§ 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.