2006 New York Code - Earth, Rocks And Rubbish.



 
    §  16-127 Earth, rocks and rubbish. a. In all cases where the sidewalk
  or roadway of a street shall be incumbered or obstructed by  the  caving
  in  or falling off of any earth, rocks or rubbish, or anything whatever,
  from any lot adjoining such sidewalk or roadway, the owner  or  occupant
  of  such  lot,  or the agent of such owner or occupant, shall cause such
  earth, rocks, rubbish or other thing to be removed and cleaned from such
  sidewalk or roadway, within three days after a written or printed notice
  shall have  been  served  by  the  commissioner  or  a  duly  designated
  representative,  on  such  owner, personally, or shall have been left at
  the place of residence of such owner in this city;  or,  if  such  owner
  does  not  reside  in  the city, and such notice shall not be personally
  served, then within twenty days after such notice to be  sent  by  mail,
  addressed  to such owner at his or her place of residence, or, when such
  residence is unknown to such commissioner, within twenty days after such
  notice shall have been posted in a conspicuous place on such premises.
    b. If the owner, occupant or agent fails to comply with  such  notice,
  within  the  time  specified  in this section, after notice thereof, the
  commissioner shall cause the same to be removed at the  expense  of  the
  owner,  occupant  or  agent,  and  such  expense  shall  be sued for and
  recovered in the name of the city.
    c. The corporation counsel shall cause a statement of  such  cost  and
  expense,  together  with the description of the premises, to be filed in
  the office of the register or county clerk of the appropriate county.
    d. Any person convicted of a violation of any  of  the  provisions  of
  this  section shall be punished by a fine of not less than fifty dollars
  nor more than two hundred fifty dollars, imprisonment for not more  than
  ten days, or both.
    e. Any person violating the provisions of this section shall be liable
  and responsible for a civil penalty of not less than twenty-five dollars
  nor more than one hundred dollars.
    f. In the instance where the notice of violation, appearance ticket or
  summons  is  issued  for  a breach of the provisions of this section and
  sets  forth  thereon  civil  penalties  only,  such  process  shall   be
  returnable  to  the  environmental  control  board, which shall have the
  power to impose the civil penalties hereinabove provided in  subdivision
  e of this section.
    g.  In  the  event  that  a  violator  fails  to answer such notice of
  violation,  appearance  ticket  or  summons  within  the  time  provided
  therefor  by  the  rules  and  regulations  of the environmental control
  board, such violator shall become liable for additional  penalties.  The
  additional penalties shall not exceed fifty dollars for each violation.

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