S333-2013 Actions

• Jan 9, 2013: REFERRED TO CITIES

S333-2013 Memo

BILL NUMBER:S333

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.

JUSTIFICATION:

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:

2011-12: S.6549

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act to take effect on the sixtieth day after it shall have become
a law.

S333-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          333
 2013-2014 Regular Sessions
 I N  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

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!