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Int 0039-2002

Recourse for an owner, sidewalk damaged by tree.

IntroductionFiledCommittee on Transportationintroduced 2002-02-06

Filed — closed without being enacted.

Official record · Legistar

Agenda: 2002-02-06Passed: 2003-12-31
Committee on TransportationMass Transportation Agencies and facilities, Department of Transportation and New York City Transit Authority.

How it compares

6% of similar bills passed

3 passed · 47 died

This bill: 692 days in committee

Similar bills: median 746 days · 110 days when passed

Sponsors (21)

Andrew J. Lanza
Michael E. McMahon
Dennis P. Gallagher

Lifecycle

IntroducedIntroduced by Council
2002-02-06 · City Council
ActionReferred to Comm by Council
2002-02-06 · City Council
HeardHearing Held by Committee
2002-11-12 · Committee on Transportation
HeldLaid Over by Committee
2002-11-12 · Committee on Transportation
ClosedFiled (End of Session)
2003-12-31 · City Council

Heard at (1)

City Council · 2002-02-06 · 1:30 PM · Council Chambers - City Hall

Attachments (3)

Full text
Be it enacted by the Council as follows: Section 1. Section 19-152 of the administrative code of the city of New York, as amended by local law number 64 for the year 1995, is amended by adding thereto a new subdivision o to read as follows: o. Notwithstanding any inconsistent provision of subdivision e of this section, an owner of real property (1) shall not be required to pay for the cost of reinstalling, reconstructing, repaving or repairing an existing sidewalk flag at legal grade when the owner submits proof satisfactory to the department that: (i) the sidewalk flag sustained harm or damage from the growth of the roots of one or more trees under the exclusive care of the commissioner of parks and recreation; and (ii) the owner notified the department in accordance with the rules of the department; and (2) shall be reimbursed for the cost of reinstalling, reconstructing, repaving or repairing an existing sidewalk flag at legal grade when the owner submits proof satisfactory to the department that: (i) the sidewalk flag sustained harm or damage from the growth of the roots of one or more trees under the exclusive care of the commissioner of parks and recreation; (ii) the owner notified the department in accordance with the rules of the department; and (iii) the owner supplies proof of payment in accordance with the rules of the department for the cost of reinstalling, reconstructing, repaving or repairing an existing sidewalk flag at legal grade. �2. Title 18 of the administrative code of the city of New York is amended by adding thereto a new section 18-105.1 to read as follows: �18-105.1 Tree root pruning. Upon notice to the commissioner in accordance with its rules, the department shall prune the roots of trees which are under the exclusive jurisdiction of the commissioner when such roots are determined by the commissioner to be the cause of or the potential cause of injury, breakage, damage or removal of any portion of a sidewalk flag. �3. This local law shall take effect thirty days after its enactment.