2006 New York Code - Canopies.

 
    §  19-124  Canopies. a. Permit required. It shall be unlawful to erect
  or maintain a canopy over the sidewalk without a permit granted  by  the
  commissioner,  and  unless  such  canopy  is  erected  and maintained in
  accordance with this section and  the  rules  of  the  department.  Such
  canopies may be erected and maintained:
    1.  In connection with the entrance to a building or place of business
  within a building by or with the consent of the owner of the building.
    2. In connection with a sidewalk cafe licensed by the commissioner  of
  consumer affairs. Such canopies shall be constructed of a noncombustible
  frame,  covered  with  flameproof canvas or cloth, approved slow-burning
  plastic, sheet metal or other equivalent material, securely fastened  to
  the  face of the building and supported by posts in the ground or in the
  sidewalk, located between the building line and the curb line,  and  not
  less than eight feet above the sidewalk.
    b.  Permit  conditions.  A permit may be issued by the commissioner to
  erect and maintain  a  canopy  over  the  sidewalk  of  any  street,  in
  accordance   with   the  rules  of  the  department  if  deemed  by  the
  commissioner as adequate in respect to public safety and convenience and
  the special circumstances of the particular street or streets.  Evidence
  of  the issuance of such permit in a form prescribed by the commissioner
  shall be displayed at all times and in such manner as  the  commissioner
  may  direct.  No  such  permit  may  be  issued  in  streets  listed  as
  "restricted streets" in the rules of  the  department,  nor  where  such
  permit  would  extend  a  nonconforming  use in a residence district, as
  defined by the zoning resolution of the city.
    c. Permit fees. Prior to the issuance of such permit,  each  applicant
  shall pay to the commissioner an annual fee as set forth in the rules of
  the  department,  except  that  the  fee  for  a  permit for a canopy in
  connection with a sidewalk cafe licensed by the commissioner of consumer
  affairs shall be twenty-five dollars.
    d. Term; transferability.
    1. Each permit shall expire one year from the date of issuance thereof
  unless sooner revoked by the commissioner.
    2. A permit issued hereunder shall not be transferable from person  to
  person or from the location for which it is originally issued.
    e.  Advertising  prohibited.  It  shall  be  unlawful to paint, print,
  stencil or otherwise erect, attach or  maintain  any  advertising  sign,
  picture,  flag,  banner,  side  curtain  or other device upon any canopy
  except that it shall be lawful to paint,  imprint  or  stencil  directly
  upon  a  canopy, within the character and area limitations prescribed by
  the zoning resolution of the city, the house  or  street  number  and/or
  firm  name  or  duly  filed  trade  name  limited  to identification and
  excluding any descriptive words contained in  such  firm  name  or  duly
  filed  trade  name  tending  to advertise the business conducted in such
  premises.
    f. Obstructing of egress prohibited. No part of any  canopy  shall  be
  located  beneath a fire escape or so located as to obstruct operation of
  fire escape drop ladders or counter-balanced stairs or so as to obstruct
  any exit from a building.
    g. Violations. The owner or agent  of  any  building  and  the  owner,
  lessee,  tenant, manager or agent in charge of any portion of a building
  for the use or benefit of which  an  awning  or  canopy  is  erected  or
  maintained shall be liable for a violation of this section.
    h.  Rules.  The commissioner may, except as otherwise provided by law,
  make rules for the design,  construction  and  maintenance  of  canopies
  within the lines of any street and for the removal, storage and disposal
  of  unauthorized canopies as he or she may deem necessary for the safety
  and convenience of the public.


    i. Removal of unauthorized canopies. 1. Notwithstanding any  provision
  of  law  the  commissioner  may  serve  an  order  upon the owner of any
  premises requiring such owner to remove or to cause to  be  removed  any
  unauthorized  canopy  fastened  to  or  erected  in  front of his or her
  building,  within  a  period  to  be  designated in such order. Upon the
  owner's failure to comply  with  such  order  as  and  within  the  time
  specified  therein,  the  department may remove such canopy or cause the
  same to be removed, the cost of which shall be due and payable and shall
  constitute a lien against the premises  to  which  such  canopy  may  be
  attached  or in front of which it may be erected when the amount thereof
  shall have been definitely computed by such department and an  entry  of
  the  amount  thereof  shall  have been entered in the office of the city
  collector in the book in which such charges against the premises are  to
  be  entered.  A notice thereof, stating the amount due and the nature of
  the charge shall be mailed by the city collector, within five days after
  such entry, to the last known address of the person whose  name  appears
  on the records in the office of the city collector as being the owner or
  agent  or as the person designated by the owner to receive tax bills, or
  where no name appears, to the premises addressed to either the owner  or
  the  agent.  If such charge is not paid within ninety days from the date
  of entry, it shall be the duty of the  city  collector  to  collect  and
  receive  interest  thereon  at  the  rate  that would be applicable to a
  delinquent tax on such property, to be calculated to the date of payment
  from the date of entry. Such  charge  and  the  interest  thereon  shall
  continue  to  be,  until  paid,  a lien on the premises. Such charge and
  interest shall be collected and the lien thereof may  be  foreclosed  in
  the  manner  provided  by  law for the collection and foreclosure of the
  lien of such taxes, sewer rents, sewer surcharges and  water  rents  due
  and  payable  to  the  city, and the provisions of law applicable to the
  collection and foreclosure of the lien of such taxes, sewer rents, sewer
  surcharges and water rents shall apply to such charge and  the  interest
  thereon and the lien thereof.
    2.  Service  of  an  order upon an owner pursuant to the provisions of
  this section shall be made personally upon such owner  or  by  certified
  mail  addressed  to  the  last  known  address  of the person whose name
  appears upon the records in the office of the city  collector  as  being
  the owner of the premises or as the agent of such owner or as the person
  designated  by  the  owner  to receive the tax bills or, if no such name
  appears, at the address set forth as the address of  the  owner  in  the
  last  recorded  deed with respect to such premises. A copy of such order
  shall also be filed in the clerk's  office  of  each  county  where  the
  property is situated and posted in a conspicuous place on the premises.