Commissioner. "Commissioner" shall mean the Commissioner of Sanitation of the City of New York.
Construction and demolition waste. "Construction and demolition waste" shall mean materials such as the non-putrescible waste products resulting from building demolition, construction, alteration and excavation, including but not limited to dirt, earth, plaster, concrete, rock, rubble, slag, ashes and waste timber and lumber.
Debris and litter. "Debris and litter" shall mean:
(1) any large items of solid waste including but not limited to such items as appliances, furniture, vehicles, auto parts;
(2) construction and demolition waste; and
(3) garbage and refuse.
Garbage and refuse. "Garbage and refuse" shall mean swill and every accumulation of both animal and vegetable matter, liquid or otherwise, that attends the preparation, decay, and dealing in, or storage of meat, fish, fowls, birds or vegetables.
Nuisance. "Nuisance" shall mean anything which is injurious to human health or offensive to the senses; interferes with the comfortable and proper enjoyment of life or property; and affects a community, neighborhood or any considerable number of persons.
Owner. "Owner" shall mean any person, firm, partnership, or corporation in whom the legal title to the property subject to these Rules and Regulations is vested.
Property. "Property" shall mean real property upon which a vacant lot or lots is situated.
Every owner of property shall take whatever action may be necessary to maintain such property in a clean and sanitary condition and free from the accumulation of debris and litter as would constitute a nuisance. In the event that such owner fails to maintain such property in such condition, the Commissioner shall notify such owner in writing of his failure to comply with these rules and regulations. Such notification shall be sent by registered mail to the owner's address as shown by the records of the Bureau of Collection of the Department of Finance. The notice shall advise the owner that, in the event the owner fails to clean the property within seven days of the date of his notice, the Department may enter upon his property, clean or abate the nuisance and charge him for the cost of such services. Such costs shall be determined by the total of the following charges: a) hourly wages paid to those employees of the Department, including supervisory personnel, for the time actually expended in cleaning, and removing and disposing of the debris and litter from the lot; b) costs for the disposal of debris and litter actually removed from the property by Department employees and which is delivered to and received at a Department disposal facility, or another facility which accepts solid waste for the purpose of subsequent transfer to another location for disposal, including the cost incurred by the Department to export the debris and litter for disposal out of the City at the time such material was removed from the property as such dollar amount is fixed contractually between the Department and a vendor providing export services to the Department; and c) equipment charge for any Department vehicle and equipment used to clean and remove such debris and litter determined by the fair market rental value of comparable vehicle or equipment; and an administrative cost equivalent to ten per cent of the above three charges. The Commissioner may determine that such work may be provided by contract when necessary.
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