2006 New York Code - Removal Of Walls Encroaching On Streets.

 
    § 38-a. Removal  of  walls  encroaching on streets. 1. If the front or
  other exterior wall of any building erected on or before the  first  day
  of January, nineteen hundred sixty, in any city encroaches not more than
  six inches upon any street or highway, no action or proceeding to compel
  the  removal  of  such  wall  shall be instituted or maintained by or on
  behalf of the city, or by  or  on  behalf  of  any  person  claiming  an
  easement  in  or  title to the portion of the street or highway on which
  such wall encroaches, unless such  action  or  proceeding  be  commenced
  within  the  period of one year from the time this act takes effect, and
  unless within such period a notice of the pendency  of  such  action  or
  proceeding,  describing  the  property on which said building stands and
  indexed against the owner thereof, be filed in the office of  the  clerk
  of the county in which the property lies.
    2.  If  the front or other exterior wall of any building erected after
  the first day of January, nineteen hundred sixty, in any city encroaches
  not more than six inches upon  any  street  or  highway,  no  action  or
  proceeding  to  compel  the  removal of such wall shall be instituted or
  maintained by or on behalf of the city, or by or on behalf of any person
  claiming an easement in or title to the portion of the street or highway
  on which such wall encroaches,  unless  such  action  or  proceeding  be
  commenced  within the period of one year from the time of the serving of
  a notice as hereinafter provided, and unless within such period a notice
  of the pendency of such action or proceeding, describing the property on
  which said building stands and indexed against  the  owner  thereof,  be
  filed  in  the  office  of the clerk of the county in which the property
  lies. Any person having any interest  in  the  property  on  which  such
  building  stands  may  serve  a notice on the corporation counsel of the
  city in which said property lies, setting forth a brief  description  of
  the property, his interest therein, and the existence of an encroachment
  on  the street or highway. Such notice, together with proof or admission
  of service thereof, shall be filed in the office of  the  clerk  of  the
  county  in  which  such  property lies. The clerk shall index and record
  such notice as if it were a notice of the  pendency  of  an  action  and
  shall  collect the usual fees for recording and indexing a notice of the
  pendency of an action.
    3. If no action be brought within the period hereby  limited  therefor
  the owners and encumbrancers of such property shall be deemed to have an
  easement for the maintenance of the encroaching wall so long as the said
  wall shall stand, and no longer.
    4.  If  the front or other exterior wall of any building erected on or
  before the first day of January, one thousand nine hundred  seventy-nine
  in  any city encroaches not more than six inches upon any city street or
  city highway, the local legislative body of any city may  authorize  the
  maintenance  of such encroachment by ordinance during the period of time
  the encroaching wall is  in  existence;  provided,  however,  that  such
  authorization shall not confer any right or claim to be asserted against
  such city or the state.
    5. a. The owner of real property upon which the front or exterior wall
  of  any  building  thereon encroaches upon any city street or highway of
  cities with a population of less than one million, may submit a request,
  in writing, to the legislative body of such city  for  authorization  to
  maintain  such  front  or  exterior wall during the time such wall is in
  existence.
    b. Upon presentation of such request, notice thereof shall be given to
  the head of the city department responsible  for  the  construction  and
  maintenance  of  city streets and roads in the city, who shall recommend
  to the legislative body the proposed  action  on  such  request.  Within
  thirty days of the presentation of such request, the legislative body of
  such  city  shall  determine  if  the  granting  of  such  request shall
  adversely impact upon the users of the city street or  highway.  In  the
  event  a  determination  is  made  that such encroachment does adversely
  impact upon the use of the city street or highway, such request shall be
  denied.  In  the  event  a  preliminary  determination is made that such
  encroachment may have no adverse impact upon the use of the city  street
  or  highway,  the legislative body of the city shall, within thirty days
  after the issuance of such preliminary finding, hold  a  public  hearing
  upon such request, which public hearing shall be conducted upon not less
  than  ten  days notice to the public. In addition to such public notice,
  the owners of property, as determined from the last completed assessment
  roll, within five hundred feet of the  property  as  measured  from  the
  intersections  of  the  property  lines  with the city street or highway
  shall be given notice by certified mail of such public hearing.
    6. If, upon the completion of the  public  hearing,  such  legislative
  body  determines  that such front or exterior wall does not interfere or
  impede the right of the public to use such city street or  highway,  the
  legislative  body  may  grant to the owner of such property a license to
  continue to maintain such front or exterior wall during the period  such
  wall  is  in  existence;  provided  however,  such  city  shall have the
  authority  to  revoke  such  license  at  any  time  in  the  event  the
  legislative body of the city determines that such city street or highway
  will  be  improved  and,  as  a result of such improvement, the front or
  exterior wall will then impede, interfere with or  obstruct  traffic  or
  the  use  of  the  city  street or highway; provided, further, that such
  license shall not confirm any right or claim against such city. In  such
  event,  the  owner of the property shall be given notice of the proposed
  action and shall within the time set forth in the  notice,  remove  such
  front or exterior wall from the city street or highway.
    7. Upon the abandonment of the building or in the event such building,
  because of a lack of care enters a state of disrepair, the owner thereof
  shall remove such front or exterior wall upon notice from the city.
    8.  The authority granted to a city pursuant to subdivisions five, six
  and seven of this  section  may,  by  local  law,  be  assigned  to  any
  department or agency of the city.