Bill Text: NY A04410 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires municipalities to maintain sidewalks abutting streets.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2020-01-08 - referred to local governments [A04410 Detail]
Download: New_York-2019-A04410-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4410 2019-2020 Regular Sessions IN ASSEMBLY February 4, 2019 ___________ Introduced by M. of A. DenDEKKER, BARNWELL -- 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: 1 Section 1. Subdivision 4 of section 130 of the town law is amended to 2 read as follows: 3 4. Sidewalks. Regulating the manner of construction, reconstruction 4 and repair of sidewalks, the materials to be used, the grades and the 5 widths thereof and prohibiting any construction, reconstruction or 6 repair which does not comply with such regulations[; requiring the owner7and occupant of premises abutting on any street where a sidewalk has8been laid, to keep the sidewalk in front of such premises, free and9clear from snow, ice, dirt and other obstructions and upon default ther-10eof provide for the removal thereof at the expense of the owners of such11premises and that such charge shall become a lien upon the premises12benefited thereby, until paid]. 13 § 2. Section 92 of the second class cities law is amended to read as 14 follows: 15 § 92. Repair of sidewalks; removal of snow and ice. The commissioner 16 of public works shall have full power and authority to [require the17owner of property abutting upon a street to] repair any sidewalk [in18front thereof] abutting upon a street or bring the same to true grade, 19 and to remove the snow and ice therefrom. [Where the owner of such prop-20erty shall fail or neglect to repair any sidewalk or bring the same to21true grade for five days after written notice so to do has been served22on him, either personally or by delivering the same at his residence, or23if he be a non-resident by mailing the same to him at his last knownEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07932-01-9A. 4410 2 1place of residence, or if the name of the owner or his place of resi-2dence can not be ascertained after due diligence, by posting the same in3a conspicuous place upon the premises; or where the owner of any such4premises shall fail or neglect to remove snow and ice from any such5sidewalk after the same has remained thereon for more than twelve hours,6and the commissioner shall have repaired such sidewalk or brought the7same to grade or removed the ice or snow therefrom, a bill for the8expenses incurred thereby shall be presented to the owner personally or9by leaving the same at his residence or, if he be a non-resident, by10mailing the same to him at his last known place of residence, or, if the11name of such owner or his place of residence can not be ascertained12after due diligence, by posting the same in a conspicuous place on the13premises; and, if he shall fail to pay the same within ten days there-14after, the commissioner shall file each year immediately preceding the15time for making the annual assessment-roll his certificate of the actual16cost of the work, together with a statement as to the property in front17of which the repairing or grading or cleaning was done, with the asses-18sors of the city, who shall, in the preparation of the next assessment-19roll of general city taxes, assess such amount upon such property, and20the same shall be levied, corrected, enforced and collected in the same21manner, by the same proceedings, at the same time, under the same penal-22ties and having the same lien upon the property assessed as the general23city tax and as a part thereof.] 24 § 3. Section 16-123 of the administrative code of the city of New York 25 is REPEALED. 26 § 4. Section 19-152 of the administrative code of the city of New York 27 is REPEALED. 28 § 5. The general municipal law is amended by adding a new section 96-c 29 to read as follows: 30 § 96-c. Maintenance of sidewalks. The governing board of any county, 31 city, town or village shall regulate the construction, maintenance or 32 use of sidewalks abutting streets within the county, city, town or 33 village; provided, however, that no county, city, town or village shall 34 require the owners of property abutting such streets to maintain such 35 sidewalks. 36 § 6. This act shall take effect immediately.