2. "AREA MEDIAN INCOME" MEANS THE INCOME LIMITS AS DEFINED ANNUALLY BY
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE NEW
YORK, NY HUD METRO FMR AREA (HMFA), AS ESTABLISHED IN SECTION THREE OF
THE HOUSING ACT OF NINETEEN HUNDRED THIRTY-SEVEN, AS AMENDED.
3. "DWELLING UNIT" HAS THE MEANING ASCRIBED TO SUCH TERM IN THE HOUS-
ING MAINTENANCE CODE.
4. "FULL OBSTRUCTION" MEANS THE OCCUPATION OF THE ENTIRE LENGTH OF A
CURB LANE, VEHICULAR TRAVEL LANE, OR SIDEWALK FOR CONSTRUCTION-RELATED
ACTIVITY WHERE THERE IS A PERMIT ISSUED TO CLOSE SUCH LENGTH TO MOTOR
VEHICLES, PEDESTRIANS, OR BICYCLISTS.
5. "PARTIAL OBSTRUCTION" MEANS THE OCCUPATION OF ALL OR A PORTION OF A
LENGTH OF A SIDEWALK FOR CONSTRUCTION-RELATED ACTIVITY WHERE THERE IS A
PERMIT ISSUED TO PROVIDE A TEMPORARY PEDESTRIAN PATHWAY, EITHER IN THE
CURB LANE, ON THE SIDEWALK, OR WITHIN THE BUILDING ENVELOPE OF AN ADJA-
CENT STRUCTURE.
6. "PEDESTRIAN PLAZA" MEANS AN AREA DESIGNATED BY THE DEPARTMENT OF
TRANSPORTATION IN THE CITY OF NEW YORK FOR PEDESTRIAN CIRCULATION, USE
AND ENJOYMENT ON PROPERTY UNDER THE JURISDICTION OF SUCH DEPARTMENT
INCLUDING, BUT NOT LIMITED TO, PROPERTY MAPPED AS A PUBLIC PLACE OR
PROPERTY WITHIN THE BED OF A ROADWAY, AND WHICH MAY CONTAIN AMENITIES
SUCH AS TABLES, SEATING, TREES, PLANTS, LIGHTING, BIKE RACKS, OR PUBLIC
ART.
7. "PERSON" MEANS A NATURAL PERSON, CO-PARTNERSHIP, FIRM, COMPANY,
ASSOCIATION, JOINT STOCK ASSOCIATION, CORPORATION OR OTHER LIKE ORGAN-
IZATION.
§ 1712. ESTABLISHMENT OF SURCHARGE FOR OBSTRUCTION OR CLOSURE OF A
STREET FOR CONSTRUCTION ACTIVITY. 1. NOTWITHSTANDING THE PROVISIONS OF
ANY LAW TO THE CONTRARY, EVERY CITY HAVING A POPULATION OF ONE MILLION
OR MORE, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY, IS HEREBY AUTHORIZED
AND EMPOWERED TO ADOPT, AMEND OR REPEAL LOCAL LAWS IMPOSING A SURCHARGE
WITHIN ITS TERRITORIAL LIMITS ON THE ISSUANCE OF ANY PERMIT RELATING TO
THE OBSTRUCTION OR CLOSURE OF A STREET OR PEDESTRIAN PLAZA FOR THE
PURPOSE OF CONSTRUCTION REQUIRED FOR:
(A) PLACING CONSTRUCTION MATERIAL ON A STREET DURING WORKING HOURS;
(B) PLACING CONSTRUCTION EQUIPMENT OTHER THAN CRANES OR DERRICKS ON A
STREET DURING WORKING HOURS;
(C) TEMPORARILY CLOSING A SIDEWALK;
(D) CONSTRUCTING A TEMPORARY PEDESTRIAN WALK IN A ROADWAY;
(E) TEMPORARILY CLOSING A ROADWAY;
(F) PLACING A SHANTY OR TRAILER ON A STREET;
(G) CROSSING A SIDEWALK;
(H) PLACING A CRANE OR DERRICK ON A STREET DURING WORKING HOURS;
(I) STORING CONSTRUCTION MATERIAL ON A STREET DURING NON-WORKING
HOURS;
(J) STORING CONSTRUCTION EQUIPMENT ON A STREET DURING NON-WORKING
HOURS; OR
(K) OTHER CONSTRUCTION ACTIVITY THAT REQUIRES THE ISSUANCE OF A PERMIT
BY THE DEPARTMENT OF TRANSPORTATION IN A CITY HAVING A POPULATION OF ONE
MILLION OR MORE FOR THE OBSTRUCTION OR CLOSURE OF A STREET OR PEDESTRIAN
PLAZA.
2. THE RATE OF SUCH SURCHARGE SHALL BE IMPOSED BASED ON A SCHEDULE
THAT TAKES INTO CONSIDERATION THE GEOGRAPHICAL ZONE IN WHICH THE PERMIT
IS ISSUED AND IN NO CASE SHALL BE:
(A) FOR A PERMIT FOR THE PARTIAL OBSTRUCTION OF A SIDEWALK, LESS THAN
FIFTY CENTS OR MORE THAN FIFTY DOLLARS FOR UP TO AND INCLUDING TEN LINE-
AR FEET OF SIDEWALK PER DAY;
S. 7936 3
(B) FOR A PERMIT FOR THE FULL OBSTRUCTION OF A SIDEWALK, LESS THAN
TWENTY DOLLARS OR MORE THAN ONE THOUSAND DOLLARS FOR UP TO AND INCLUDING
ONE HUNDRED LINEAR FEET OF SIDEWALK PER DAY;
(C) FOR A PERMIT FOR THE FULL OBSTRUCTION OF A CURB LANE, LESS THAN
TEN DOLLARS OR MORE THAN ONE HUNDRED DOLLARS FOR UP TO AND INCLUDING TEN
LINEAR FEET OF CURB LANE PER DAY;
(D) FOR A PERMIT FOR THE FULL OBSTRUCTION OF A VEHICULAR TRAVEL LANE,
LESS THAN TWO HUNDRED DOLLARS OR MORE THAN TWO THOUSAND DOLLARS FOR UP
TO AND INCLUDING ONE HUNDRED LINEAR FEET OF VEHICULAR TRAVEL LANE PER
DAY; AND
(E) FOR A PERMIT FOR THE FULL OBSTRUCTION OF ANY PORTION OF A PEDES-
TRIAN PLAZA, LESS THAN TEN CENTS OR MORE THAN ONE DOLLAR AND TWENTY-FIVE
CENTS FOR UP TO AND INCLUDING TEN SQUARE FEET OF PEDESTRIAN PLAZA PER
DAY.
3. ANY LOCAL LAW ENACTED PURSUANT TO THIS ARTICLE MAY AUTHORIZE A
REDUCTION OF THE SURCHARGE IMPOSED FOR THE INITIAL THREE HUNDRED SIXTY-
FIVE DAYS FOR WHICH A PERMIT HAS BEEN ISSUED, AT A RATE NO MORE THAN:
(A) SIXTY PERCENT OF THE SURCHARGE DUE FOR DAYS ONE THROUGH NINETY;
AND
(B) FORTY PERCENT OF THE SURCHARGE DUE FOR DAYS NINETY-ONE THROUGH
THREE HUNDRED SIXTY-FIVE.
4. ANY LOCAL LAW ENACTED PURSUANT TO THIS ARTICLE MAY AUTHORIZE A
REDUCTION OF THE SURCHARGE IMPOSED TO THE EXTENT A PERMIT IS ISSUED FOR
CONSTRUCTION RELATING TO THE CREATION OR PRESERVATION OF AFFORDABLE
HOUSING UNITS. SUCH REDUCTION SHALL BE IN PROPORTION TO THE PERCENTAGE
OF AFFORDABLE HOUSING UNITS CREATED OR PRESERVED.
§ 1713. APPLICATION AND EXEMPTIONS. 1. SURCHARGE TO BE IN ADDITION TO
MONIES OWED. ANY SURCHARGE IMPOSED UNDER THE AUTHORITY OF THIS ARTICLE
SHALL BE IN ADDITION TO ANY AND ALL OTHER FEES OR TAXES AUTHORIZED OR
IMPOSED UNDER ANY OTHER PROVISION OF LAW. THIS ARTICLE SHALL NOT BE
CONSTRUED AS LIMITING THE POWER OF ANY CITY, COUNTY OR SCHOOL DISTRICT
TO IMPOSE ANY OTHER FEE OR TAX WHICH IT IS AUTHORIZED TO IMPOSE UNDER
ANY OTHER PROVISION OF LAW.
2. ANY LOCAL LAW ENACTED PURSUANT TO THIS ARTICLE SHALL EXEMPT FROM
THE SURCHARGE AUTHORIZED HEREIN ANY PERMIT ISSUED TO:
(A) THE STATE OF NEW YORK, OR ANY OF ITS AGENCIES, INSTRUMENTALITIES,
PUBLIC CORPORATIONS OR POLITICAL SUBDIVISIONS WHERE IT IS THE PERMITTEE;
(B) THE UNITED STATES OF AMERICA, AND ANY OF ITS AGENCIES AND INSTRU-
MENTALITIES, INSOFAR AS IT IS IMMUNE FROM TAXATION WHERE IT IS THE
PERMITTEE; OR
(C) ANY PERSON WHERE THE CONSTRUCTION FOR WHICH SUCH PERMIT IS ISSUED
RELATES TO THE CREATION OR PRESERVATION OF AFFORDABLE HOUSING UNITS;
PROVIDED THAT SUCH AFFORDABLE HOUSING UNITS CONSTITUTE NO LESS THAN
FIFTY PERCENT OF THE TOTAL NUMBER OF DWELLING UNITS CREATED OR PRESERVED
BY SUCH CONSTRUCTION.
§ 1714. ADMINISTRATION AND COLLECTION OF SURCHARGE. 1. THE SURCHARGE
AUTHORIZED BY SECTION SEVENTEEN HUNDRED TWELVE OF THIS ARTICLE SHALL BE
ADMINISTERED AND COLLECTED IN SUCH MANNER AS MAY BE PROVIDED IN LOCAL
LAWS WITH SUCH AMENDMENTS IN RESPECT TO ADMINISTRATION AND COLLECTION AS
MAY BE ENACTED, INCLUDING THROUGH THE COMMENCEMENT OF ACTIONS AND ISSU-
ANCE OF TAX WARRANTS IN A MANNER CONSISTENT WITH THE COMMENCEMENT OF
ACTIONS AND ISSUANCE OF WARRANTS PURSUANT TO SUBDIVISIONS A, B AND D OF
SECTION 11-1614 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
2. ANY LOCAL LAW ENACTED PURSUANT TO THIS ARTICLE SHALL REQUIRE THAT
THE SURCHARGE BE PAID TO THE AGENCY ISSUING THE PERMIT PRIOR TO THE
S. 7936 4
ISSUANCE OR RENEWAL OF SUCH PERMIT FOR THE TERM OF SUCH PERMIT, IN A
FORM AND MANNER DETERMINED BY SUCH AGENCY.
3. SUCH SURCHARGE SHALL NOT BE REFUNDABLE EXCEPT WHERE A REDUCTION FOR
SUCH SURCHARGE IS AUTHORIZED PURSUANT TO SUBDIVISION FOUR OF SECTION
SEVENTEEN HUNDRED TWELVE OF THIS ARTICLE AND AN APPLICATION FOR SUCH
REDUCTION IS FILED WITH THE DEPARTMENT OF TRANSPORTATION NO LATER THAN:
(A) EIGHTEEN MONTHS AFTER EXECUTION OF: (I) AN AGREEMENT WITH A FEDERAL,
STATE OR LOCAL GOVERNMENT ENTITY, PUBLIC BENEFIT CORPORATION OR PUBLIC
HOUSING AUTHORITY, RELATING TO THE CREATION OR PRESERVATION OF AFFORDA-
BLE HOUSING UNITS; OR (II) A SIMILAR INSTRUMENT; OR (B) EIGHTEEN MONTHS
AFTER PAYMENT OF SUCH SURCHARGE.
§ 1715. LIMITATIONS ON ASSESSMENT OF SURCHARGE. EXCEPT IN THE CASE OF
A WILLFULLY FALSE OR FRAUDULENT PERMIT APPLICATION WITH INTENT TO EVADE
THE SURCHARGE AUTHORIZED BY THE PROVISIONS OF THIS ARTICLE, NO ASSESS-
MENT OF ADDITIONAL SURCHARGE SHALL BE MADE WITH RESPECT TO THE SURCHARGE
IMPOSED UNDER THE AUTHORITY OF THIS ARTICLE, AFTER THE EXPIRATION OF
MORE THAN THREE YEARS FROM THE DATE OF THE PERMIT APPLICATION OR RENEWAL
THEREOF, PROVIDED, HOWEVER, THAT WHERE NO SUCH APPLICATION HAS BEEN
FILED, OR WHERE THERE HAS BEEN A CHANGE RELATING TO THE USE OF THE
STREET OR PEDESTRIAN PLAZA FOR WHICH A PERMIT HAS BEEN ISSUED THAT WOULD
INCREASE THE AMOUNT OF SURCHARGE LIABILITY, AS PROVIDED BY LAW, THE
SURCHARGE MAY BE ASSESSED AT ANY TIME. WHERE A PERSON SUBJECT TO THE
SURCHARGE AUTHORIZED BY THE PROVISIONS OF THIS ARTICLE MAKES A CHANGE OR
CORRECTION TO A PERMIT THAT HAS BEEN ISSUED, AS PROVIDED BY LAW, AN
ASSESSMENT MAY BE MADE AT ANY TIME WITHIN TWO YEARS AFTER THE APPLICA-
TION FOR SUCH PERMIT WAS FILED. ANY LOCAL LAW ENACTED PURSUANT TO THIS
ARTICLE SHALL AUTHORIZE ENFORCEMENT REMEDIES, INCLUDING BUT NOT LIMITED
TO THE IMPOSITION OF CIVIL PENALTIES IN AN AMOUNT NO GREATER THAN TEN
PERCENT OF SUCH SURCHARGE WHERE A PERSON SUBJECT TO THE SURCHARGE
AUTHORIZED BY THE PROVISIONS OF THIS ARTICLE FAILS TO PAY SUCH SURCHARGE
BY FAILING TO SUBMIT THE REQUIRED PERMIT APPLICATION.
§ 1716. JUDICIAL REVIEW. ANY FINAL DETERMINATION OF THE AMOUNT OF ANY
SURCHARGE PAYABLE UNDER THIS ARTICLE SHALL BE REVIEWABLE FOR ERROR,
ILLEGALITY OR UNCONSTITUTIONALITY OR ANY OTHER REASON WHATSOEVER BY A
PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND
RULES IF APPLICATION THEREFOR IS MADE TO THE SUPREME COURT WITHIN FOUR
MONTHS AFTER THE GIVING OF THE NOTICE OF SUCH FINAL DETERMINATION,
PROVIDED, HOWEVER, THAT ANY SUCH PROCEEDING UNDER ARTICLE SEVENTY-EIGHT
OF THE CIVIL PRACTICE LAW AND RULES SHALL NOT BE INSTITUTED BY A PERSON
LIABLE FOR SUCH SURCHARGE UNLESS: 1. THE AMOUNT OF ANY SURCHARGE SOUGHT
TO BE REVIEWED, WITH SUCH INTEREST AND PENALTIES THEREON AS MAY BE
PROVIDED FOR BY LOCAL LAW OR REGULATION, SHALL BE FIRST DEPOSITED AND
THERE IS FILED AN UNDERTAKING, ISSUED BY A SURETY COMPANY AUTHORIZED TO
TRANSACT BUSINESS IN THIS STATE AND APPROVED BY THE SUPERINTENDENT OF
FINANCIAL SERVICES OF THIS STATE AS TO SOLVENCY AND RESPONSIBILITY, IN
SUCH AMOUNT AS A JUSTICE OF THE SUPREME COURT SHALL APPROVE TO THE
EFFECT THAT IF SUCH PROCEEDING BE DISMISSED OR SURCHARGE CONFIRMED SUCH
LIABLE PERSON WILL PAY ALL COSTS AND CHARGES WHICH MAY ACCRUE IN THE
PROSECUTION OF SUCH PROCEEDING; OR 2. AT THE OPTION OF SUCH LIABLE
PERSON, SUCH UNDERTAKING MAY BE IN A SUM SUFFICIENT TO COVER THE
SURCHARGE, INTEREST AND PENALTIES STATED IN SUCH DETERMINATION, PLUS THE
COSTS AND CHARGES WHICH MAY ACCRUE AGAINST SUCH LIABLE PERSON IN THE
PROSECUTION OF THE PROCEEDING, IN WHICH EVENT THE LIABLE PERSON SHALL
NOT BE REQUIRED TO PAY SUCH SURCHARGE, INTEREST OR PENALTIES AS A CONDI-
TION PRECEDENT TO THE APPLICATION.
S. 7936 5
§ 2. Title 11 of the administrative code of the city of New York is
amended by adding a new chapter 32 to read as follows:
CHAPTER 32
SURCHARGE ON ISSUANCE OF A PERMIT FOR OBSTRUCTING OR CLOSING THE
STREET FOR CONSTRUCTION PURPOSES
SECTION 11-3200 APPLICABILITY.
11-3201 DEFINITIONS.
11-3202 SURCHARGE FOR PERMIT TO OBSTRUCT OR CLOSE THE STREET FOR
CONSTRUCTION-RELATED PURPOSES.
11-3203 GENERAL POWERS OF THE COMMISSIONER OF TRANSPORTATION.
11-3204 PRESUMPTION AND BURDEN OF PROOF; PAYMENT OF SURCHARGE.
11-3205 RECORDS TO BE KEPT.
11-3206 EXEMPTIONS.
11-3207 DETERMINATION OF SURCHARGE.
11-3208 REMEDIES EXCLUSIVE.
11-3209 PROCEEDINGS TO RECOVER SURCHARGE.
11-3210 PENALTIES AND INTEREST.
11-3211 NOTICES AND LIMITATIONS OF TIME.
§ 11-3200 APPLICABILITY. THE PROVISIONS OF THIS CHAPTER SHALL ONLY
APPLY DURING ANY PERIOD IN WHICH A LOCAL LAW IMPLEMENTING ARTICLE
FORTY-FOUR-D OF THE VEHICLE AND TRAFFIC LAW IS NOT IN EFFECT, EXCEPT
THAT ANY PROVISION OF THIS CHAPTER RELATING TO THE COLLECTION, ADMINIS-
TRATION, OR ENFORCEMENT OF A SURCHARGE IMPOSED PURSUANT TO THIS CHAPTER
SHALL CONTINUE TO BE IN EFFECT DURING SUCH PERIOD AS IT RELATES TO SUCH
SURCHARGE.
§ 11-3201 DEFINITIONS. FOR PURPOSES OF THIS CHAPTER, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) AFFORDABLE HOUSING UNIT. THE TERM "AFFORDABLE HOUSING UNIT" MEANS
A RESIDENTIAL DWELLING UNIT THAT MUST BE AFFORDABLE TO RESIDENTS AT OR
BELOW A SPECIFIC INCOME LEVEL, PROVIDED THAT SUCH LEVEL DOES NOT EXCEED
ONE HUNDRED SIXTY-FIVE PERCENT OF THE AREA MEDIAN INCOME, PURSUANT TO
STATUTE, REGULATION, RESTRICTIVE COVENANT OR DECLARATION, OR PURSUANT TO
A REGULATORY AGREEMENT WITH A FEDERAL, STATE, OR LOCAL GOVERNMENT ENTI-
TY, PUBLIC BENEFIT CORPORATION OR PUBLIC HOUSING AUTHORITY.
(B) AREA MEDIAN INCOME. THE TERM "AREA MEDIAN INCOME" MEANS THE INCOME
LIMITS AS DEFINED ANNUALLY BY THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) FOR THE NEW YORK, NY HUD METRO FMR AREA (HMFA), AS
ESTABLISHED IN SECTION THREE OF THE HOUSING ACT OF NINETEEN HUNDRED
THIRTY-SEVEN, AS AMENDED.
(C) CENTRAL BUSINESS DISTRICT. THE TERM "CENTRAL BUSINESS DISTRICT"
MEANS THE GEOGRAPHIC AREA OF THE BOROUGH OF MANHATTAN SOUTH OF AND
INCLUSIVE OF SIXTIETH STREET.
(D) CONSTRUCTION PERMIT. THE TERM "CONSTRUCTION PERMIT" MEANS A PERMIT
ISSUED BY THE DEPARTMENT OF TRANSPORTATION RELATING TO THE OBSTRUCTION
OR CLOSURE OF A STREET OR PEDESTRIAN PLAZA FOR THE PURPOSE OF
CONSTRUCTION THAT IS REQUIRED FOR:
(1) PLACING CONSTRUCTION MATERIAL ON A STREET DURING WORKING HOURS;
(2) PLACING CONSTRUCTION EQUIPMENT OTHER THAN CRANES OR DERRICKS ON A
STREET DURING WORKING HOURS;
(3) TEMPORARILY CLOSING A SIDEWALK;
(4) CONSTRUCTING A TEMPORARY PEDESTRIAN WALK IN A ROADWAY;
(5) TEMPORARILY CLOSING A ROADWAY;
(6) PLACING A SHANTY OR TRAILER ON A STREET;
(7) CROSSING A SIDEWALK;
(8) PLACING A CRANE OR DERRICK ON A STREET DURING WORKING HOURS;
S. 7936 6
(9) STORING CONSTRUCTION MATERIAL ON A STREET DURING NON-WORKING
HOURS;
(10) STORING CONSTRUCTION EQUIPMENT ON A STREET DURING NON-WORKING
HOURS; OR
(11) OTHER CONSTRUCTION ACTIVITY THAT REQUIRES THE ISSUANCE OF A
PERMIT BY THE DEPARTMENT OF TRANSPORTATION FOR THE OBSTRUCTION OR
CLOSURE OF A STREET OR PEDESTRIAN PLAZA.
(E) DWELLING UNIT. THE TERM "DWELLING UNIT" HAS THE MEANING ASCRIBED
TO SUCH TERM IN THE HOUSING MAINTENANCE CODE.
(F) FULL OBSTRUCTION. THE TERM "FULL OBSTRUCTION" MEANS THE OCCUPATION
OF THE ENTIRE LENGTH OF A CURB LANE, VEHICULAR TRAVEL LANE, OR SIDEWALK
FOR CONSTRUCTION-RELATED ACTIVITY WHERE THERE IS A PERMIT ISSUED TO
CLOSE SUCH LENGTH TO MOTOR VEHICLES, PEDESTRIANS, OR BICYCLISTS.
(G) PARTIAL OBSTRUCTION. THE TERM "PARTIAL OBSTRUCTION" MEANS THE
OCCUPATION OF ALL OR A PORTION OF A LENGTH OF A SIDEWALK FOR CONSTRUC-
TION-RELATED ACTIVITY WHERE THERE IS A PERMIT ISSUED TO PROVIDE A TEMPO-
RARY PEDESTRIAN PATHWAY, EITHER IN THE CURB LANE, ON THE SIDEWALK, OR
WITHIN THE BUILDING ENVELOPE OF AN ADJACENT STRUCTURE.
(H) PEDESTRIAN PLAZA. THE TERM "PEDESTRIAN PLAZA" MEANS AN AREA DESIG-
NATED BY THE DEPARTMENT OF TRANSPORTATION AS SUCH FOR PEDESTRIAN CIRCU-
LATION, USE AND ENJOYMENT ON PROPERTY UNDER THE JURISDICTION OF THE
DEPARTMENT INCLUDING, BUT NOT LIMITED TO, PROPERTY MAPPED AS A PUBLIC
PLACE OR PROPERTY WITHIN THE BED OF A ROADWAY, AND WHICH MAY CONTAIN
AMENITIES SUCH AS TABLES, SEATING, TREES, PLANTS, LIGHTING, BIKE RACKS,
OR PUBLIC ART.
(I) ROADWAY. THE TERM "ROADWAY" MEANS THAT PORTION OF A STREET
DESIGNED, IMPROVED OR ORDINARILY USED FOR VEHICULAR TRAVEL, EXCLUSIVE OF
THE SHOULDER AND SLOPE.
(J) SIDEWALK. THE TERM "SIDEWALK" MEANS THAT PORTION OF A STREET
BETWEEN THE CURB LINES, OR THE LATERAL LINES OF A ROADWAY, AND THE ADJA-
CENT PROPERTY LINES, BUT NOT INCLUDING THE CURB, INTENDED FOR THE USE OF
PEDESTRIANS.
§ 11-3202 SURCHARGE FOR PERMIT TO OBSTRUCT OR CLOSE THE STREET FOR
CONSTRUCTION-RELATED PURPOSES. (A) A SURCHARGE IS IMPOSED ON THE ISSU-
ANCE OF ANY CONSTRUCTION PERMIT.
(B) THE RATE OF SUCH SURCHARGE SHALL BE: (1) FOR A CONSTRUCTION PERMIT
FOR THE PARTIAL OBSTRUCTION OF A SIDEWALK, FIVE DOLLARS FOR UP TO AND
INCLUDING TEN LINEAR FEET OF SIDEWALK PER DAY, EXCEPT FOR IN THE CENTRAL
BUSINESS DISTRICT, WHERE THE RATE SHALL BE TEN DOLLARS FOR UP TO AND
INCLUDING TEN LINEAR FEET OF SIDEWALK PER DAY;
(2) FOR A CONSTRUCTION PERMIT FOR THE FULL OBSTRUCTION OF A SIDEWALK,
TWO HUNDRED DOLLARS FOR UP TO AND INCLUDING ONE HUNDRED LINEAR FEET PER
DAY, EXCEPT FOR IN THE CENTRAL BUSINESS DISTRICT WHERE THE RATE SHALL BE
FOUR HUNDRED DOLLARS FOR UP TO AND INCLUDING ONE HUNDRED LINEAR FEET PER
DAY;
(3) FOR A CONSTRUCTION PERMIT FOR THE FULL OBSTRUCTION OF A CURB LANE,
FIFTEEN DOLLARS FOR UP TO AND INCLUDING TEN LINEAR FEET OF CURB LANE PER
DAY, EXCEPT FOR IN THE CENTRAL BUSINESS DISTRICT WHERE THE RATE SHALL BE
THIRTY-FIVE DOLLARS FOR UP TO AND INCLUDING TEN LINEAR FEET PER DAY;
(4) FOR A CONSTRUCTION PERMIT FOR THE FULL OBSTRUCTION OF A VEHICULAR
TRAVEL LANE, THREE HUNDRED DOLLARS FOR UP TO AND INCLUDING ONE HUNDRED
LINEAR FEET OF VEHICULAR TRAVEL LANE PER DAY, EXCEPT FOR IN THE CENTRAL
BUSINESS DISTRICT WHERE THE RATE SHALL BE SEVEN HUNDRED DOLLARS FOR UP
TO AND INCLUDING ONE HUNDRED LINEAR FEET OF VEHICULAR TRAVEL LANE PER
DAY; AND
S. 7936 7
(5) FOR A CONSTRUCTION PERMIT FOR THE FULL OBSTRUCTION OF ANY PORTION
OF A PEDESTRIAN PLAZA, THIRTY CENTS FOR UP TO AND INCLUDING TEN SQUARE
FEET OF VEHICULAR TRAVEL LANE PER DAY, EXCEPT FOR IN THE CENTRAL BUSI-
NESS DISTRICT WHERE THE RATE SHALL BE SIXTY CENTS FOR UP TO AND INCLUD-
ING TEN SQUARE FEET OF PEDESTRIAN PLAZA PER DAY.
(C) SUCH RATE SHALL BE REDUCED FOR THE INITIAL THREE HUNDRED SIXTY-
FIVE DAYS FOR WHICH THE CONSTRUCTION PERMIT HAS BEEN ISSUED AS FOLLOWS:
(1) SIXTY PERCENT OF THE SURCHARGE DUE FOR DAYS ONE THROUGH NINETY;
AND
(2) FORTY PERCENT OF THE SURCHARGE DUE FOR DAYS NINETY-ONE THROUGH
THREE HUNDRED SIXTY-FIVE.
(D) SUCH RATE SHALL BE REDUCED IN PROPORTION TO THE PERCENTAGE OF
AFFORDABLE HOUSING UNITS CREATED OR PRESERVED.
§ 11-3203 GENERAL POWERS OF THE COMMISSIONER OF TRANSPORTATION. THE
COMMISSIONER OF TRANSPORTATION IS HEREBY AUTHORIZED AND EMPOWERED:
(A) TO MAKE, ADOPT AND AMEND RULES AND REGULATIONS APPROPRIATE TO THE
CARRYING OUT OF THIS CHAPTER AND THE PURPOSES THEREOF;
(B) TO PRESCRIBE METHODS FOR DETERMINING THE CONSTRUCTION PERMITS
ISSUED OR THE LENGTH OR AREA OF STREET OR PEDESTRIAN PLAZA OBSTRUCTED;
(C) TO REQUIRE CONSTRUCTION CONTRACTORS, CONSTRUCTION MANAGERS, DESIGN
ENGINEERS, OR OTHER PERSONS, AS APPLICABLE, TO MAINTAIN RECORDS WITH
RESPECT TO STREETS AND PEDESTRIAN PLAZAS OBSTRUCTED, AND TO FURNISH ANY
INFORMATION WITH RESPECT THERETO UPON REQUEST TO THE COMMISSIONER OF
TRANSPORTATION;
(D) TO ASSESS, DETERMINE AND READJUST THE SURCHARGE IMPOSED UNDER THIS
CHAPTER;
(E) (1) TO ADMINISTER OATHS AND TAKE AFFIDAVITS, OR TO CAUSE THE
EMPLOYEES OR OFFICERS OF THE DEPARTMENT OF TRANSPORTATION TO ADMINISTER
OATHS AND AFFIDAVITS IN RELATION TO ANY MATTER OR PROCEEDING IN THE
EXERCISE OF THEIR POWERS AND DUTIES UNDER THIS CHAPTER; AND
(2) TO SUBPOENA AND REQUIRE THE ATTENDANCE OF WITNESSES AND THE
PRODUCTION OF BOOKS, PAPERS AND DOCUMENTS TO SECURE INFORMATION PERTI-
NENT TO THE PERFORMANCE OF SUCH COMMISSIONER'S DUTIES PURSUANT TO THIS
CHAPTER AND OF THE ENFORCEMENT OF THIS CHAPTER AND TO EXAMINE THEM IN
RELATION THERETO, AND TO ISSUE COMMISSIONS FOR THE EXAMINATION OF
WITNESSES WHO ARE OUT OF THE STATE OR UNABLE TO ATTEND BEFORE SUCH
COMMISSIONER OR EXCUSED FROM ATTENDANCE;
(F) TO REMIT PENALTIES BUT NOT INTEREST; AND TO COMPROMISE DISPUTED
CLAIMS IN CONNECTION WITH THE SURCHARGE HEREBY IMPOSED; AND
(G) TO DELEGATE THE FUNCTIONS HEREUNDER TO AN ASSISTANT COMMISSIONER
OR DEPUTY COMMISSIONER OF TRANSPORTATION OR TO ANY EMPLOYEE OR EMPLOYEES
OF SUCH COMMISSIONER.
§ 11-3204 PRESUMPTION AND BURDEN OF PROOF; PAYMENT OF SURCHARGE. (A)
IF A STREET OR PEDESTRIAN PLAZA IS OBSTRUCTED WITHOUT THE ISSUANCE OF A
VALID CONSTRUCTION PERMIT, OR IF A STREET OR PEDESTRIAN PLAZA IS
OBSTRUCTED BEYOND THE AREA OR BEYOND THE TIME PERIOD AUTHORIZED IN A
CONSTRUCTION PERMIT, IN A MANNER THAT WOULD SUBJECT SUCH OBSTRUCTION TO
THE SURCHARGE DESCRIBED IN SECTION 11-3202 OF THIS CHAPTER, THERE SHALL
BE A REBUTTABLE PRESUMPTION THAT SUCH OBSTRUCTION IS SUBJECT TO THE
SURCHARGE. IF AN OBSTRUCTION IS OBSERVED BEYOND THE TIME PERIOD IN WHICH
SUCH OBSTRUCTION WAS AUTHORIZED IN A CONSTRUCTION PERMIT, THERE SHALL BE
A REBUTTABLE PRESUMPTION THAT SUCH OBSTRUCTION OCCURRED CONTINUOUSLY
UNTIL SUCH OBSERVATION. IF AN OBSTRUCTION IS OBSERVED BEYOND THE AREA IN
WHICH SUCH OBSTRUCTION WAS AUTHORIZED IN A CONSTRUCTION PERMIT, THERE
SHALL BE A REBUTTABLE PRESUMPTION THAT SUCH OBSTRUCTION OCCURRED CONTIN-
UOUSLY FROM THE POINT AT WHICH SUCH CONSTRUCTION PERMIT AUTHORIZED ANY
S. 7936 8
OBSTRUCTION. SUCH PRESUMPTION SHALL PREVAIL UNTIL THE CONTRARY IS ESTAB-
LISHED AND THE BURDEN OF PROVING THE CONTRARY SHALL BE UPON THE PERSON
TO WHOM THE CONSTRUCTION PERMIT IS ISSUED. SUCH SURCHARGE SHALL BE DUE
AGAINST THE PERSON TO WHOM THE CONSTRUCTION PERMIT IS ISSUED, OR IF NO
SUCH PERMIT WAS ISSUED, AGAINST THE PERSON CREATING SUCH OBSTRUCTION.
ANY PERSON UNDER CONTRACT WITH SUCH PERSON FOR THE PERFORMANCE OF WORK
OR OTHER ACTIVITY CREATING SUCH OBSTRUCTION SHALL ALSO BE LIABLE FOR
SUCH SURCHARGE.
(B) FOR THE PURPOSE OF PROPER ADMINISTRATION OF THIS CHAPTER AND TO
PREVENT EVASION OF THE SURCHARGE AUTHORIZED UNDER THIS CHAPTER, THE
SURCHARGE AUTHORIZED BY THIS CHAPTER SHALL BE DUE PRIOR TO ISSUANCE OF A
CONSTRUCTION PERMIT. THE PAYMENT SHALL BE MADE BY THE PERSON TO WHOM THE
CONSTRUCTION PERMIT IS ISSUED AND SHALL BE PAID TO THE DEPARTMENT OF
TRANSPORTATION IN ACCORDANCE WITH RULES OF SUCH DEPARTMENT.
(C) THE SURCHARGE SHALL NOT BE REFUNDABLE, EXCEPT WHERE A REDUCTION
FOR SUCH SURCHARGE IS AUTHORIZED PURSUANT TO SUBDIVISION (D) OF SECTION
11-3202 OF THIS CHAPTER AND AN APPLICATION FOR SUCH REDUCTION IS FILED
WITH THE DEPARTMENT OF TRANSPORTATION NO LATER THAN: (1) EIGHTEEN MONTHS
AFTER EXECUTION OF: (I) AN AGREEMENT WITH A FEDERAL, STATE OR LOCAL
GOVERNMENT ENTITY, PUBLIC BENEFIT CORPORATION, OR PUBLIC HOUSING AUTHOR-
ITY, RELATING TO THE CREATION OR PRESERVATION OF AFFORDABLE HOUSING
UNITS; OR (II) A SIMILAR INSTRUMENT; OR (2) EIGHTEEN MONTHS AFTER
PAYMENT OF SUCH SURCHARGE.
§ 11-3205 RECORDS TO BE KEPT. EVERY PERSON TO WHOM A CONSTRUCTION
PERMIT HAS BEEN ISSUED SHALL KEEP RECORDS IN SUCH FORM AND MANNER AS THE
COMMISSIONER MAY BY RULE REQUIRE. SUCH RECORDS SHALL BE PRESERVED FOR A
PERIOD OF THREE YEARS FROM THE DATE OF ISSUANCE OF SUCH CONSTRUCTION
PERMIT. SUCH RECORDS SHALL BE AVAILABLE FOR INSPECTION AND EXAMINATION
UPON DEMAND BY THE COMMISSIONER OF TRANSPORTATION OR THE COMMISSIONER'S
DULY AUTHORIZED AGENT OR EMPLOYEE.
§ 11-3206 EXEMPTIONS. THE SURCHARGE IMPOSED PURSUANT TO THE AUTHORITY
OF SECTION 11-3202 OF THIS CHAPTER SHALL NOT BE IMPOSED ON ANY
CONSTRUCTION PERMIT ISSUED TO:
(A) THE STATE OF NEW YORK, OR ANY OF ITS AGENCIES; INSTRUMENTALITIES,
PUBLIC CORPORATIONS OR POLITICAL SUBDIVISIONS WHERE IT IS THE PERMITTEE;
(B) THE UNITED STATES OF AMERICA, AND ANY OF ITS AGENCIES AND INSTRU-
MENTALITIES, INSOFAR AS IT IS IMMUNE FROM TAXATION WHERE IT IS THE
PERMITTEE; OR
(C) ANY PERSON WHERE THE CONSTRUCTION FOR WHICH SUCH PERMIT IS ISSUED
RELATES TO THE CREATION OR PRESERVATION OF AFFORDABLE HOUSING UNITS
PROVIDED THAT SUCH AFFORDABLE HOUSING UNITS CONSTITUTE NO LESS THAN
FIFTY PERCENT OF THE TOTAL NUMBER OF DWELLING UNITS CREATED OR PRESERVED
BY SUCH CONSTRUCTION.
§ 11-3207 DETERMINATION OF SURCHARGE. IF A SURCHARGE REQUIRED BY
SECTION 11-3202 OF THIS CHAPTER IS NOT PAID, OR IF THE AMOUNT OF THE
SURCHARGE THAT IS PAID IS INCORRECT OR INSUFFICIENT, THE AMOUNT OF
SURCHARGE DUE SHALL BE DETERMINED BY THE COMMISSIONER OF TRANSPORTATION
FROM SUCH INFORMATION AS MAY BE OBTAINABLE, AND, IF NECESSARY, SUCH
SURCHARGE MAY BE ESTIMATED ON THE BASIS OF FACTORS DETERMINED BY THE
COMMISSIONER OF TRANSPORTATION, IN ACCORDANCE WITH THE PRESUMPTIONS SET
FORTH IN SUBDIVISION (A) OF SECTION 11-3204 OF THIS CHAPTER. NOTICE OF
SUCH DETERMINATION SHALL BE GIVEN TO THE PERSON LIABLE FOR THE PAYMENT
OF THE SURCHARGE. SUCH DETERMINATION SHALL FINALLY AND IRREVOCABLY FIX
THE SURCHARGE UNLESS THE PERSON AGAINST WHOM IT IS ASSESSED, WITHIN
NINETY DAYS AFTER GIVING NOTICE OF SUCH DETERMINATION, SHALL APPLY TO
THE HEARING OFFICER AT THE DEPARTMENT OF TRANSPORTATION FOR A HEARING,
S. 7936 9
OR UNLESS THE COMMISSIONER OF TRANSPORTATION ON THEIR OWN MOTION SHALL
REDETERMINE THE SAME. AFTER SUCH HEARING, THE COMMISSIONER OF TRANSPOR-
TATION'S DETERMINATION SHALL BE REVIEWABLE FOR ERROR, ILLEGALITY OR
UNCONSTITUTIONALITY OR ANY OTHER REASON WHATSOEVER BY A PROCEEDING UNDER
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES IF APPLICATION
THEREFOR IS MADE TO THE SUPREME COURT WITHIN FOUR MONTHS AFTER GIVING OF
THE NOTICE OF SUCH DETERMINATION. A PROCEEDING UNDER ARTICLE SEVENTY-
EIGHT OF THE CIVIL PRACTICE LAW AND RULES SHALL NOT BE INSTITUTED
UNLESS: (A) THE AMOUNT OF ANY SURCHARGE SOUGHT TO BE REVIEWED, WITH
PENALTIES AND INTEREST THEREON, IF ANY, SHALL BE FIRST DEPOSITED WITH
THE COMMISSIONER OF TRANSPORTATION AND THERE SHALL BE FILED WITH THE
COMMISSIONER OF TRANSPORTATION AN UNDERTAKING, ISSUED BY A SURETY COMPA-
NY AUTHORIZED TO TRANSACT BUSINESS IN THIS STATE, AND APPROVED BY THE
SUPERINTENDENT OF INSURANCE OF THIS STATE AS TO SOLVENCY AND RESPONSI-
BILITY, IN SUCH AMOUNT AS A JUSTICE OF THE SUPREME COURT SHALL APPROVE
TO THE EFFECT THAT IF SUCH PROCEEDING BE DISMISSED OR THE SURCHARGE
CONFIRMED, THE PETITIONER WILL PAY ALL COSTS AND CHARGES WHICH MAY
ACCRUE IN THE PROSECUTION OF THE PROCEEDING; OR (B) AT THE OPTION OF THE
APPLICANT SUCH UNDERTAKING FILED WITH THE COMMISSIONER OF TRANSPORTATION
MAY BE IN A SUM SUFFICIENT TO COVER THE SURCHARGES, PENALTIES AND INTER-
EST THEREON STATED IN SUCH DETERMINATION PLUS THE COSTS AND CHARGES
WHICH MAY ACCRUE AGAINST IT IN THE PROSECUTION OF THE PROCEEDING, IN
WHICH EVENT THE APPLICANT SHALL NOT BE REQUIRED TO DEPOSIT SUCH
SURCHARGES, PENALTIES AND INTEREST AS A CONDITION PRECEDENT TO THE
APPLICATION.
§ 11-3208 REMEDIES EXCLUSIVE. THE REMEDIES PROVIDED BY SECTION 11-3207
OF THIS CHAPTER SHALL BE THE EXCLUSIVE REMEDY AVAILABLE TO ANY PERSON
FOR THE REVIEW OF LIABILITY FOR THE SURCHARGE IMPOSED BY SECTION 11-3202
OF THIS CHAPTER; AND NO DETERMINATION OR PROPOSED DETERMINATION OF
SURCHARGE SHALL BE ENJOINED OR REVIEWED BY AN ACTION FOR DECLARATORY
JUDGMENT, AN ACTION FOR MONEY HAD AND RECEIVED OR BY ANY ACTION OR
PROCEEDING OTHER THAN A PROCEEDING IN THE NATURE OF A CERTIORARI
PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND
RULES; PROVIDED, HOWEVER, THAT SUCH PERSON MAY PROCEED BY DECLARATORY
JUDGMENT IF SUCH PERSON INSTITUTES SUIT WITHIN THIRTY DAYS AFTER A DEFI-
CIENCY ASSESSMENT IS MADE AND PAYS THE AMOUNT OF THE DEFICIENCY ASSESS-
MENT TO THE COMMISSIONER OF TRANSPORTATION PRIOR TO THE INSTITUTION OF
SUCH SUIT AND POSTS A BOND FOR COSTS AS PROVIDED IN SECTION 11-3207 OF
THIS CHAPTER.
§ 11-3209 PROCEEDINGS TO RECOVER SURCHARGE. (A) WHENEVER ANY PERSON TO
WHOM A CONSTRUCTION PERMIT HAS BEEN ISSUED FAILS TO PAY THE CORRECT AND
SUFFICIENT SURCHARGE, PENALTY OR INTEREST IMPOSED BY THIS CHAPTER AS
THEREIN PROVIDED, THE COMMISSIONER OF TRANSPORTATION SHALL NOTIFY THE
COMMISSIONER OF FINANCE OF ALL RELEVANT RECORDS DETERMINED NECESSARY BY
THE COMMISSIONER OF FINANCE TO FACILITATE COLLECTION OF SUCH SURCHARGE.
THE CORPORATION COUNSEL SHALL, UPON THE REQUEST OF THE COMMISSIONER OF
FINANCE BRING OR CAUSE TO BE BROUGHT AN ACTION TO ENFORCE THE PAYMENT OF
THE SAME ON BEHALF OF THE CITY OF NEW YORK IN ANY COURT OF THE STATE OF
NEW YORK OR OF ANY OTHER STATE OR OF THE UNITED STATES. IF, HOWEVER, THE
COMMISSIONER OF FINANCE IN THEIR DISCRETION BELIEVES THAT ANY SUCH
PERSON IS ABOUT TO CEASE BUSINESS, LEAVE THE STATE OR REMOVE OR DISSI-
PATE THE ASSETS OUT OF WHICH THE SURCHARGE, PENALTY OR INTEREST MIGHT BE
SATISFIED, AND THAT ANY SUCH SURCHARGE, PENALTY OR INTEREST WILL NOT BE
PAID WHEN DUE, THE COMMISSIONER OF FINANCE MAY DECLARE SUCH SURCHARGE,
PENALTY OR INTEREST TO BE IMMEDIATELY DUE AND PAYABLE AND MAY ISSUE A
WARRANT IMMEDIATELY.
S. 7936 10
(B) AS AN ADDITIONAL OR ALTERNATE REMEDY, THE COMMISSIONER OF FINANCE
MAY ISSUE A WARRANT, DIRECTED TO THE CITY SHERIFF COMMANDING THE CITY
SHERIFF TO LEVY UPON AND SELL THE REAL AND PERSONAL PROPERTY OF THE
PERSON LIABLE FOR THE SURCHARGE, WHICH MAY BE FOUND WITHIN THE CITY, FOR
THE PAYMENT OF THE AMOUNT THEREOF, WITH ANY PENALTIES AND INTEREST, AND
THE COST OF EXECUTING THE WARRANT, AND TO RETURN SUCH WARRANT TO THE
COMMISSIONER OF FINANCE AND TO PAY TO THE COMMISSIONER OF FINANCE THE
MONEY COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER THE RECEIPT OF
SUCH WARRANT. THE CITY SHERIFF SHALL WITHIN FIVE DAYS AFTER THE RECEIPT
OF THE WARRANT FILE WITH THE COUNTY CLERK A COPY THEREOF, AND THEREUPON
SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE NAME OF THE PERSON
MENTIONED IN THE WARRANT AND THE AMOUNT OF THE SURCHARGE, PENALTIES AND
INTEREST FOR WHICH THE WARRANT IS ISSUED AND THE DATE WHEN SUCH COPY IS
FILED. THEREUPON THE AMOUNT OF SUCH WARRANT SO DOCKETED SHALL BECOME A
LIEN UPON THE TITLE TO AND INTEREST IN REAL AND PERSONAL PROPERTY OF THE
PERSON AGAINST WHOM THE WARRANT IS ISSUED. THE CITY SHERIFF SHALL THEN
PROCEED UPON THE WARRANT, IN THE SAME MANNER, AND WITH LIKE EFFECT, AS
THAT PROVIDED BY LAW IN RESPECT TO EXECUTIONS ISSUED AGAINST PROPERTY
UPON JUDGMENTS OF A COURT OF RECORD, AND FOR SERVICES IN EXECUTING THE
WARRANT THE CITY SHERIFF SHALL BE ENTITLED TO THE SAME FEES, WHICH SUCH
CITY SHERIFF MAY COLLECT IN THE SAME MANNER. IN THE DISCRETION OF THE
COMMISSIONER OF FINANCE A WARRANT OF LIKE TERMS, FORCE AND EFFECT MAY BE
ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT OF
FINANCE, AND IN THE EXECUTION THEREOF SUCH OFFICER OR EMPLOYEE SHALL
HAVE ALL THE POWERS CONFERRED BY LAW UPON SHERIFFS, BUT SHALL BE ENTI-
TLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN
THE PERFORMANCE OF SUCH DUTY. IF A WARRANT IS RETURNED NOT SATISFIED IN
FULL, THE COMMISSIONER OF FINANCE MAY FROM TIME TO TIME ISSUE NEW
WARRANTS AND SHALL ALSO HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT DUE
THEREUNDER AS IF THE CITY HAD RECOVERED JUDGMENT THEREFORE AND EXECUTION
THEREON HAD BEEN RETURNED UNSATISFIED.
(C) THE COMMISSIONER OF FINANCE, IF SUCH COMMISSIONER FINDS THAT THE
INTERESTS OF THE CITY WILL NOT THEREBY BE JEOPARDIZED, AND UPON SUCH
CONDITIONS AS THE COMMISSIONER OF FINANCE MAY REQUIRE, MAY RELEASE ANY
PROPERTY FROM THE LIEN OF ANY WARRANT OR VACATE SUCH WARRANT FOR UNPAID
SURCHARGES, PENALTIES AND INTEREST FILED PURSUANT TO SUBDIVISION (B) OF
THIS SECTION, AND SUCH RELEASE OR VACATING OF THE WARRANT MAY BE
RECORDED IN THE OFFICE OF ANY RECORDING OFFICER IN WHICH SUCH WARRANT
HAS BEEN FILED. THE CLERK SHALL THEREUPON CANCEL AND DISCHARGE AS OF THE
ORIGINAL DATE OF DOCKETING THE VACATED WARRANT.
§ 11-3210 PENALTIES AND INTEREST. (A) ANY PERSON FAILING TO PAY ANY
SURCHARGE TO THE COMMISSIONER OF TRANSPORTATION WITHIN THE TIME REQUIRED
BY THIS CHAPTER SHALL BE SUBJECT TO A PENALTY OF FIVE PERCENT OF THE
AMOUNT OF SURCHARGE DUE; PLUS INTEREST AT THE RATE OF ONE PERCENT OF
SUCH SURCHARGE FOR EACH MONTH OF DELAY EXCEPTING THE FIRST MONTH AFTER
SUCH SURCHARGE BECAME DUE; BUT THE COMMISSIONER OF TRANSPORTATION IF
SATISFIED THAT THE DELAY WAS EXCUSABLE, MAY REMIT ALL OR ANY PART OF
SUCH PENALTY, BUT NOT INTEREST AT THE RATE OF SIX PERCENT PER YEAR. SUCH
PENALTIES AND INTEREST SHALL BE PAID AND DISPOSED OF IN THE SAME MANNER
AS OTHER REVENUES FROM THIS CHAPTER. UNPAID PENALTIES AND INTEREST MAY
BE ENFORCED IN THE SAME MANNER AS THE SURCHARGE IMPOSED BY THIS CHAPTER.
(B) ANY PERSON FAILING TO KEEP THE RECORDS REQUIRED BY SUBDIVISION (C)
OF SECTION 11-3203 OF THIS CHAPTER, SHALL, IN ADDITION TO THE PENALTIES
HEREIN OR ELSEWHERE PRESCRIBED, BE SUBJECT TO A CIVIL PENALTY IN AN
AMOUNT UP TO ONE HUNDRED DOLLARS PER DAY FROM THE DATE ON WHICH A DETER-
MINATION HAS BEEN MADE THAT ANY SUCH PERSON FAILED TO KEEP ANY SUCH
S. 7936 11
RECORDS UNTIL THE DATE ON WHICH SUCH RECORDS ARE PROVIDED, PROVIDED THAT
SUCH PERIOD SHALL BE NO GREATER THAN THREE YEARS. IT SHALL NOT BE ANY
DEFENSE TO AN ACTION UNDER THIS SUBDIVISION THAT THE FAILURE TO KEEP THE
RECORDS WAS UNINTENTIONAL OR NOT WILLFUL.
(C) THE CERTIFICATE OF THE COMMISSIONER OF TRANSPORTATION TO THE
EFFECT THAT A SURCHARGE HAS NOT BEEN PAID OR THAT INFORMATION HAS NOT
BEEN SUPPLIED PURSUANT TO THE PROVISIONS OF THIS CHAPTER, SHALL BE
PRESUMPTIVE EVIDENCE THEREOF.
(D) ANY PERSON FAILING TO SUBMIT THE REQUIRED PERMIT APPLICATION FOR A
CONSTRUCTION PERMIT AND WHO FAILS TO PAY THE SURCHARGE AUTHORIZED BY THE
PROVISIONS OF THIS CHAPTER, SHALL, IN ADDITION TO THE PENALTIES HEREIN
OR ELSEWHERE PRESCRIBED, BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NO
GREATER THAN TEN PERCENT OF SUCH SURCHARGE.
§ 11-3211 NOTICES AND LIMITATIONS OF TIME. (A) ANY NOTICE AUTHORIZED
OR REQUIRED UNDER THE PROVISIONS OF THIS CHAPTER MAY BE GIVEN BY MAILING
THE SAME TO THE PERSON FOR WHOM IT IS INTENDED IN A POSTPAID ENVELOPE
ADDRESSED TO SUCH PERSON AT THE ADDRESS GIVEN IN THE CONSTRUCTION PERMIT
ISSUED TO SUCH PERSON PURSUANT TO THE RULES OF THE CITY OF NEW YORK OR,
IF NO PERMIT HAS BEEN ISSUED TO SUCH PERSON, THEN TO SUCH ADDRESS AS MAY
BE OBTAINABLE. THE MAILING OF SUCH NOTICE SHALL BE PRESUMPTIVE EVIDENCE
OF THE RECEIPT OF THE SAME BY THE PERSON TO WHOM ADDRESSED. ANY PERIOD
OF TIME WHICH IS DETERMINED ACCORDING TO THE PROVISIONS OF THIS CHAPTER
BY THE GIVING OF NOTICE SHALL COMMENCE TO RUN FROM THE DATE OF MAILING
OF SUCH NOTICE.
(B) THE PROVISIONS OF THE CIVIL PRACTICE LAW AND RULES OR ANY OTHER
LAW RELATIVE TO LIMITATIONS OF TIME FOR THE ENFORCEMENT OF A CIVIL REME-
DY SHALL NOT APPLY TO ANY PROCEEDING OR ACTION TAKEN BY THE CITY TO
LEVY, APPRAISE, ASSESS, DETERMINE OR ENFORCE THE COLLECTION OF ANY
SURCHARGE OR PENALTY PROVIDED BY THIS CHAPTER. HOWEVER, EXCEPT IN THE
CASE OF A WILLFULLY FALSE OR FRAUDULENTLY OBTAINED CONSTRUCTION PERMIT
WITH INTENT TO EVADE THE SURCHARGE, NO ASSESSMENT OF ADDITIONAL
SURCHARGE SHALL BE MADE AFTER THE EXPIRATION OF MORE THAN THREE YEARS
FROM THE DATE OF THE ISSUANCE OF A CONSTRUCTION PERMIT OR THE RENEWAL
THEREOF; PROVIDED, HOWEVER, THAT WHERE NO CONSTRUCTION PERMIT HAS BEEN
ISSUED, OR WHERE THERE HAS BEEN A CHANGE RELATING TO THE USE OF THE
STREET FOR WHICH A CONSTRUCTION PERMIT HAS BEEN ISSUED THAT WOULD
INCREASE THE AMOUNT OF THE SURCHARGE, ANY ADDITIONAL SURCHARGE MAY BE
ASSESSED AT ANY TIME.
§ 3. Any local law enacted pursuant to the authority of section one of
this act shall designate an agency to adopt rules and regulations to
implement the provisions of such section.
§ 4. This act shall take effect immediately, except that section two
of this act shall take effect January 1, 2028.
