2006 New York Code - Replacement Of Pavement And Maintenance Of Street Hardware.

 
    §  19-147  Replacement of pavement and maintenance of street hardware.
  a.  General provisions. Whenever any pavement, sidewalk, curb or  gutter
  in  any  street  shall be taken up, the person or persons by whom or for
  whose benefit the same is removed shall restore such pavement, sidewalk,
  curb or gutter to its  proper  condition  to  the  satisfaction  of  the
  commissioner of transportation.
    b.  Rock  refills. Whenever rock is excavated, not more than one-third
  of the total excavation shall be refilled with the broken  stone,  which
  must  be  in pieces not exceeding six inches in their largest dimension,
  mingled with clean earth and sand, and restored in  such  manner  as  to
  insure the thorough and compact filling of all spaces.
    c.  Restoration  in certain cases. Whenever any pavement in any street
  shall be taken up, or any paving stones in  a  street  shall  have  been
  removed  in  violation  of  this  subchapter or of section 24-521 of the
  code, the person or persons by whom or for whose  benefit  the  pavement
  was taken up or paving stones removed shall forthwith return such stones
  to  their former places, and shall otherwise restore the pavement to its
  normal condition to the satisfaction of the commissioner.
    d. Maintenance  of  street  hardware.  All  utility  maintenance  hole
  (manhole)   covers,   castings,  and  other  street  hardware  shall  be
  maintained  flush  with  the  existing  surrounding  grade.  All  loose,
  slippery  or  broken utility maintenance hole (manhole) covers, castings
  and other street hardware shall be replaced at the direction of  and  to
  the satisfaction of the commissioner.
    e.  Payment of cost. If the pavement, sidewalk, curb, gutter or street
  hardware is  not  properly  restored,  replaced  or  maintained  to  the
  satisfaction  of the commissioner pursuant to subdivisions a, b, c and d
  of this section, the commissioner may restore, replace or  maintain  the
  pavement,  sidewalk,  curb,  gutter  or  street  hardware  to its proper
  condition and the person or persons by whom or  for  whose  benefit  the
  same  was  removed  shall  be  liable  for  the  cost and expense of the
  restoration.
    f. Rules. The commissioner is  hereby  authorized  to  establish  such
  rules  as,  in  his  or  her judgment, shall be deemed necessary for the
  purpose of carrying out the provisions of this section.
    g. Reasonable notice of improper or inadequate restoration of pavement
  or maintenance of street hardware. Except where  the  condition  of  the
  pavement or hardware is an imminent danger to life or safety, reasonable
  notice  of improper or inadequate restoration of pavement or maintenance
  of street hardware shall be given to a person by ordinary mail.  In  the
  case  of utilities such notice may be oral or written and shall be given
  to a person or at a place designated by  the  utility  and  the  utility
  shall respond within twenty-four hours.