Section 751.
§ 751. Department; commissioner. There shall be a department of
sanitation the head of which shall be the commissioner of sanitation.
Section 753.
§ 753. Powers and duties of the commissioner. a. Except as
otherwise provided by law, the commissioner shall have charge and
control of and be responsible for all those functions and operations of
the city relating to the cleanliness of the streets and the disposal of
waste, including, without limitation, the following:
(1) the sweeping, cleaning, sprinkling, flushing, washing and sanding
of the streets;
(2) the removal and disposition of ashes, street sweepings, garbage,
refuse, rubbish and waste;
(3) the removal of ice and snow from the streets;
(4) the removal of encumbrances from the streets and the storage or
disposal of such encumbrances;
(5) plans, design, construction, operation, alteration, repair,
maintenance, replacement, enlargement and regulation of the use of
incinerators, landfills and other plants, facilities and equipment
necessary for or useful for performing the functions and exercising the
powers and duties enumerated in this section; and
(6) the powers and duties of the commissioner with respect to the
resource recovery task force set forth in subdivision f of section
fourteen hundred and three, of this charter.
b. The commissioner may adopt regulations specifying the kind of
ashes, garbage, refuse, rubbish or other material or substance that will
be collected by the city, from whom it will be taken, the manner in
which it shall be arranged or sorted, the time when it will be collected
and the place at which it shall be deposited for collection, and may
prescribe civil penalties for violations thereof.
c. Such regulations shall be enforced by order of the commissioner.
Such order shall be addressed to the owner or owners, lessees or
occupants of the building, structure, enclosure, vessel, place or
premises affected thereby. It shall not be necessary to designate such
owner or owners, lessees or occupants by name in such order, however the
premises shall be designated in the address so that the same may be
readily identified. Service of any such order may be made by delivery
of a copy thereof to the owner or any one of several owners, to a lessee
or any one of several lessees, or to any person of suitable age or
discretion in charge of the premises, or if no person be found in charge
of the premises, then by affixing a copy of such order prominently upon
the premises. If such order is not complied with within the time
specified therein, the commissioner shall prosecute the person or
corporation liable therefor for the penalty prescribed by the regulation
violated in furtherance of which such order shall have been issued and
served.
d. The commissioner may adopt regulations controlling the use of
sidewalks and gutters by abutting owners and occupants for the
disposition of sweepings, garbage, refuse or rubbish, and may provide
that the violation thereof shall be punishable by civil penalty, fine or
imprisonment. Such regulations shall be submitted to the council and
when approved by it shall be published and enforced in like manner as
local laws.
Section 754.
§ 754. Duties and obligations of property owner with respect to
keeping vacant lots clean. Notwithstanding any provision of law, the
owner of any property at such owner's own cost shall keep any vacant lot
or lots on such property in a clean and sanitary manner and free of
debris and other litter. The department of sanitation shall be
responsible for the enforcement of this section and may issue rules and
regulations in furtherance of such authority. In the event that an
owner of property fails to comply with the provisions of this section,
or the rules and regulations of such department, the department may
provide for the cleaning of a vacant lot at the expense of the property
owner in the manner to be provided by local law.
Section 755.
§ 755. Definition. When used in this chapter "street" includes
street, avenue, road, alley, lane, highway, parkway, boulevard,
concourse, driveway, culvert and crosswalk, and every class of public
road, square and place, except a wharf, pier, bulkhead or slip by law
committed to the custody and control of any other agency.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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