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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.
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.
If any clause, sentence, paragraph, subdivision, section, rule or part of this chapter shall be adjudged by any court or competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, rule or part thereof directly involved in the controversy in which such judgment shall have been rendered.
These rules are intended to repeal those rules entitled Issuance of Temporary Permits for the Occupation of City Property, effective September 2, 2001; provided, however, that with respect to Permits issued before the effective date of these rules, all restrictions, conditions and requirements upon the permittee contained in the earlier rules shall remain in effect until such Permit is renewed, cancelled, terminated or revoked.