[Derived from Secs. 38 through 42 of Ch. IV of the Charter
and Ordinances, 1974]
Upon application of the owner of any premises or his agent,
the Department of Public Works may grant permission to a licensed
plumber, named in said application, to make openings in a public street
for the purpose of laying or repairing sewer or water pipes from the
mains in said street to the street line in front of said premises.
Such permit shall not be transferable. The plumber receiving the permit
shall cause the work to be done within the time specified therein.
The owner and the plumber shall be held responsible for any loss,
damage or injury resulting from said work. Openings in sidewalks and
driveways shall be filled in and restored to satisfactory condition
and maintained in such condition by the plumber for a period of two
years.
Openings made in pavement areas shall be backfilled with gravel
by the plumber authorized to make such opening, and immediately upon
the placing of such backfill, the plumber shall remove from the site
all materials excavated from such opening or openings.
In each case where such openings are to be made in a pavement
upon which the guaranties for repairs have not expired, the Department
of Public Works shall require such openings to be made by the principal
of such guaranty, or the consent of such principal and his surety,
in writing, shall be filed with the Department of Public Works, consenting
that such openings may be made by the plumber designated by the owner
of the premises. In any case, the Department of Public Works shall
require that openings in all pavements shall be repaired or repaved
by the person designated by it, or in its discretion, it may cause
such work to be done under its direction and at the expense of the
plumber or the owner of said premises at a price fixed by the City
Engineer.
Any person who shall open any street for any of the purposes mentioned in §§ 413-14 through 413-19 without the permission of the Department of Public Works or who shall fail to comply with any of the provisions of §§ 413-14 through 413-19 shall be liable to a fine or penalty as hereinafter provided, and the Department of Public Works shall cause the necessary repairs to be made and such expense to be assessed upon the premises in front of which said street was opened.
The foregoing regulations shall, so far as applicable, extend
to openings made in public streets by public utility corporations.
A.
A fee as provided in Chapter 175, Fees, shall be paid by the applicant upon the issuance of a permit to make one or more openings in the pavement in any block within the time limit specified in such permit. There shall also be deposited by the applicant with the Treasurer of the City the sum as provided in Chapter 175, Fees, for each opening to cover the cost of replacing the pavement over such openings made in streets, except that in streets where the pavement has been certified inexpedient to repair, a fee as provided in Chapter 175, Fees, for cutting the street shall be paid for each opening; provided, however, that the deposit for openings made in pavements shall not be required from a public utility corporation which has in force a bond to the City conditioned that it will satisfactorily replace the pavement over openings made by it.
B.
In the event that the cost of replacement exceeds the deposit, the
owner and the licensed plumber named in the application for such permit
shall be liable to the City for the payment of such additional sum.
No permit is herein provided shall be granted to any licensed plumber
who has failed previously thereto pay such additional sum when due.
No person shall remove a manhole cover and enter such manhole
to underground facilities unless another person is guarding the manhole
at surface level, nor shall a person supervising work thereat permit
a violation hereof.
A.
The Commissioner of Public Works is authorized to issue, to any person
or corporation having grants or franchises from the State of New York
or the City for the construction and maintenance of tracks, poles
lines, cables, wires, pipes, subways or conduits in the streets or
other public places of the City, permits for the construction or reconstruction
of such tracks, pole lines, cables, wires, pipes, subways or conduits
in such streets or other public places, except parks and park approaches
for which permission of the Commissioner of Parks is also required,
upon filing with and approval by the City Engineer of the plans of
the work to be done. No such permit shall be issued while the applicant
therefor shall be in default in filing or keeping on file a sufficient
bond required by or pursuant to any provision of law or by any provision
of the grant or franchise of such applicant. The permit shall state
the nature, extent and limitation of street obstructions occasioned
by such work and allowed therefor.
B.
No such permit shall be issued for work in a street within five years
after such street has been reconstructed or resurface, provided that
the Commissioner of Public Works shall have informed the grantee or
franchisee of the contemplated reconstruction or resurfacing of said
street at least two years in advance thereof. This prohibition shall
not apply if the Commissioner of Public Works determines that an emergency
situation requires the issuance of a permit.
No owner or occupant or contractor shall fail to comply with
the orders and directions of the Commissioner of Public Works hereunder.
Any failure or omission of the owner or occupant or contractor to
comply with said directions and conditions of the Commissioner of
Public Works shall make such owner or occupant or contractor liable
for the cost of removal and replacement of the damaged or improperly
cut curb or binder in addition to any prosecution therefor.
No person shall park any vehicle in any private driveway leading
to or from any entrance to or exit from any commercial parking lot
or station for a distance of at least 20 feet back from any street
line.
If, at any time within two years after a street opened for any of the purposes mentioned in §§ 413-14 through 413-19 shall have been replaced, it shall appear that the work of replacing or repaving the same was improperly and imperfectly performed, the Commissioner of Public Works shall notify the owner or occupant of the premises in front of which such street surface was opened and the plumber who made the opening to put the same in as good condition as before the same was opened, and if the persons receiving such notice shall neglect or refuse to repair such street surface within 48 hours thereafter, the Commissioner shall cause the necessary repairs to be made and report the expense thereof to the Common Council which shall direct such expense to be assessed upon the lot or premises in front of which such street surface was opened. Such assessment shall not preclude prosecution for neglect or refusal to repair such street surface.
