the property Owner of the determination of the sidewalk assessment review board in writing within fifteen business days of receiving the determination from the sidewalk assessment review board. The borough office shall also notify the property owner in writing that if the property owner is not satisfied with the determination, of the right to file a notice of claim with the office of the comptroller as provided by section 19-152.2 of the administrative code of the city of New York and of the right to file a petition for appeal and commence a proceeding to review and/or correct the notice of account and/or the quality of work performed under the direction of the department in the manner provided by section 19-152.3 of the administrative code of the city of New York. Such notice shall also include the appropriate claim form to be filed with the office of the comptroller.

Upon receipt of complaint in the appropriate borough office of the department regarding the quality of work, the department shall send an inspector to investigate the complaint within thirty days. Where appropriate the department shall notify the property owner in writing of the inspection date at least five days prior to the inspection date. If the quality of the work is determined to be poor, the work shall be corrected by the appropriate contractor within eighteen months of substantial completion. If the property owner alleges that the subsequent or the corrective work was of poor quality, or if the inspector determines that no correction is required, the property owner shall be informed in writing, where appropriate, within ten business days, by the appropriate borough office of the department of the right to file a notice of claim with the office of the comptroller as provided in section 19-152.2 of the administrative code of the city of New York and of the right to file a petition for appeal and commence a proceeding to review and/or correct the notice of account and/or the quality of work performed under the direction of or by the department in the manner provided by section 19-152.3 of the administrative code of the city of New York. Such notice shall also include the appropriate claim form to be filed with the office of the comptroller. Upon receipt of a complaint other than a surement error, incorrect property assessment, that the property qualifies for local law sixty-seven or concerning quality of work performed under the direction of or by the department in the appropriate borough office of the department, the appropriate borough office shall notify, in writing, where appropriate, within ten business days, of the right to file a notice of claim with the office of the comptroller as provided by section 19-152.2 of the administrative code of the city of New York and of the right to file a petition for appeal and commence a proceeding review and/or correct the notice of account in the manner provided by section 19-152.3 of the administrative code of the city of New York. Upon request of the owner of property, the department through the appropriate borough office shall within fifteen business days provide for the reinspection as provided in section 19-152 of the administrative code of the city of New York. Upon request of the owner of property, the appropriate borough office shall within fifteen business days provide for the reinspection as provided in section 19-152 of the administrative code of the city of New York. The department shall also post signs in conspicuous places in the borough offices advising the public of such rights;

mea

to

§ 2. Section 2904 of the New York city charter, as added by local law number 27 of the city of New York for the year 1977 and as renumbered by local law number 102 of the city of New York for the year 1977, is amended to read as follows:

§ 2904. Duties and obligations of property owner with respect to [sidewalks] sidewalk flags, fencing of vacant lots and filling of sunken lots or cutting down of raised lots. The owner of any property at his own cost, shall

(1) install, reconstruct, repave and repair the sidewalk flags in front of or abutting such property, including but not limited to the intersection quadrant for corner property, and

(2) fence any vacant lot or lots comprising part or all of such property and fill any sunken lot or lots comprising part or all of such property or cut down any raised lot or lots comprising part or all of such property whenever the transportation department shall so order pursuant to standards and policies of the transportation department and section 19-152 of the administrative code of the city of New York. In the event that the owner fails to comply with the provisions of this EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

section, the transportation department may provide for the doing of same at the expense of the owner in the manner to be provided by local law and section 19-152 of the administrative code of the city of New York. § 3. Subdivision a of section 19-152 of the administrative code of the city of New York is amended to read as follows:

a. The owner of any real property, at his or her own cost and expense, shall (1) install, construct, repave, reconstruct and repair the sidewalk flags in front of or abutting such property, including but not limited to the intersection quadrant for corner property, and (2) fence any vacant lot or lots, fill any sunken lot or lots and/or cut down any raised lots comprising part or all of such property whenever the commissioner of the department shall so order or direct. Based upon risk or hazard assessment criteria, the commissioner shall so order or direct the owner to reinstall, construct, reconstruct, repave or repair a defective sidewalk flag in front of or abutting such property, including but not limited to the intersection quadrant for corner property or fence any vacant lot or lots, fill any sunken lot or lots and/or cut down any raised lots comprising part or all of such property after an inspection of such real property by a departmental inspector. Before conducting inspections, the department shall establish standard criteria for inspection to determine sidewalk flag defects based upon risk or hazard assessment criteria. The commissioner shall not direct the owner to reinstall, reconstruct, repave or repair a sidewalk flag existing at legal grade which was damaged by the city, its agents or any contractor employed by the city during the course of a city capital construction project[, provided (i) no sidewalk violation notice was outstanding prior to the commencement of such project, (ii) the owner files a notice with the department, personally or by certified or registered mail, return receipt requested, within sixty days of the completion of capital construction activity in the block in which the property is located, and (iii) such capital construction work was the cause of the damage].

§ 4. Subdivision c of section 19-152 of the administrative code of the city of New York is amended to read as follows:

or

or

c. Whenever the department shall determine that a sidewalk flag should be installed, constructed, or reconstructed, or repaved, based upon risk hazard assessment criteria or that a vacant lot should be fenced, or a sunken lot filled or a raised lot cut down, it may order the owner of the property abutting on such sidewalk flag or the owner of such vacant, sunken or raised lot by issuing a violation order to perform such work. Such order shall provide a detailed explanation of the inspection and the sidewalk defects according to sidewalk flags including a detailed diagram of the property and defects by type. The order shall also inform the owner of the existence of the borough offices within the department together with an explanation of the procedures utilized by the borough office as provided for in paragraph eighteen of subdivision a of section twenty-nine hundred three of the New York city charter as well as a complaint and appeal process, including the right to request a reinspection and then the right to appeal by filing a notice of claim with the office of the comptroller of the city of New York and thereafter a petition for appeal and commence a proceeding to review and/or correct the notice of account and/or the quality of the work performed under the direction of by the department as provided herein and the procedures as to how to appeal by filing a notice of claim with the office of the comptroller of the city of New York and how to file a petition and commence a proceeding to review and/or correct the notice of account and/or the quality of the work performed as provided herein and the location where the forms may be obtained. Such order shall specify the work to be performed, estimate of the cost of the work to repair the defects and the order shall [fix] also specify a reasonable time for compliance, provided that the time for compliance shall be a minimum of forty-five days. The department shall, by appropriate regulations, provide for a reinspection by a different departmental inspector[, if the owner of the property requests such reinspection] than the inspector that conducted the first original inspection upon request of the property owner to the appropriate borough office. Where appropriate, the department shall notify the property owner of the date of reinspection at least five days prior to the reinspection date. Such inspector conducting the reinspection shall conduct an independent inspection of the property without access to the reports from the first inspection. The inspector conducting the reinspection shall file a new report and the department shall issue a new order to the owner specifying the results of the reinspection with a detailed diagram of the property and defects by type. Such order shall

or

an

also advise the owner of the procedures utilized by the borough office as provided for in paragraph eighteen of subdivision a of section twenty-nine hundred three of the New York city charter and also of the right to challenge the notice of account and/or the quality of the work performed by filing a notice of claim with the office of the comptroller and thereafter a petition and commence a proceeding to review and/or correct the notice of account and/or the quality of the work performed under the direction of or by the department as provided in sections 19-152.2 and 19-152.3 of the code and specify the procedures as to how to appeal by filing a notice of claim with the office of the comptroller of the city of New York and how to file a petition and commence proceeding to review and/or correct the notice of account and/or the quality of the work performed and the location where the forms may be obtained.

a

§ 5. Subdivision e of section 19-152 of the administrative code of the city of New York is amended to read as follows:

e. Upon the owner's failure to comply with such order or notice within [thirty] forty-five days of service and filing thereof, or within ten days if such period is fixed by the department pursuant to subdivision d of this section, the department may perform the work or cause same to be performed under the supervision of the department, the cost of which, together with administrative expenses, as determined by the commissioner, but not to exceed twenty percent of the cost of performance, shall constitute a debt recoverable from the owner by lien on the property affected or otherwise. Upon entry by the city collector, in the book in which such charges are to be entered, of the amount definitely computed as a statement of account by the department, such debt shall become a lien prior to all liens or encumbrances on such property, other than taxes. An owner shall be deemed to have complied with this subdivision if he or she obtains a permit from the department to perform such work as specified in the order within the time set forth therein and completes such work within ten days thereafter.

§ 6. Subdivision f of section 19-152 of the administrative code of the city of New York is amended to read as follows:

f. Service of a notice or order by the department upon an owner pursuant to the provisions of this section shall be made upon such owner or upon his or her designated managing agent personally or by certified or registered mail, return receipt requested, addressed to the person whose name appears on the records of the city collector as being the owner of the premises. If the records of the city collector show that a party, other than the owner, has been designated to receive tax bills for such property, the notice shall be mailed to such party as well as to the owner of record, at his or her last known address, or, if it is a multiple dwelling, service upon the owner or managing agent may be made in accordance with section 27-2095 of the code. If the postal service returns the order with a notation that the owner refused to accept delivery of such notice, it may be served by ordinary mail and posted in a conspicuous place on the premises.

§ 7. Subdivision h of section 19-152 of the administrative code of the city of New York is amended to read as follows:

h. Nothing contained in this section shall impair or diminish the power of the city to install, construct, reconstruct, repave or repair [sidewalks] sidewalk sidewalk flags or to fence vacant lots or to fill sunken lots or to cut down raised lots or to enter into contracts with the Owners of premises abutting on streets for such installation, construction, reconstruction, repaving or repair of [sidewalks] sidewalk flags or fencing of vacant lots or filling of sunken lots, or cutting down of any raised lots, [upon such terms and conditions as may be approved by the board of estimate] in accordance with the rules of the procurement policy board. Nor shall anything contained in this section affect or impair any act done or right accrued or accruing, or acquired, or liability incurred prior to the effective date of this section, but the same may be enjoyed or asserted as fully and to the same extent as if this section had not been enacted.

§ 8. Subdivision i of section 19-152 of the administrative code of the city of New York is amended to read as follows:

i. [A] After the work has been performed or after inspection by the

department in the case where the work was performed under the direction

of

the department a notice of such account, stating the amount due and EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

the nature of the charge, shall be mailed by the city collector, within five days after such entry, to the last known address of the person whose name appears on the records of the city collector as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent. Such notice shall also inform the addressee of the existence of a complaint and appeal process including the procedures utilized by the borough office as provided for in paragraph eighteen of subdivision a of section twenty-nine hundred three of the New York city charter the right to appeal the amount due and the quality of work performed under the direction of or by the department by filing a notice of a claim with the office of the comptroller of the city of New York and thereafter by filing a petition and commence a proceeding to review and/or correct the notice of such account and/or the quality of the work performed under direction of or by the department as provided in sections 19-152.2 and 19-152.3 of the code and the location where the forms may be obtained. The owner shall only be responsible for the cost of reinstalling, constructing, reconstructing, repaving or repairing defective sidewalk flags ordered or directed by the department, not an entire sidewalk if the entire sidewalk lacks defects.

§ 9. Subdivision o of section 19-152 of the administrative code of the city of New York, as amended by local law 67 of the city of New York for the year 1985, is amended to read as follows:

o. Notwithstanding any inconsistent provision of subdivision e of this section, an owner of real property [(i) which is improved with a one, two, three, four, five or six family house; or (ii) which has an assessed valuation of no more than thirty thousand dollars,] shall not be required to pay for the cost of reinstalling, reconstructing or repaving [an] existing sidewalk flags which [is] are not at legal grade if:

(1) the notice or order requiring the work was issued in connection with a city capital construction project for street or sewer reconstruction; and

(2) the owner did not execute a waiver of grade with respect to the property; and

(3) the department of buildings issued a certificate of occupancy based upon a certification submitted to the department of transportation by a person authorized to make such certifications, other than the owner making application under this section, that the sidewalk flags abutting the property [was] were at legal grade although the sidewalk [was] flags were not, in fact, at legal grade; and

(4) [at the time of the issuance of the notice or order requiring the work there are no other defects in the sidewalk with respect to which the notice was issued except those which relate to grade; and

(5)] the owner agrees to cooperate with the city in any and all judicial or administrative proceedings arising out of the submission of the inaccurate certification; and

[(6)] (5) with respect to charges entered after the effective date of a chapter of the laws of nineteen hundred ninety-two which amends this paragraph, the owner makes application to the department of transportation pursuant to this subdivision within [thirty days] one year after the date of entry of the charge [or with respect to charges entered prior to the date of enactment of this paragraph (b) not later than six months after the date of enactment of this paragraph (6)] in a manner and form to be provided by such department.

Notwithstanding any other provision of law, in city capital construction projects, a property owner shall not be responsible to pay the cost of reinstalling, reconstructing or repaving sidewalk flags that are not at legal grade if those sidewalk flags were reinstalled, reconstructed or repaved consistent with the applicable city specifications within the past five years and have no defects which are unrelated to grade.

The department of transportation may require an owner to furnish proof that this subdivision applies with respect to any charge.

§ 10. Section 19-152 of the administrative code of the city of New York is amended by adding a new subdivision r to read as follows: r. The department shall keep record of all complaints submitted and work ordered and performed under this section and shall issue a public report for a minimum of three years containing such information including the number of complaints heard each year according to category, the number of reinspections performed and the dispositions of such reinspections.

§ 11. The administrative code of the city of New York is amended by adding two new sections 19-152. 2 and 19-152. 3 to read as follows:

§ 19-152.2 Claim process. a. A claim against the department arising from the city's performance pursuant to section 19-152 of the code shall be initiated within one year from the date of entry of a notice of account by filing a notice of claim with the office of the comptroller of the city of New York. The claim forms shall be provided to property Owners upon request at no cost.

b. If the office of the comptroller determines that the final work was improper, the office of the comptroller shall notify the department. The department shall pursue corrective measures and shall issue and mail a new notice within thirty days of such determination, stating when the same will be corrected and by whom, by mail addressed to the person whose name appears on the records of the city collector as being the Owner of the premises. If the records of the city collector show that a party other than the owner has been designated to receive the tax bills for such property, the notice shall be mailed to such party as well as to the owner of record, at his or her last known address, or if it is a multiple dwelling, service upon the owner or managing agent may be made in accordance with section 27-2095 of the code.

§19-152.3 Appeal process to small claims assessment review part. a. If an owner of property claiming to be aggrieved does not secure satisfaction with the office of the comptroller, such owner of property may file a petition for appeal and commence a proceeding to review and/or correct the notice of account and/or the quality of the work performed with the small claims assessment review part in the supreme court. The petition for appeal forms shall be provided to property owners upon request, at no cost. A fee of twenty-five dollars shall be paid upon filing of each petition, which shall be the sole fee required for petitions pursuant to this section. Such petition shall contain an allegation that at least thirty days have elapsed since the notice of claim, based on section 7-201 of the code upon which such action is founded, was presented to the office of the comptroller for adjustment, and that the comptroller has neglected or refused to make an adjustment, or payment thereof for thirty days after such presentment.

b. The petition for an appeal form shall be prescribed by the department after consultation with the office of court administration. Such form shall require the petitioner to set forth his name, address and telephone number, a description of the real property for which the appeal is sought, the types of property defects or a description of the violations, a concise statement of the ground or grounds upon which the review is sought and any such information as may be required by the department and the office of court administration. No petition for an appeal form shall relate to more than one parcel of real property. The petition may be made by a person who has knowledge of the facts stated therein and who is authorized in writing by the property owner to file such petition. Such written authorization must be made a part of such petition and bear a date within the same calendar year during which the petition was filed.

c. The petitioner shall personally deliver or mail by certified mail, return receipt requested a copy of the petition within seven days from the date of filing with the clerk of the supreme court to the commissioner of the department or a designee of the commissioner.

d. The chief administrator of the courts shall appoint a panel of small claims hearing officers within the small claims assessment review program in the supreme court selected from persons requesting to serve as such hearing officers who have submitted resumes of qualifications to hear the proceedings relating to sidewalks and lots. Hearing officers to be appointed to the panel shall be qualified by training, experience, and knowledge of real property improvement and valuation practices and provisions of state and local law governing real property improvements, liabilities and assessments, but need not be attorneys at law. The chief administrator of the court shall randomly assign a hearing officer or hearing officers to conduct an informal hearing on the petition for appeal with the applicants for small claims and a representative of the department. Hearing officers assigned shall be familiar with the department and shall not possess any conflict of interest as defined by the public officers law with regard to the petitions heard. Hearing officers shall be compensated for their services in accordance with a fee schedule established by the chief administrator of the courts.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law