Section 11-2702. Imposition of charge

(a) In addition to any and all other
  license fees, charges and taxes, there is hereby imposed and there shall
  be paid an annual vault charge, beginning as  of  July  first,  nineteen
  hundred  sixty-two, for the privilege of occupying, using or maintaining
  a vault in the streets of the city, to be  paid  by  the  owner  of  the
  premises immediately adjoining the vault.
    (A) For periods prior to July first, nineteen hundred seventy-one such
  annual vault charges shall be at the following rates:
    1.  On  any vault occupying up to two hundred and fifty square feet in
  plane or surface area but no more than twelve feet in depth, thirty-five
  cents per square foot but not less  than  five  dollars  for  the  total
  occupancy;
    2.  On  any vault occupying more than two hundred fifty square feet in
  plane  or  surface  area  but  not  more  than  twelve  feet  in  depth,
  thirty-five cents per square foot for the first two hundred fifty square
  feet  of an area and sixty cents per square foot for that portion of the
  area in excess of two hundred fifty square feet;
    3. On any vault more than twelve feet in depth, an  additional  charge
  for  each additional ten feet in depth or fraction thereof calculated by
  adding the plane or surface area for each such additional depth  to  the
  area calculated pursuant to subparagraphs one and two and by applying to
  such total area the same rates as provided in subparagraphs one and two.
  The  additional  area  for  any additional depth of ten feet or fraction
  thereof shall however, be reduced by ten per cent for each foot of depth
  less than ten feet.
    (B) For periods beginning on or after  July  first,  nineteen  hundred
  seventy-one  and  ending on or before May thirty-first, nineteen hundred
  eighty, such annual vault charges shall be at the following rates:
    1. On any vault occupying no more  than  twelve  feet  in  depth,  one
  dollar  per  square foot of plane or surface area but not less than five
  dollars for the total occupancy;
    2. On any vault more than twelve feet in depth, an  additional  charge
  for each additional ten feet in depth, or fraction thereof calculated by
  adding  the  plane or surface area for each such additional depth to the
  area calculated pursuant to subparagraph one and  by  applying  to  such
  total area the same rate as provided in subparagraph one. The additional
  area  for  any  additional  depth  of ten feet or fraction thereof shall
  however, be reduced by ten percent for each foot of depth less than  ten
  feet.
    (C)  For  periods  beginning  on or after June first, nineteen hundred
  eighty such annual vault charge shall be at the following rates:
    1. On any vault occupying no more  than  twelve  feet  in  depth,  two
  dollars per square foot of plane or surface area;
    2.  On  any vault more than twelve feet in depth, an additional charge
  for each additional ten feet in depth, or fraction thereof calculated by
  adding the plane or surface area for each such additional depth  to  the
  area  calculated  pursuant  to  subparagraph one and by applying to such
  total area the same rate as provided in subparagraph one. The additional
  area for any additional depth of ten  feet  or  fraction  thereof  shall
  however,  be reduced by ten percent for each foot of depth less than ten
  feet.
    (D) Notwithstanding any provision of law to the  contrary,  no  annual
  vault  charge  or  additional  charge  shall be imposed pursuant to this
  chapter on or after June first, nineteen hundred ninety-eight.
    (b) Where the owner of the premises immediately adjoining the vault is
  exempt from or otherwise not liable for the  annual  vault  charge,  the
  tenant,  lessee or any other person using, occupying or maintaining such
  vault shall be liable therefor.

    (c) The annual vault charge imposed by this section shall be due from,
  and shall be paid by, the person  who  is  the  owner  of  the  premises
  immediately adjoining the vault on the first day of July of the year for
  which  such  charge  is  imposed  except  that, on and after June first,
  nineteen  hundred  seventy-two, such charge shall be due from, and shall
  be paid by the person who is  the  owner  of  the  premises  immediately
  adjoining  the vault on the first day of June of the year for which such
  charge is imposed. Where the annual vault charge is imposed pursuant  to
  subdivision  (b)  of this section, such annual vault charge shall be due
  from and paid  by,  the  tenant,  lessee  or  any  other  person  using,
  occupying  or maintaining the vault on the first day of July of the year
  for which such charge is imposed, except that for years beginning on  or
  after June first, nineteen hundred seventy-two, such charge shall be due
  from,  and  paid  by,  the  tenant,  lessee  or  any other person using,
  occupying or maintaining the vault on the first day of June of the  year
  for which such charge is imposed.
    (d)  In  the  event  that  the  annual vault charge as imposed by this
  chapter shall be held invalid, then such annual vault  charge  shall  be
  deemed a tax on the same basis and at the same rates as provided in this
  chapter  and  all  other  provisions  of  this  chapter shall be equally
  applicable.
    (e) Where, prior to the first day of August in any year in  which  the
  annual  vault  charge  imposed  hereunder shall be due and payable, if a
  vault or part thereof is made unavailable  for  use  or  occupancy,  the
  annual  vault  charge  paid for such year, pursuant to the provisions of
  this chapter,  shall  be  refunded  in  full  upon  application  to  and
  furnishing  of  such  proof  as the commissioner of finance may require.
  Where such closing of a vault occurs prior to the last day  of  December
  in  any  such  year,  fifty  percent  of the annual vault charge due and
  actually paid for  such  year  shall  be  refunded  to  the  payor  upon
  application  to  and  furnishing  of  such  proof as the commissioner of
  finance may require. Where such closing is limited to a part of a vault,
  such a refund shall be granted only  to  the  extent  that  the  closing
  reduces  the  area of the vault and thereby the amount of the charge for
  the vault.