2006 New York Code - Illegal Outdoor Signs; Public Nuisance.

 
    §  26-127.3  Illegal  outdoor signs; public nuisance. a. A sign with a
  surface area greater than two  hundred  square  feet  that  is  erected,
  maintained,  attached,  affixed,  painted  on,  or  in  any other manner
  represented on a  building  or  premises  in  violation  of  the  zoning
  resolution, the administrative code or rules adopted pursuant thereto is
  hereby  declared  to  be  a public nuisance. The commissioner may, after
  notice and hearing, order the removal of such illegal sign or  its  sign
  structure or both, as hereinafter provided.
    b. The commissioner shall serve a notice of hearing with regard to the
  proposed  nuisance abatement on the owner and mortgagee of record of the
  building or premises and other persons having a recorded interest in the
  property in the manner provided in subdivision c of section 26-127.2  of
  this  code  for the service of an order of closure. If the sign is under
  the control of an outdoor advertising company,  as  defined  in  section
  26-259  of  the  code,  and  an  address  for such company is reasonably
  ascertainable,  the  notice  shall  also  be  served  on  such   outdoor
  advertising  company  by mail to the last known address for such company
  or, if such company is registered in accordance with section  26-260  of
  the code, at the address provided to the department by the registrant.
    c.  The office of administrative trials and hearings shall conduct the
  hearing. The administrative law judge assigned to hear the matter  shall
  submit  his or her proposed findings of fact and recommended disposition
  to the commissioner. If based on such recommended disposition,  proposed
  findings  of  fact  and  the  record  of  the  hearing  the commissioner
  determines (i) that the sign has a surface area greater than two hundred
  square feet and, (ii)  that  the  sign  has  been  erected,  maintained,
  attached, affixed, painted on, or in any other manner represented on the
  building  or  premises  in  violation  of  the  zoning  resolution,  the
  administrative code or rules adopted pursuant thereto,  he  or  she  may
  order the removal of the illegal sign or its sign structure or both.
    d.  At  such  hearing it shall not be a defense that an owner or other
  person having an interest in the property lacked knowledge of or did not
  participate in the erection or maintenance of the illegal sign.
    e. The commissioner's order of removal shall  be  posted,  mailed  and
  filed  in  the  manner  provided in subdivision g of section 26-127.2 of
  this code for an order of closure.
    f. On or after the tenth business day after the posting of such  order
  and  upon the written directive of the commissioner, police officers and
  authorized representatives of the department shall act upon and  enforce
  such  order  by removing, covering, painting over or otherwise rendering
  ineffective the illegal sign or its sign structure or  both.  Such  work
  shall at all times be performed by a licensed sign hanger where required
  by  law. Nothing in this section shall be construed to prohibit an owner
  or other person having an interest in  the  property  from  removing  or
  causing  the  removal  of an illegal sign or its sign structure prior to
  the arrival of such enforcement officers. On and after  the  posting  of
  such  removal  order,  no  further permits for signs shall be issued for
  such building or premises pursuant to section 26-253 or sections 27-147,
  27-148 and article sixteen of sub-chapter one of title  twenty-seven  of
  this  code and, if the sign structure is not removed, no further display
  shall  be  exhibited  on  such  sign  structure  unless  and  until  the
  commissioner rescinds such order. The commissioner may rescind the order
  if  the  owner  or  other  person  having an interest in the building or
  premises provides assurance in a form satisfactory to  the  commissioner
  that  all  signs erected or maintained at such building or premises will
  be in compliance with the zoning resolution, the administrative code  or
  rules  adopted  pursuant to such provisions. If such order is rescinded,
  the commissioner shall, upon request of such owner, mortgagee  or  other


  person,  provide  a certified copy of such rescission which may be filed
  with the county clerk or register of the county in which  such  building
  or premises is located.
    g.  The  costs  and  expenses  for  painting over, covering, rendering
  ineffective or for the removal and storage of such  sign  and  its  sign
  structure  may  be  recovered  from the owner of the premises or, if the
  illegal sign is under the control of an outdoor advertising company  and
  notice  was  served  on such company in accordance with subdivision b of
  this section, from such outdoor advertising company. Such amounts may be
  recovered by the city in  an  action  or  proceeding  in  any  court  of
  appropriate jurisdiction and, with respect to amounts owed by an outdoor
  advertising  company,  by drawing upon any bond posted or other security
  provided by such company  pursuant  to  section  26-260  of  this  code.
  Nothing  in  this subdivision shall be construed to limit the ability of
  an owner to seek recovery of such costs  and  expenses  from  any  other
  party.
    h. In addition, such costs and expenses shall constitute a lien on the
  land and building on which the sign was located which may be entered and
  enforced  pursuant  to section 26-128 of this code in the same manner as
  an unpaid fee.
    i. The commissioner shall adopt rules to provide for the  storage  and
  disposal of any sign or sign structure removed pursuant to this section.
  If  the identity and address of the owner of such property is reasonably
  ascertainable, notice of the removal shall be sent to the owner within a
  reasonable period of time after the removal. If  such  property  is  not
  claimed  within  thirty days after its removal, it shall be deemed to be
  abandoned and may  be  sold  at  a  public  auction  after  having  been
  advertised  in  the  City  Record and the proceeds paid into the general
  fund or  if  the  commissioner  determines  that  the  property  is  not
  saleable,  he  or  she  may turn over such property to the department of
  sanitation for disposal. Property removed pursuant to this section 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.
    j.  For  the  purposes  of  this section the terms "sign" and "surface
  area", in reference to a sign, shall be as defined under  section  12-10
  of the zoning resolution.
    k.  An  order  of the commissioner issued pursuant to subdivision c of
  this section shall be a final  determination  of  the  commissioner  for
  purposes  of  review  pursuant  to  article  seventy-eight  of the civil
  practice law and rules. Notwithstanding any  inconsistent  provision  of
  paragraph (a) of subdivision six of section six hundred sixty-six of the
  New  York city charter, such order shall not be subject to review by the
  board of standards and appeals.