Curb heights sometimes are not adequately maintained during street construction and, as a result, flooding of property has occurred. Property owners have subsequently been fined for having ponding conditions on their property. This bill would require that the DOT ensure that adequate curb heights are maintained following construction in order to prevent flooding and fines for ponding conditions that are not the fault of property owners.
- Filed (End of Session)
Int. No. 540
By Council Member Holden
A Local Law to amend the administrative code of the city of New York, in relation to requiring that the department of transportation maintain curb heights following street construction
Be it enacted by the Council as follows:
Section 1. Subdivision a of section 19-147 of the administrative code of the city of New York, as amended and renumbered by local law number 104 for the year 1993, is amended to read as follows:
§ 19-147. Replacement of pavement and maintenance of street hardware.
a. General provisions. Whenever any pavement, sidewalk, curb or gutter in any street shall be taken up, the person or persons by whom or for whose benefit the same is removed shall restore such pavement, sidewalk, curb or gutter to its proper condition to the satisfaction of the commissioner of transportation. The department shall ensure that appropriate curb heights are maintained whenever the department takes up and restores any pavement, sidewalk, curb or gutter in any street.
§ 2. This local law takes effect 90 days after it becomes law, except that the commissioner may take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date.
LS 9221/Int. 1457-2017
12/20/17 11:24 AM