NY State Senate Bill 2011-S6549

Senate Bill S6549

2011-2012 Legislative Session

Requires the city of New York to repair any sidewalk damaged by a tree under its exclusive care

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 27, 2012	referred to cities

2011-S6549 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Add §18-105.2, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2013-2014: S333
2015-2016: S939
2017-2018: S1510
2019-2020: S2553
2021-2022: S3539
2023-2024: S3479

2011-S6549 (ACTIVE) - Summary

Requires the city of New York to repair any sidewalk damaged by a tree under its exclusive care that is adjacent to any class one property, class two condo or coop or any house of religious worship.

2011-S6549 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6549

TITLE OF BILL:
An act
to amend the administrative code of the city of New York, in relation to
requiring the city of New York to repair any sidewalk damaged by a tree
under its exclusive care

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to codify existing policy in the city of
New York regarding a "trees and sidewalk repair" program and
extending the program beyond class one properties to include
cooperative and condominium properties that are in whole or in part
owner occupied and used exclusively for residential purposes as well
as houses of worship.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the administrative code of the city of
New York by adding a new section 18-105.2 requiring the city to
repair any sidewalk damaged by a tree under its exclusive care that
is adjacent to any class one property or class two property that is a
residential condominium or residential cooperative, that is in whole
or in part owner occupied and used exclusively for residential
purposes, or adjacent to any house of religious worship. The bill
also requires the city to prune roots of the tree causing damage
prior to making the sidewalk repairs.

Section 2 provides for this act to take effect on the sixtieth day
after it shall have become a law.

JUSTIFICATION:
The city of New York currently has a "Trees and Sidewalk Program" that
requires the city to repair any sidewalk damaged by a "curbside tree"
that is adjacent to any one-, two- or three-family residential
property.

This policy has proven to be effective in making sure the necessary
repairs are made to sidewalks that have been damaged by city-owned
trees thereby protecting pedestrians from injury due to damaged
sidewalks and to improve "tree health" without unfairly burdening
property owners with the significant costs of repairs that are caused
by trees over which they have no right to maintain or remove.

The bill seeks to codify this important and successful policy so it is
not subject to the political influences that may be caused by changes
in elected officials or administrative changes.

In addition, the bill will expand the program to include the repair of
sidewalks damaged by "city owned" trees that are adjacent to
cooperative and condominium properties in class two, that are in
whole or in part owner occupied and used exclusively for residential

purposes, as well as any house of religious worship. The owners of
these properties are entitled to the same assistance from the city
that is given to owners of one-, two- and three-family homes.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act to take effect on the sixtieth day after it shall have become
a law.

2011-S6549 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6549

                            I N  S E N A T E

                            February 27, 2012
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  requiring  the  city  of New York to repair any sidewalk
  damaged by a tree under its exclusive care

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The administrative code of the city of New York is amended
by adding a new section 18-105.2 to read as follows:
  S 18-105.2 TREES AND SIDEWALKS REPAIR  PROGRAM.  A.  THE  COMMISSIONER
SHALL  ARRANGE FOR THE REPAIR OF ANY SIDEWALK FLAG DAMAGED BY THE GROWTH
OF ROOTS OF ANY TREE UNDER THE EXCLUSIVE CARE OF  THE  COMMISSIONER  AND
THAT IS ADJACENT TO ANY CLASS ONE PROPERTY OR CLASS TWO PROPERTY THAT IS
A RESIDENTIAL CONDOMINIUM OR RESIDENTIAL COOPERATIVE, AS SUCH CLASSES OF
PROPERTY  ARE DEFINED IN SUBDIVISION ONE OF SECTION EIGHTEEN HUNDRED TWO
OF THE REAL PROPERTY TAX LAW, THAT IS IN WHOLE OR IN PART OWNER OCCUPIED
AND USED EXCLUSIVELY FOR RESIDENTIAL PURPOSES OR ADJACENT TO  ANY  HOUSE
OF RELIGIOUS WORSHIP.
  B.  BEFORE MAKING THE SIDEWALK FLAG REPAIR, AS REQUIRED UNDER SUBDIVI-
SION A OF THIS SECTION, THE COMMISSIONER SHALL PRUNE THE  ROOTS  OF  THE
TREE CAUSING THE DAMAGE TO THE SIDEWALK FLAG.
  C. ALL SIDEWALK FLAG REPAIRS SHALL CONFORM WITH THE RULES AND SPECIFI-
CATIONS  PROMULGATED  BY THE COMMISSIONER OF TRANSPORTATION FOR SIDEWALK
REPAIRS.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14144-02-2

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