S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 9, 2013
Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities
AN ACT to amend the administrative code of the city of New York, in
relation to requiring the city of New York to repair any sidewalk
damaged by a tree under its exclusive care
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The administrative code of the city of New York is amended
by adding a new section 18-105.2 to read as follows:
S 18-105.2 TREES AND SIDEWALKS REPAIR PROGRAM. A. THE COMMISSIONER
SHALL ARRANGE FOR THE REPAIR OF ANY SIDEWALK FLAG DAMAGED BY THE GROWTH
OF ROOTS OF ANY TREE UNDER THE EXCLUSIVE CARE OF THE COMMISSIONER AND
THAT IS ADJACENT TO ANY CLASS ONE PROPERTY OR CLASS TWO PROPERTY THAT IS
A RESIDENTIAL CONDOMINIUM OR RESIDENTIAL COOPERATIVE, AS SUCH CLASSES OF
PROPERTY ARE DEFINED IN SUBDIVISION ONE OF SECTION EIGHTEEN HUNDRED TWO
OF THE REAL PROPERTY TAX LAW, THAT IS IN WHOLE OR IN PART OWNER OCCUPIED
AND USED EXCLUSIVELY FOR RESIDENTIAL PURPOSES OR ADJACENT TO ANY HOUSE
OF RELIGIOUS WORSHIP.
B. BEFORE MAKING THE SIDEWALK FLAG REPAIR, AS REQUIRED UNDER SUBDIVI-
SION A OF THIS SECTION, THE COMMISSIONER SHALL PRUNE THE ROOTS OF THE
TREE CAUSING THE DAMAGE TO THE SIDEWALK FLAG.
C. ALL SIDEWALK FLAG REPAIRS SHALL CONFORM WITH THE RULES AND SPECIFI-
CATIONS PROMULGATED BY THE COMMISSIONER OF TRANSPORTATION FOR SIDEWALK
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.