S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9092

                          I N  A S S E M B L Y

                            January 25, 2016
                               ___________

Introduced  by  M.  of  A.  DenDEKKER,  BENEDETTO, COOK, LENTOL, MILLER,
  ROZIC, SIMANOWITZ, SIMON, TITONE, WEPRIN -- read once and referred  to
  the Committee on Local Governments

AN  ACT  to  amend  the  town  law, the second class cities law, and the
  general municipal law, in relation to the  maintenance  of  sidewalks;
  and to repeal sections 16-123 and 19-152 of the administrative code of
  the city of New York relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 130 of the town law is amended  to
read as follows:
  4.  Sidewalks.  Regulating  the manner of construction, reconstruction
and repair of sidewalks, the materials to be used, the  grades  and  the
widths  thereof  and  prohibiting  any  construction,  reconstruction or
repair which does not comply with such regulations[; requiring the owner
and occupant of premises abutting on any street  where  a  sidewalk  has
been  laid,  to  keep  the  sidewalk in front of such premises, free and
clear from snow, ice, dirt and other obstructions and upon default ther-
eof provide for the removal thereof at the expense of the owners of such
premises and that such charge shall become  a  lien  upon  the  premises
benefited thereby, until paid].
  S  2.  Section 92 of the second class cities law is amended to read as
follows:
  S 92. Repair of sidewalks; removal of snow and ice.  The  commissioner
of  public  works  shall  have  full power and authority to [require the
owner of property abutting upon a street to]  repair  any  sidewalk  [in
front  thereof]  ABUTTING UPON A STREET or bring the same to true grade,
and to remove the snow and ice therefrom. [Where the owner of such prop-
erty shall fail or neglect to repair any sidewalk or bring the  same  to
true  grade  for five days after written notice so to do has been served
on him, either personally or by delivering the same at his residence, or
if he be a non-resident by mailing the same to him  at  his  last  known
place  of  residence,  or if the name of the owner or his place of resi-
dence can not be ascertained after due diligence, by posting the same in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13151-01-5

A. 9092                             2

a conspicuous place upon the premises; or where the owner  of  any  such
premises  shall  fail  or  neglect  to remove snow and ice from any such
sidewalk after the same has remained thereon for more than twelve hours,
and  the  commissioner  shall have repaired such sidewalk or brought the
same to grade or removed the ice or  snow  therefrom,  a  bill  for  the
expenses  incurred thereby shall be presented to the owner personally or
by leaving the same at his residence or, if he  be  a  non-resident,  by
mailing the same to him at his last known place of residence, or, if the
name  of  such  owner  or  his place of residence can not be ascertained
after due diligence, by posting the same in a conspicuous place  on  the
premises;  and,  if he shall fail to pay the same within ten days there-
after, the commissioner shall file each year immediately  preceding  the
time for making the annual assessment-roll his certificate of the actual
cost  of the work, together with a statement as to the property in front
of which the repairing or grading or cleaning was done, with the  asses-
sors  of the city, who shall, in the preparation of the next assessment-
roll of general city taxes, assess such amount upon such  property,  and
the  same shall be levied, corrected, enforced and collected in the same
manner, by the same proceedings, at the same time, under the same penal-
ties and having the same lien upon the property assessed as the  general
city tax and as a part thereof.]
  S 3. Section 16-123 of the administrative code of the city of New York
is REPEALED.
  S 4. Section 19-152 of the administrative code of the city of New York
is REPEALED.
  S 5. The general municipal law is amended by adding a new section 96-c
to read as follows:
  S  96-C.  MAINTENANCE OF SIDEWALKS. THE GOVERNING BOARD OF ANY COUNTY,
CITY, TOWN OR VILLAGE SHALL REGULATE THE  CONSTRUCTION,  MAINTENANCE  OR
USE  OF  SIDEWALKS  ABUTTING  STREETS  WITHIN  THE COUNTY, CITY, TOWN OR
VILLAGE; PROVIDED, HOWEVER, THAT NO COUNTY, CITY, TOWN OR VILLAGE  SHALL
REQUIRE  THE  OWNERS  OF PROPERTY ABUTTING SUCH STREETS TO MAINTAIN SUCH
SIDEWALKS.
  S 6. This act shall take effect immediately.