Requires the city of New York to repair any sidewalk damaged by a tree under its exclusive care that is adjacent to any class one property, class two condo or coop or any house of religious worship.
TITLE OF BILL: REVISED 12/10/12
An act to amend the administrative code of the city of New York, in relation to requiring the city of New York to repair any sidewalk damaged by a tree under its exclusive care
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to codify existing policy in the city of New York regarding a "trees and sidewalk repair" program and extending the program beyond class one properties to include cooperative and condominium properties that are in whole or in part owner occupied and used exclusively for residential purposes as well as houses of worship.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the administrative code of the city of N ew York by adding a new section 18-105.2 requiring the city to repair any sidewalk damaged by a tree under its exclusive care that is adjacent to any class one property or class two property that is a residential condominium or residential cooperative, that is in whole or in part owner occupied and used exclusively for residential purposes, or adjacent to any house of religious worship. The bill also requires the city to prune roots of the tree causing damage prior to making the sidewalk repairs.
Section 2 provides for this act to take effect on the sixtieth day after it shall have become a law.
The city of New York currently has a "Trees and Sidewalk Program" that requires the city to repair any sidewalk damaged by a "curbside tree" that is adjacent to any one-, two- or three-family residential property.
This policy has proven to be effective in making sure the necessary repairs are made to sidewalks that have been damaged by city-owned trees thereby protecting pedestrians from injury due to damaged sidewalks and to improve "tree health" without unfairly burdening property owners with the significant costs of repairs that are caused by trees over which they have no right to maintain or remove.
The bill seeks to codify this important and successful policy so it is not subject to the political influences that may be caused by changes in elected officials or administrative changes.
In addition, the bill will expand the program to include the repair of sidewalks damaged by "city owned" trees that are adjacent to cooperative and condominium properties in class two, that are in whole or in part owner occupied and used exclusively for residential purposes, as well as any house of religious worship. The owners of
these properties are entitled to the same assistance from the city that is given to owners of one-, two-and three-family homes.
PRIOR LEGISLATIVE HISTORY:
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
This act to take effect on the sixtieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 333 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the administrative code of the city of New York, in relation to requiring the city of New York to repair any sidewalk damaged by a tree under its exclusive care THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The administrative code of the city of New York is amended by adding a new section 18-105.2 to read as follows: S 18-105.2 TREES AND SIDEWALKS REPAIR PROGRAM. A. THE COMMISSIONER SHALL ARRANGE FOR THE REPAIR OF ANY SIDEWALK FLAG DAMAGED BY THE GROWTH OF ROOTS OF ANY TREE UNDER THE EXCLUSIVE CARE OF THE COMMISSIONER AND THAT IS ADJACENT TO ANY CLASS ONE PROPERTY OR CLASS TWO PROPERTY THAT IS A RESIDENTIAL CONDOMINIUM OR RESIDENTIAL COOPERATIVE, AS SUCH CLASSES OF PROPERTY ARE DEFINED IN SUBDIVISION ONE OF SECTION EIGHTEEN HUNDRED TWO OF THE REAL PROPERTY TAX LAW, THAT IS IN WHOLE OR IN PART OWNER OCCUPIED AND USED EXCLUSIVELY FOR RESIDENTIAL PURPOSES OR ADJACENT TO ANY HOUSE OF RELIGIOUS WORSHIP. B. BEFORE MAKING THE SIDEWALK FLAG REPAIR, AS REQUIRED UNDER SUBDIVI- SION A OF THIS SECTION, THE COMMISSIONER SHALL PRUNE THE ROOTS OF THE TREE CAUSING THE DAMAGE TO THE SIDEWALK FLAG. C. ALL SIDEWALK FLAG REPAIRS SHALL CONFORM WITH THE RULES AND SPECIFI- CATIONS PROMULGATED BY THE COMMISSIONER OF TRANSPORTATION FOR SIDEWALK REPAIRS. S 2. This act shall take effect on the sixtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03393-01-3