Bill Text: NY S00333 | 2013-2014 | General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-20 - COMMITTED TO RULES [S00333 Detail]

Download: New_York-2013-S00333-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          333
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (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:
    1    Section  1. The administrative code of the city of New York is amended
    2  by adding a new section 18-105.2 to read as follows:
    3    S 18-105.2 TREES AND SIDEWALKS REPAIR  PROGRAM.  A.  THE  COMMISSIONER
    4  SHALL  ARRANGE FOR THE REPAIR OF ANY SIDEWALK FLAG DAMAGED BY THE GROWTH
    5  OF ROOTS OF ANY TREE UNDER THE EXCLUSIVE CARE OF  THE  COMMISSIONER  AND
    6  THAT IS ADJACENT TO ANY CLASS ONE PROPERTY OR CLASS TWO PROPERTY THAT IS
    7  A RESIDENTIAL CONDOMINIUM OR RESIDENTIAL COOPERATIVE, AS SUCH CLASSES OF
    8  PROPERTY  ARE DEFINED IN SUBDIVISION ONE OF SECTION EIGHTEEN HUNDRED TWO
    9  OF THE REAL PROPERTY TAX LAW, THAT IS IN WHOLE OR IN PART OWNER OCCUPIED
   10  AND USED EXCLUSIVELY FOR RESIDENTIAL PURPOSES OR ADJACENT TO  ANY  HOUSE
   11  OF RELIGIOUS WORSHIP.
   12    B.  BEFORE MAKING THE SIDEWALK FLAG REPAIR, AS REQUIRED UNDER SUBDIVI-
   13  SION A OF THIS SECTION, THE COMMISSIONER SHALL PRUNE THE  ROOTS  OF  THE
   14  TREE CAUSING THE DAMAGE TO THE SIDEWALK FLAG.
   15    C. ALL SIDEWALK FLAG REPAIRS SHALL CONFORM WITH THE RULES AND SPECIFI-
   16  CATIONS  PROMULGATED  BY THE COMMISSIONER OF TRANSPORTATION FOR SIDEWALK
   17  REPAIRS.
   18    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   19  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03393-01-3