provision of law, service pursuant to this subparagraph shall be complete on the date a copy of the corrective action request is mailed to the respondent.
4. Any corrective action requested by a corrective action request shall be performed within 30 days of service of such request pursuant to paragraph 3 of this subdivision, unless issuance of such corrective action request is protested as provided herein.
5. Within 14 days after the date of service of the corrective action request pursuant to paragraph 3 of this subdivision, unless a different time is specified on such request, the respondent may protest the issuance of such request in the manner described on such request.
6. Protests shall be reviewed by the department and a final determination of the protest shall be made within a reasonable period of time.
d. On or before July 1, 2022, the commissioner shall report to the speaker of the council and the mayor about the program established pursuant to this section. Such report shall include, but not be limited to, the following information:
1. The number of corrective action requests issued and the resolution of such requests;
2. The number of notices of violations issued for the violations described in paragraph 2 of subdivision c.
3. The impact of the program on operations of the department, street cleanliness, and quality of life; and
4. Any recommendations for improvement of such program.
(L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.
a. Definitions. For purposes of this section, the term “citywide-generated recyclable waste” means all recyclable materials, as defined in section 16-303, collected within the city by the department and by entities licensed to collect trade waste pursuant to title 16-A.
b. Diversion of citywide-generated recyclable waste. The department shall establish a goal of diverting citywide-generated recyclable waste by 100 percent by calendar year 2030 from landfills or incinerators.
c. If the department determines that the citywide-generated recyclable waste diversion goal established pursuant to subdivision b of this section is not feasible despite the best efforts of city government, the department shall report such findings and make recommendations with respect to policies, programs, and actions that may be undertaken to achieve such diversion, as part of the department's annual zero waste report required pursuant to subdivision b of section 16-316.5.
(L.L. 2023/086, 7/9/2023, eff. 7/9/2023)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Severe weather. The term “severe weather” includes but is not limited to rain, sleet, ice, snow, and wind, or any combination thereof that causes widespread tree damage.
Street. The term “street” has the same meaning as in section 16-460.
Tree. The term “tree” has the same meaning as in section 18-103.
Vegetation. The term “vegetation” has the same meaning as in section 18-103.
b. The department shall assist the department of parks and recreation in removing tree limbs, branches, and vegetation fallen from trees under the jurisdiction of the department of parks and recreation that obstruct streets after severe weather. Such removals may be conducted after the department of sanitation receives notice of such fallen tree limbs, branches, or vegetation by the department discovering the fallen tree limbs, branches, or vegetation, through the 311 customer service center, or through referral from the department of parks and recreation. Such assistance shall not take precedence over the department’s core duties. Such removals shall take place within 10 days of the department receiving such notice, except that such removals need not take place within 10 days if a state of emergency has been declared by the mayor, the governor of the state of New York, or by the president of the United States.
c. The department is not responsible for removing downed trees or vegetation, or any portion thereof, if such removal requires specialized equipment such as cutting tools, ropes, aerial lifts, or cranes.
d. This section does not interfere with the commissioner of parks and recreation’s jurisdiction or responsibilities over trees and vegetation pursuant to section 18-104.
(L.L. 2024/018, 1/20/2024, eff. 1/20/2024)