S T A T E   O F   N E W   Y O R K
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                                   1780
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 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].
   § 2. Section 92 of the second class cities law is amended to  read  as
 follows:
   § 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

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

                                                            LBD01229-01-7

 S. 1780                             2

 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
 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.]
   § 3. Section 16-123 of the administrative code of the city of New York
 is REPEALED.
   § 4. Section 19-152 of the administrative code of the city of New York
 is REPEALED.
   § 5. The general municipal law is amended by adding a new section 96-c
 to read as follows:
   § 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.
   § 6. This act shall take effect immediately.