§ 17-09 Revocation.

Permits are revocable at the will of the Commissioner upon thirty (30) days' written notice of the proposed revocation, except in the case of emergencies that present immediate risks to water quality, City infrastructure(s) or to the health of employees or members of the public. Reasons for revocation include, but are not limited to, the following:

   •   violation by the permittee of any regulation or condition(s) of the Permit,

   •   failure to pay Permit fees,

   •   failure to maintain improvement or structure allowed by such Permit,

   •   failure to provide proof of insurance, and

   •   DEP's need to use its land for water supply operations.

Such revocation, other than for DEP's need to use its land for water supply purposes, may be cured by the permittee within the thirty (30) day written notice period. Failure by DEP to revoke a Permit shall not prohibit DEP from exercising any other legal remedies available.

§ 17-10 Permittee's Improvements to be Removed and City Property Restored on Notice of Permit Revocation or Permit Termination.

Upon Permit revocation, any improvements belonging to the permittee must be removed from City property, at the permittee's expense, within thirty (30) days of such revocation unless otherwise authorized by DEP in writing. The property must be restored by the permittee or DEP in accordance with 15 RCNY § 17-08(c) within thirty (30) days of revocation or as otherwise agreed upon. Any improvement(s) remaining on City property beyond thirty (30) days of the written notice shall be considered abandoned and title to such improvement(s) shall become vested in the City, at the City's option. Should the City elect to take title, the improvement(s) shall be disposed as the Commissioner may direct in lieu of any other procedure for the disposition of abandoned property required or permitted by law, and the former permittee waives any right to assert a claim against DEP pursuant to the provisions of the New York State Personal Property Law, Abandoned Property Law or any such other procedure. DEP shall seek reimbursement for any costs incurred for the removal of any such improvement(s) and shall also seek forfeiture of any bond provided.

§ 17-11 Title of Property.

Title and ownership of all City property, including all natural resources above, on and beneath the property, such as, but not limited to, minerals, soils, trees and metals upon, in or under the land shall remain and be vested in the City of New York. Removal of City resources from any Permitted location, unless approved in writing in advance by DEP, is strictly prohibited and will be prosecuted to the fullest extent of the law.