Good afternoon mikey1939-ga!
In researching you questions about the violations for a dirty
sidewalk, I am supplying you with the following information:
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The Department of Transportation (DOT) and Police Department are
mainly responsible for keeping sidewalks clear for pedestrian traffic.
Transportation regulates the placement of newsstands, newspaper boxes,
bus shelters, and bicycle racks.
The Department of Sanitation is responsible for trash.
The Parks Department plants and maintains street trees. And the
Department of Consumer Affairs controls sidewalk cafes.
The City Planning and Buildings Departments regulate the size of front
yards mandated by the zoning code. (The city's Zoning Resolution,
written in 1961, gave incentives to big downtown developers to build
and maintain street-level public spaces, but the result has been
mixed, and the rules are optional and only affect new buildings.)
Property owners are responsible for repairing concrete, sweeping and
clearing trash, and shoveling snow. In September, revisions to the
city's Administrative Code explicitly required property owners, except
in areas with 1-3 family homes, to maintain and repair sidewalks and
to carry liability insurance covering any mishaps. In designated
areas, Business Improvement Districts maintain sidewalks, but in a way
that serves the interests of merchants and not necessarily shoppers or
passersby.
Source:
The Sidewalks of New York, Tom Angotti, December, 2003
( http://www.gothamgazette.com/article/20031216/12/806 )
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19-152 Duties and obligations of property owner with respect to sidewalks and lots.
d. If the department has been notified in writing of the existence of
a defective, unsafe, dangerous or obstructed condition of a sidewalk
pursuant to subdivision (c) of section 7-201 of the code, and the
department determines that such condition constitutes an immediate
danger to the public, it may notify the property owner that such
condition constitutes an immediate danger to the public and direct
such owner to repair same within ten days of the service of the
notice.
e. Upon the owner's failure to comply with such order or notice within
forty-five days of service and filing thereof, or within ten days if
such period is fixed by the department pursuant to subdivision d of
this section, the department may perform the work or cause same to be
performed under the supervision of the department, the cost of which,
together with administrative expenses, as determined by the
commissioner, but not to exceed twenty percent of the cost of
performance, shall constitute a debt recoverable from the owner by
lien on the property affected or otherwise. Upon entry by the city
collector, in the book in which such charges are to be entered, of the
amount definitely computed as a statement of account by the
department, such debt shall become a lien prior to all liens or
encumbrances on such property, other than taxes. An owner shall be
deemed to have complied with this subdivision if he or she obtains a
permit from the department to perform such work as specified in the
order within the time set forth therein and completes such work within
ten days thereafter.
f. Service of a notice or order by the department upon an owner
pursuant to the provisions of this section shall be made upon such
owner or upon his or her designated managing agent personally or by
certified or registered mail, return receipt requested, addressed to
the person whose name appears on the records of the city collector as
being the owner of the premises. If the records of the city collector
show that a party, other than the owner, has been designated to
receive tax bills for such property, the notice shall be mailed to
such party as well as to the owner of record, at his or her last known
address, or, if it is a multiple dwelling, service upon the owner or
managing agent may be made in accordance with section 27-2095 of the
code. If the postal service returns the order with a notation that the
owner refused to accept delivery of such notice, it may be served by
ordinary mail and posted in a conspicuous place on the premises.
g. A copy of such notice or order shall also be filed in the office of
the clerk of each county where the property is situated, together with
proof of service thereof.
r. The department shall keep record of all complaints submitted and
work ordered and performed under this section and shall issue a public
report for a minimum of three years containing such information
including the number of complaints heard each year according to
category, the number of reinspections performed and the dispositions
of such reinspections.
s. The provisions of sections 19-149, 19-150 and 19-151 shall not
apply to orders issued pursuant to this section.
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19-152.3 Appeal process to small claims assessment review part.
a. If an owner of property claiming to be aggrieved does not secure
satisfaction with the office of the comptroller, such owner of
property may file a petition for appeal and commence a proceeding to
review and/or correct the notice of account and/or the quality of the
work performed with the small claims assessment review part in the
supreme court. The petition for appeal forms shall be provided to
property owners upon request, at no cost. A fee of twenty-five dollars
shall be paid upon filing of each petition, which shall be the sole
fee required for petitions pursuant to this section. Such petition
shall contain an allegation that at least thirty days have elapsed
since the notice of claim, based on section 7-201 of the code upon
which such action is founded, was presented to the office of the
comptroller for adjustment, and that the comptroller has neglected or
refused to make an adjustment, or payment thereof for thirty days
after such presentment.
b. The petition for an appeal form shall be prescribed by the
department after consultation with the office of court administration.
Such form shall require the petitioner to set forth his name, address
and telephone number, a description of the real property for which the
appeal is sought, the types of property defects or a description of
the violations, a concise statement of the ground or grounds upon
which the review is sought and any such information as may be required
by the department and the office of court administration. No petition
for an appeal form shall relate to more than one parcel of real
property. The petition may be made by a person who has knowledge of
the facts stated therein and who is authorized in writing by the
property owner to file such petition. Such written authorization must
be made a part of such petition and bear a date within the same
calendar year during which the petition was filed.
c. The petitioner shall personally deliver or mail by certified mail,
return receipt requested a copy of the petition within seven days from
the date of filing with the clerk of the Supreme Court to the
commissioner of the department or a designee of the commissioner.
d. The chief administrator of the courts shall appoint a panel of
small claims hearing officers within the small claims assessment
review program in the Supreme Court selected from persons requesting
to serve as such hearing officers who have submitted resumes of
qualifications to hear the proceedings relating to sidewalks and lots.
Hearing officers to be appointed to the panel shall be qualified by
training, experience, and knowledge of real property improvement and
valuation practices and provisions of state and local law governing
real property improvements, liabilities and assessments, but need not
be attorneys at law. The chief administrator of the court shall
randomly assign a hearing officer or hearing officers to conduct an
informal hearing on the petition for appeal with the applicants for
small claims and a representative of the department. Hearing officers
assigned shall be familiar with the department and shall not possess
any conflict of interest as defined by the public officers law with
regard to the petitions heard. Hearing officers shall be compensated
for their services in accordance with a fee schedule established by
the chief administrator of the courts.
e. The small claims proceedings shall be held within thirty days after
the date of filing the petition. Such proceeding, where practicable,
shall be held at a location within the county in which the real
property subject to review is located. The petitioner and the
department shall be advised by mail of the time and place of such
proceeding.
f. The petitioner need not present expert witnesses nor be represented
by an attorney at such hearing. Such proceedings shall be conducted on
an informal basis in such manner as to do substantial justice between
the parties according to the rules of substantive law. The petitioner
shall not be bound by statutory provisions of rules of practice,
procedure, pleading or evidence. The hearing officer shall be
empowered to compel the department and any other party who performed
the work to produce records and other evidence relevant and material
to the proceeding. All statements and presentation of evidence made at
the hearing by either party shall be made or presented to the hearing
officer who shall assure that decorum is maintained at the hearing.
The hearing officer shall consider the best evidence presented in each
particular case. Such evidence may include but shall not be limited
to, photographs of the sidewalk or lots, construction contracts or
bills from licensed firms that performed the work to correct the
alleged violations. The hearing officer may, if he deems it
appropriate, view or inspect the real property subject to review. The
petitioner shall have the burden of proving entitlement to the relief
sought.
g. All parties are required to appear at the hearing. Failure to
appear shall result in the petition being determined upon inquest by
the hearing officer based upon the available evidence submitted.
h. The hearing officer shall determine all questions of fact and law de novo.
i. The hearing officer shall make a decision in writing with respect
to the petition for appeal within thirty days after conclusion of the
hearing conducted with respect thereto. The hearing officer's decision
may grant the petition in full or in part or may deny the petition. If
the hearing officer grants the petition in full or in part, the
hearing officer shall award the petitioner costs against the
respondent in an amount equal to the fee paid by the petitioner to
file the petition for appeal. The hearing officer may award the
petitioner costs against the respondent in an amount equal to the fee
paid by the petitioner to file the petition for appeal where he deems
it appropriate.
j. If the hearing officer grants the petition in full or in part, the
hearing officer shall order the department and the city collector,
where appropriate, to change or correct their records to reflect the
determination or order the work corrected and reinspected by a
departmental inspector after the work was performed.
k. The decision of the hearing officer shall state the findings of
fact and the evidence upon which it is based. Such decisions shall be
attached to and made part of the petition for appeal and shall be
dated and signed.
l. The hearing officer shall promptly transmit the decision to the
clerk of the court, who shall file and enter it and the hearing
officer shall promptly mail a copy of the decision to the petitioner
or the commissioner of the department or the designee of the
commissioner and to the city collector, where appropriate.
m. No transcript of testimony shall be made of a small claims review
hearing. The hearing officer's decision of a petition of appeal shall
not constitute precedent for any purpose or proceeding involving the
parties or any other person or persons.
n. A petitioner to an action pursuant to this section may seek
judicial review pursuant to article seventy-eight of the civil
practice law and rules provided that such review shall be maintained
against the same parties named in the small claims petition.
o. The chief administrator of the courts shall adopt such rules of
practice and procedure, not inconsistent herewith as may be necessary
to implement the appeal procedures hereby established. Such rules
shall provide for the scheduling of evening hearings where
practicable, the availability of petition forms, and the procedure for
the filing of decisions rendered by hearing officers pursuant to the
provisions of this section.
p. If in the final order in any proceeding, it is determined that the
amount due was excessive or improper and ordered or directed that the
same be corrected, the city collector shall issue and mail a new
notice of such account stating the new amount owed to the person whose
name appears on the records of the city collector as being the owner
of the premises. If the records of the city collector show that a
party other than the owner has been designated to receive the tax
bills for such property, the notice shall be mailed to such party as
well as to the owner of record, at his or her last known address, or,
if it is a multiple dwelling, service upon the owner or managing agent
may be made in accordance with section 27-2095 of the code. If such
charge is not paid within ninety days from the date of entry, it shall
be the duty of the city collector to charge and receive interest
thereon, to be calculated to the date of payment from the date of
entry. Where appropriate, if in the final order in any proceeding, it
is determined that the amount due was excessive or improper and the
owner of the property is entitled to a refund for the excessive
amount, the hearing officer shall promptly order and direct such
refund within thirty days.
q. If in the final order in any proceeding, it is determined that the
final work was improper and ordered or directed that the same be
corrected, the department shall issue and mail a new notice of such
within thirty days stating when the same will be corrected and by
whom, by mail, addressed to the person whose name appears on the
records of the city collector as being the owner of the premises. If
the records of the city collector show that a party other than the
owner has been designated to receive the tax bills for such property,
the notice shall be mailed to such party as well as to the owner of
record, at his or her last known address, or, if it is a multiple
dwelling, service upon the owner or managing agent may be made in
accordance with section 27-2095 of the code.
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A violation is a notice that your sidewalk is defective. There is no
fine associated with a violation. A copy of the notice is filed with
the County Clerk and remains on file until the Clerk receives official
notification from the City that satisfactory repairs have been made. A
violation can complicate selling or refinancing your property.
Source:
Duties And Obligations Of Property Owners With Respect To Sidewalks And Lots
( http://www.nyc.gov/html/dot/html/sidewalks/19-152.html
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Each notice of violation has a hearing date indicated on the notice of
violation. You must respond to the charges on or before that date. If
you choose to appear in person, your hearing may take several minutes
or several hours, depending on the charges made by the City
enforcement agency. ECB makes every effort to move you through the
process quickly.
If you don't like the decision of the administrative law judge, you
may appeal the decision by writing to the Environmental Control
Board's Appeals Unit within 30 days after receiving the decision and
order. Your appeal is conducted by mail without any further personal
appearances. Your statement should include an explanation of why you
think your case should be reviewed by the Board. The decision of the
Board can then be appealed to State Supreme Court.
Source:
Environmental Control Board
( http://www.nyc.gov/html/dep/html/ecb.html )
You can find information on appealing ECB fines, and Their contact
information here.
You should call one of the ECB offices and outline the circumstances
of your situation.
Researchers have vast knowledge on this and other issues (and have
been carefully selected by Google), but I always reccomend finding a
lawyer. Most lawyers will give you a free initial visit, that will
walk you through wheather or not you have a case.
://www.google.com/search?num=100&hl=en&ie=UTF-8&c2coff=1&safe=off&q=new+york+real+estate+lawyers&spell=1
New York Real Estate Lawyer Search
I wish you luck and good luck with selling your home. If this answer
requires further explanation, please request clarification before
rating it, and I'll be happy to look into this further.
Nenna-GA
Google Answers Researcher |
