Section 24-508. Construction of sewers by the owners of private property  


Latest version.
  • a.
      The owners of  private  property  at  their  cost  and  expense  and  in
      accordance with the provisions of section two hundred twenty-nine of the
      charter  may  construct sewers in the streets of the city by filing with
      the commissioner of environmental protection:
        1. Plans and specifications of such sewer;
        2. A duplicate copy of the contract for such construction, showing the
      cost thereof; and
        3. A satisfactory guarantee to such commissioner  of  payment  of  the
      expense of supervision of such construction. Upon his or her approval of
      such  plans,  specifications  and contract, the commissioner shall issue
      his or her permit for the construction of the proposed sewer.
        b. The commissioner of environmental protection thereupon  shall  file
      copies  of  the documents listed in subdivision a with the department of
      city planning, which shall forward  a  copy  within  five  days  to  the
      community  board  for  the  community  district in which the property is
      located, and to the appropriate borough board if the plans involve  land
      located  in  two  or  more  community districts. Such commissioner shall
      apportion the cost of construction, according to actual benefit, between
      the several parcels of property abutting on each side of  that  part  of
      the street through which the sewer is to be constructed.
        c.  Until  title  to  such  sewer  vests  in  the city of New York, as
      hereinafter provided, the commissioner of environmental protection shall
      grant permits for connection with such sewer only  to  those  owners  or
      occupants  of  the property abutting on that part of the street in which
      such sewer has been laid who shall prove payment to the party or parties
      who constructed and paid for such sewer of their proportionate  part  of
      the  cost and expense shall be paid without the addition of any interest
      charge. At such time as title to any such sewer shall vest in the  city,
      owners  or occupants of the property abutting on that part of the street
      in which such sewer has been laid who have not requested  permission  to
      connect  with  such sewer, and who have not made payment to the party or
      parties who constructed and paid for such sewer, shall have the right to
      connect with such sewer without payment of any  part  of  the  cost  and
      expense of such sewer.
        d.  Except  for the purpose of supervision, maintenance and use by the
      city in connection with its public sewer system,  such  sewer  shall  be
      deemed  the private property of the parties or party who shall have paid
      for its construction. When the owners of all the  property  abutting  on
      that part of the street in which any such sewer has been laid shall have
      paid  their  several  shares  of the cost of its construction, or when a
      period of seven years from the time of issuance of the  permit  pursuant
      to  subdivision  a hereof has elasped, whichever is earlier, it shall be
      the property of the city. The city in no event shall be liable  for  any
      part of the cost and expense of construction of any such sewer.
        e. It shall be unlawful for any person to represent to any prospective
      purchaser  of  property that a sewer constructed in any street is a city
      sewer unless such sewer shall have  been  constructed  by  the  city  in
      accordance  with  the  legally  adopted drainage plan of the city and/or
      accepted as a public sewer in accordance  with  the  provisions  of  the
      code.