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a. Every owner, lessee, tenant, occupant, or other person, having charge of any building or lot of ground in the city, abutting upon any street where the sidewalk is paved, shall, within four hours after the snow ceases to fall, or after the deposit of any dirt or other material upon such sidewalk, remove the snow or ice, dirt, or other material from the sidewalk and gutter, the time between nine post meridian and seven ante meridian not being included in the above period of four hours. Such removal shall be made before the removal of snow or ice from the roadway by the commissioner or subject to the regulations of such commissioner. In the boroughs of Queens and Staten Island, any owner, lessee, tenant or occupant or other person who has charge of any ground abutting upon any paved street or public place, for a linear distance of five hundred feet or more, shall be considered to have complied with this section, if such person shall have begun to remove the snow or ice from the sidewalk and gutter before the expiration of such four hours and shall continue and complete such removal within a reasonable time.
b. In case the snow and ice on the sidewalk shall be frozen so hard that it cannot be removed without injury to the pavement, the owner, lessee, tenant, occupant or other person having charge of any building or lot of ground as aforesaid, may, within the time specified in the preceding subdivision, cause the sidewalk abutting on such premises to be strewed with ashes, sand, sawdust, or some similar suitable material, and shall, as soon thereafter as the weather shall permit, thoroughly clean such sidewalks.
c. [Reserved.]
d. Whenever any owner, lessee, tenant, occupant, or other person having charge of any building or lot of ground, abutting upon any street or public place where the sidewalk is paved, shall fail to comply with the provisions of this section, the commissioner may cause such removal to be made.
e. The expense of such removal as to each particular lot of ground shall be ascertained and certified by the commissioner to the comptroller, who shall pay the same in the same manner as the expense of removing snow from the streets is paid. Upon the payment of such expense, the comptroller shall deliver a certificate thereof to the council and the amount of such expense shall be added to and made to form a part of the annual taxes of the next ensuing fiscal year against such property, and the same shall be collected in and with and as part of the annual taxes for such fiscal year. The corporation counsel is directed and may sue for and recover the amount of such expense.
f. This section shall not be regarded as interfering with the owner of any lots throwing into the roadway of the streets any snow or ice which may be removed from the sidewalk or gutter directly in front of such lot.
g. The term "lot" as used in this section shall include a space not to exceed twenty-five feet in width fronting the street upon which the violation is charged to have been permitted, committed or omitted.
h. Any person violating the provisions of subdivisions (a) or (b) of this section shall be liable and responsible for a civil penalty of not less than ten dollars nor more than one hundred fifty dollars for the first violation, except that for a second violation of subdivision (a) or (b) within any twelve-month period such person shall be liable for a civil penalty of not less than one hundred fifty dollars nor more than two hundred fifty dollars and for a third or subsequent violation of subdivision (a) or (b) within any twelve-month period such person shall be liable for a civil penalty of not less than two hundred fifty dollars nor more than three hundred fifty dollars.
i. In the instance where the notice of violation, appearance ticket or summons is issued for breach of the provisions of this section and sets forth thereon civil penalties only, such process shall be returnable to the environmental control board, which shall have the power to impose the civil penalties hereinabove provided in subdivision h of this section.
j. In the event that a violator fails to answer such notice of violation, appearance ticket or summons within the time provided therefor by the rules and regulations of the environmental control board, he or she shall become liable for additional penalties. The additional penalties shall not exceed three hundred fifty dollars for each violation.
(Am. L.L. 2016/149, 12/6/2016, eff. 3/6/2017)
a. The following terms shall have the following meanings for purposes of this section:
(1) The term "bus shelter" shall mean a location that has a cover or ceiling and is intended to be used as shelter for individuals waiting to board a New York city transit authority vehicle, and shall include three feet on any open side of such shelter and to the curb on all portions of the sidewalk covered under this provision.
(2) The term "bus stop" shall mean a location that is not a bus shelter, designated by signage for New York city transit authority vehicles to pick up or discharge passengers, which location includes five feet of the sidewalk and the gutter immediately adjacent to the curb for the portion of such curb.
(3) The term "curb cut" shall have the same meaning as defined in section 27-480 of the code.
(4) The term "pedestrian median" shall mean a direct path between curb cuts on a median strip dividing a roadway or, where no curb cuts exist on such a median strip, the portion of the median strip designed to be traversed by pedestrians in order to cross the roadway that such median strip divides.
(5) The term "primary street" shall mean a street that is determined by the department to be of the first priority for purposes of snow plowing and/or removal.
(6) The term "snow event" shall mean any snowfall equal to or in excess of six inches within a period of twenty-four hours in any of the five boroughs based on the department of sanitation's measurements.
b. Beginning on November fifteenth, 2011, and on every November fifteenth thereafter, the commissioner shall submit to the council and make available to the public on the city's website a snow plowing and removal plan for each borough that shall include, but not be limited to, the following:
(1) The address of each department garage and other department facility within the borough identified by district or section and the number of uniformed department employees assigned to each such garage or facility for purposes of addressing snow conditions;
(2) An inventory by district of department-owned snow management equipment and resources and a city-wide inventory of other city-owned snow management equipment and resources that could, if available, be used during a snow event, as determined by city officials and the agency, office, agencies or offices responsible for the deployment of such city-owned snow management equipment and resources;
(3) (i) Definitions of each of the priority designation categories, including criteria for making such designations and any changes to the previous year's priority designation category and the reasons for such changes; and (ii) a link to a website on which a map of each community district with the priority designation categories for each street in such district is viewable;
(4) How the department plans to address the following types of tasks during a snow event: (i) plowing and/or removal of snow and ice from streets within each borough; (ii) plowing and/or removal of snow and ice from curb cuts and pedestrian medians at intersections on primary streets; (iii) plowing and/or removal of snow and ice from crosswalks, sidewalks adjacent to parks and bus stops; and (iv) dispersal of salt, sand or other material applied to roads in icy or snowy conditions; and
(5) The commissioner shall designate and identify the following: (i) the borough chief or chiefs who will be responsible for the implementation of the applicable borough-specific snow plan; (ii) department personnel who will report to the office of emergency management on a city-wide basis during snow events and who will be directly responsible for communicating with such office and the department; and (iii) personnel from the department's customer service and government relations offices who will communicate on a borough-by-borough basis with council members, community boards and the borough presidents in order to provide, receive and respond to information from such elected officials and community boards regarding snow event conditions.
c. Beginning on October first, two thousand eleven, and every October first thereafter, the commissioner shall submit a draft snow plowing and removal plan for each borough for comment to the council members, community boards and borough president from that borough. Amendments to the draft plan shall be included in the final snow plowing and removal plan for each borough to be issued no later than November fifteenth of each year pursuant to this section.
a. In case of a snowfall or other emergency, the commissioner may employ and hire temporarily as many persons, vehicles, machinery and equipment as shall be rendered necessary by such emergency, forthwith reporting, in the case of a snowfall, the number of such persons, vehicles, machinery and equipment and in the case of any other emergency such action with the full particulars thereof to the mayor, but in the case of a snowfall no such person, vehicles, machinery or equipment shall be so hired or employed for a longer period than seven days and in the case of any other emergency for a longer period than three days.
b. All such employees shall be employed directly by the department and not through contractors or other persons, unless the commissioner shall determine that this requirement must for proper action in a particular instance be dispensed with.
c. The services of any person employed, and of vehicles, machinery and equipment hired pursuant to this section, shall be paid for in full and directly by the department, at such times as may be prescribed by the commissioner.
d. In all emergency work performed by laborers in the removal of snow where workers are engaged by the hour or day by a contractor employed for the purpose, such work shall be paid for directly to those individuals employed on it, in the currency of the United States and not by check or ticket. Every contractor engaged in the removal of snow shall be required to stipulate with the commissioner or others empowered to enter into contracts for that purpose, as the case may be, to observe the provisions of this subdivision, a violation of which shall be deemed to abrogate any such contract.
a. In all cases where the sidewalk or roadway of a street shall be incumbered or obstructed by the caving in or falling off of any earth, rocks or rubbish, or anything whatever, from any lot adjoining such sidewalk or roadway, the owner or occupant of such lot, or the agent of such owner or occupant, shall cause such earth, rocks, rubbish or other thing to be removed and cleaned from such sidewalk or roadway, within three days after a written or printed notice shall have been served by the commissioner or a duly designated representative, on such owner, personally, or shall have been left at the place of residence of such owner in this city; or, if such owner does not reside in the city, and such notice shall not be personally served, then within twenty days after such notice to be sent by mail, addressed to such owner at his or her place of residence, or, when such residence is unknown to such commissioner, within twenty days after such notice shall have been posted in a conspicuous place on such premises.
b. If the owner, occupant or agent fails to comply with such notice, within the time specified in this section, after notice thereof, the commissioner shall cause the same to be removed at the expense of the owner, occupant or agent, and such expense shall be sued for and recovered in the name of the city.
c. The corporation counsel shall cause a statement of such cost and expense, together with the description of the premises, to be filed in the office of the register or county clerk of the appropriate county.
d. Any person convicted of a violation of any of the provisions of this section shall be punished by a fine of not less than fifty dollars nor more than two hundred fifty dollars, imprisonment for not more than ten days, or both.
e. Any person violating the provisions of this section shall be liable and responsible for a civil penalty of fifty dollars.
f. In the instance where the notice of violation, appearance ticket or summons is issued for a breach of the provisions of this section and sets forth thereon civil penalties only, such process shall be returnable to the environmental control board, which shall have the power to impose the civil penalties hereinabove provided in subdivision e of this section.
g. In the event that a violator fails to answer such notice of violation, appearance ticket or summons within the time provided therefor by the rules and regulations of the environmental control board, such violator shall become liable for additional penalties. The additional penalties shall not exceed fifty dollars for each violation.
(Am. 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.
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