2006 New York Code - Construction And Excavation Sites; Storage Of Materials And Equipment On Street.

 
    §  19-121  Construction and excavation sites; storage of materials and
  equipment on street. a. Permit. It shall be unlawful for any  person  to
  obstruct,  or  cause  to  be  obstructed,  any  portion of a street with
  construction materials or  equipment,  unless  authorized  by  a  permit
  issued by the commissioner.
    b.  Conditions.  In  addition to any other conditions which may be set
  forth in such permit or in the rules of the  department,  the  following
  conditions shall apply:
    1.  Any  permit  granted pursuant to this section shall be posted in a
  conspicuous place on or near the material or equipment or  kept  on  the
  site or in the designated field headquarters of the work with respect to
  which  the  permit  was  issued  so  as  to  be  readily  accessible  to
  inspection.
    2. Sidewalks, gutters, crosswalks and driveways shall at all times  be
  kept  clear  and unobstructed, and all dirt, debris and rubbish shall be
  promptly removed therefrom. The commissioner may  authorize  encumbrance
  of  the  sidewalk  with equipment or material in a manner which will not
  prevent the safe passage of pedestrians on such sidewalk.
    3. The outer surface of such construction material or equipment  shall
  be  clearly marked with high intensity fluorescent paint, reflectors, or
  other marking which is capable of producing a warning glow  when  struck
  by the headlamps of a vehicle or other source of illumination.
    4.  All construction material and equipment shall have printed thereon
  the name, address and telephone number of the owner thereof.
    5. In a street upon which there is a  surface  railroad,  construction
  materials or equipment shall not be placed nearer to the track than five
  feet.
    6.  The  street under such construction material or equipment shall be
  shielded by wooden planking, skids or other protective covering approved
  by the commissioner.
    7. Construction material  or  equipment  shall  not  obstruct  a  fire
  hydrant,  bus  stop  or  any other area as set forth in the rules of the
  department  the  obstruction  of  which  would  impair  the  safety   or
  convenience of the public.
    c.  Removal  of unauthorized obstructions. The commissioner may remove
  any construction material or equipment placed in or upon any  street  in
  violation  of  this section, the rules of the department or the terms or
  conditions of a permit issued pursuant to this section. If the  identity
  and  address  of  the  owner  is reasonably ascertainable, notice of the
  removal shall be sent to the owner within a reasonable  period  of  time
  after  the  removal. If such material or equipment is not claimed within
  thirty days after its removal, it shall be deemed to  be  abandoned.  If
  the equipment is a vehicle, its disposition shall be governed by section
  twelve  hundred  twenty-four  of  the vehicle and traffic law. All other
  unclaimed material or equipment may be  sold  at  public  auction  after
  having been advertised in the City Record and the proceeds paid into the
  general  fund  or  such  unclaimed  material or equipment may be used or
  converted for use by the department or by another city agency  or  by  a
  not-for-profit  corporation  engaged  in  the construction of subsidized
  housing. Material or equipment  removed  pursuant  to  this  subdivision
  shall  be  released  to  the  owner or other person lawfully entitled to
  possession upon payment of the costs of removal and storage as set forth
  in the rules of the department and any fines or civil penalties  imposed
  for  the  violation  or, if an action or proceeding for the violation is
  pending in court or before the environmental  control  board,  upon  the
  posting of a bond or other form of security acceptable to the department
  in  an  amount which will secure the payment of such costs and any fines
  or civil penalties which may be imposed for the violation.