Laws of New York (Last Updated: November 21, 2014) |
NYC New York City Charter |
Chapter 31. DEPARTMENT OF SANITATION |
Section 753. Powers and duties of the commissioner
Latest version.
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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.