Waterfront Property

NYC Admin. Code tit. 22, ch. 1, subch. 1

in effect

NYC Admin. Code § 22-101 Definitions.

§ 22-101 Definitions. As used in this title, the following terms shall have the following meanings: a. "Commissioner" shall mean the commissioner of the department of ports and trade. b. "Department" shall mean the department of ports and trade. c. "No-discharge zone" shall mean those bodies of water designated as vessel waste no-discharge zones pursuant to subdivision one of section thirty-three-e of the New York state navigation law. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/014.

NYC Admin. Code § 22-102 Secretary.

§ 22-102 Secretary. The commissioner shall appoint a secretary.

NYC Admin. Code § 22-103 Grant of lands under water within the projected boundary lines of streets.

§ 22-103 Grant of lands under water within the projected boundary lines of streets. a. To the end that the city may make needful provisions for navigation, intercourse and commerce of the city and adequately to develop and secure the same there is hereby granted in fee to the city, in all the public streams, rivers, sounds, bays and waters of all descriptions at any and all places within the city or adjoining the limits of the city, all and singular the property, estate, right, title and interest of the people of the state of New York, in, to, of, and concerning such lands under water, as are embraced within the projected boundary lines of any street intersecting the shore line, and which street is in public use or which may be hereafter opened for public use extending from high-water mark out into such streams, rivers, sounds, bays and waters so far (and limits in existing grants to the contrary) as the city shall now or at any time hereafter in the opinion of the board of estimate or the commissioner of ports and trade require the same for ferries, public wharves, docks, piers, bulkheads, basins, slips or other public structures, adjuncts and facilities for navigation and commerce. This grant shall include the right to reclaim such lands from such waters, and also all riparian rights and all rents, issues and profit of the premises herein granted. The commissioner of the state department of general services, from time to time, shall convey or patent the lands therein granted to the city for such purposes as and whenever required by the commissioner of ports and trade. b. Subdivision a of this section shall not impair or affect any existing valid private rights, or the existing riparian rights of owners of private property, or the lawful rights of private owners of docks, piers and other structures in the city or any part thereof. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/014.

NYC Admin. Code § 22-104 Lands under water not within the projected boundary lines of streets; patenting of.

§ 22-104 Lands under water not within the projected boundary lines of streets; patenting of. a. Patents of land under water within the city shall be made only to the city or to the riparian proprietor. Where, pursuant to section seven hundred five of the charter or section 22-132 of this chapter, a plan or plans for the construction of docks between street intersections shall be projected, the commissioner of ports and trade, with the approval of the board of estimate, may make application to the commissioner of the state department of general services for a grant of lands under water for that purpose. Such state commissioner thereupon shall give notice to the riparian proprietor before taking action in the matter and shall then make such grant to the city for the purposes specified in section 22-103 of this subchapter. Such grant, however, shall be subject to all the rights of the riparian proprietor, and before the city shall construct such public wharves or other structures in front of the land of such riparian proprietor, the city shall make just compensation to such proprietor for the value of all the riparian rights. b. Where application is made to the commissioner of the state department of general services by the riparian proprietor for a grant of soil or lands under water within the city, such state commissioner shall give notice thereof to the commissioner of ports and trade who shall examine into such application and certify to such state commissioner whether in his or her opinion the granting of the same will conflict with the rights of the city or be otherwise injurious to the public interests of the city. Such grant, if made, shall be confined to lands under water in front of such riparian proprietor and such state commissioner may insert such terms and conditions in the grant as are recommended by the commissioner of ports and trade and as will protect the public interests of the city in respect to navigation and commerce. The validity of any such grant or patent may be judicially determined in an action brought by and in the name of the city. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/014.

NYC Admin. Code § 22-105 Wharf property; proceedings to acquire.

§ 22-105 Wharf property; proceedings to acquire. a. The commissioner may agree with the owners of any wharf property, or uplands upon a price for the same and shall certify such agreement to the mayor. If the mayor approve such agreement, the commissioner shall take from the owners at such price, the necessary conveyances and covenants for vesting such wharf property or uplands in, and assuring the same to the city of New York forever, and such owner shall be paid such price by the city. If, however, the commissioner shall determine that the city should acquire such wharf property or uplands by condemnation, without first attempting to agree with the owners thereof for its purchase, the commissioner may, with the approval of the mayor direct the corporation counsel to take legal proceedings to acquire the same for the city. Thereupon, the corporation counsel shall take the same proceedings to acquire such wharf property or uplands as are provided for the taking of private property in the city for public streets or places, and the provisions of subchapter one of chapter three of title five of the code are hereby made applicable, as far as may be necessary, in any legal proceeding taken under this section. Before any such proceeding shall be instituted, a statement shall be furnished to the mayor of the valuation of the real property to be acquired as assessed for purposes of taxation. The title to such property shall vest in the city upon the date of the filing of the survey or map showing the real property to be acquired subdivided into parcels corresponding with the separate ownerships thereof in the office of the clerk of the county where such proceeding is pending; and all of the rights, title and interest of any and all of the owners or persons interested in such wharf property or uplands, shall cease and determine and be extinguished at such time. All the awards made in such proceedings for the value of property acquired or interests extinguished shall draw interest from the time of the vesting of the title in the city. b. The commissioner, with the approval of the board of estimate, may agree, license and permit private owners of any wharf property, to make the necessary improvements upon their property, so as to conform to the water front plan during the period which shall intervene prior to the extinguishment of such private ownership by the city. Such improvements shall be made by such owners under the supervision of or by the commissioner, as may be agreed upon, at the cost and expense of such private owners, in the first instance, and upon such reasonable terms as to reimburse such private owners for such improvements, and as to wharfage and other riparian rights thereon and therefrom, as may be agreed upon.

NYC Admin. Code § 22-106 Wharf property; acquisition; public hearing required.

§ 22-106 Wharf property; acquisition; public hearing required. The mayor, prior to approving or authorizing the acquisition of wharf property or uplands, or directing the vesting in the city of any title thereto, may hold a public hearing and shall refer any such proposed acquisition to the appropriate agency pursuant to the provisions of chapter eight of the charter. Public notice of any hearing held by the mayor shall be given by publication for six consecutive days in the City Record, not less than seven, nor more than thirty days before such public hearing. Such publication shall contain in addition to such information as the commissioner may deem proper, a description of the property to be affected by the order to acquire such property, a statement by the mayor of the date, time and place of such public hearing, and an abstract of the recommendation of the commissioner in relation to such vesting of title.

NYC Admin. Code § 22-107 Fixing the high water line.

§ 22-107 Fixing the high water line. a. The commissioner, by agreement with the upland owner, may fix, determine upon and establish the line of high water in front of the property of such upland owner upon such line or lines as the commissioner shall deem best adapted to the improvement of the water front. b. Such agreement may provide for the sale and conveyance to the upland owner of lands under water inside of such line, and for the purchase from such upland owner of lands outside of such line, or for the exchange of lands under water inside of such line for lands outside of such line. Such agreement for sale and conveyance, together with a map showing the lines so fixed, determined upon and established shall be transmitted to the department of city planning pursuant to the provisions of sections one hundred ninety-seven-c and one hundred ninety-nine of the charter. If such agreement involves the purchase or acquisition of such lands, the agreement, together with a map showing the lines so fixed, determined upon and established shall be transmitted to the mayor. Upon approval by the board of estimate of such agreement for sale and conveyance and upon approval of such agreement for purchase or acquisition by the board of estimate and by the mayor such sale and conveyance shall be made upon such terms and conditions as the board shall deem proper, and such purchase or exchange shall be made upon such terms and conditions as the board and the mayor shall deem proper.

NYC Admin. Code § 22-108 Sinking ships; placing at wharf property prohibited.

§ 22-108 Sinking ships; placing at wharf property prohibited. It shall be unlawful to place any vessel, craft or structure which is sinking or is in such condition that there is danger of it sinking or stranding, at any wharf property. Violation of this section shall be a misdemeanor punishable by a fine of not more than five hundred dollars and not less than ten dollars, or by imprisonment for not more than six months and not less than ten days, or by both, on complaint of the commissioner. One-half of any such fine shall be paid to the person or persons giving information which shall lead to the conviction of any person violating this section.

NYC Admin. Code § 22-109 Removal of trucks, merchandise and vessels.

§ 22-109 Removal of trucks, merchandise and vessels. Where any wharf property or marginal street shall be encumbered or obstructed in its free use or navigation by merchandise or material not affixed to such wharf property or marginal street, or by an automobile, wagon, truck or cart, or by any floating, stranded or sunken vessel or craft, and the owner, consignee or person in charge thereof shall fail to remove the same when directed by an order issued by the commissioner, pursuant to section seven hundred four of the charter, the commissioner may employ such labor and equipment as may be necessary to carry out such order. The commissioner may store such merchandise, material, automobile, wagon, truck, cart, vessel or craft in a warehouse or other suitable place at the expense of the owner. Such owner, consignee or person in charge of the merchandise, material, automobile, wagon, truck, cart, vessel or craft so removed or stored may redeem the same upon payment to the commissioner of the amount of all expenses actually and necessarily incurred in effecting such removal, together with any charges for storage. The commissioner shall be deemed a creditor of such owner, consignee or person in charge and each of them for the amount of the expenses so incurred and the commissioner may maintain an action against them, or any of them, to recover the same.

NYC Admin. Code § 22-110 Sale of unclaimed trucks, merchandise and vessels.

§ 22-110 Sale of unclaimed trucks, merchandise and vessels. Whenever such merchandise, material, automobile, wagon, truck, cart, vessel or craft shall remain unclaimed for thirty days after service of such order on such owner, consignee or person, the commissioner may then sell the same at pubic auction to the highest bidder, after advertisement for one week in the City Record. The commissioner shall deduct the expenses which have been incurred from the proceeds of such sale and shall hold the remainder of such proceeds in trust for such owner, consignee or person for twelve months. If such remainder is then unclaimed, it shall be paid into the general fund. Any excess of expenses which have been incurred in the removal, storage, advertisement and sale of such merchandise, material, automobile, wagon, truck, cart, vessel or craft over such proceeds of sale shall be recoverable from such owner or owners of the same in an action maintained by the commissioner.

NYC Admin. Code § 22-111 Destruction of unclaimed trucks, merchandise and vessels.

§ 22-111 Destruction of unclaimed trucks, merchandise and vessels. If no bids are received at the public sale authorized in section 22-110 of this subchapter, the commissioner may remove, destroy and break up or otherwise dispose of such merchandise, material, automobile, wagon, truck, cart, vessel or craft without liability for damage to the owners of or to any person having or claiming any interest in the same. The expense of such removal, advertisement, sale, destruction and disposal shall be recoverable from such owner, owners or persons in an action maintained by the commissioner.

NYC Admin. Code § 22-112 Navigable waters; fouling; obstructing.

§ 22-112 Navigable waters; fouling; obstructing. a. It shall be unlawful: 1. To place, discharge or deposit, by any process or in any manner, offal, piles, lumber, timber, driftwood, dirt, ashes, cinders, mud, sand, dredging, sludge, acid, or any other refuse matters floatable or otherwise in the port of New York, except under the supervision of the United States supervisor of the harbor, provided, however, that it shall not be a violation of this section to feed fish or waterfowl in the port of New York. 2. To discharge, or cause or permit to be discharged, into the port of New York, from any ship, steamer or other vessel, any oil, oil refuse, or other inflammable matter. 3. To discharge, or cause or permit to be discharged, any vessel waste from any ship, steamer, or other vessel into the waters of any no-discharge zone within the city of New York, or adjacent to the city of New York within a distance of one thousand five hundred feet from shore. For the purposes of this section, "vessel waste" shall mean sewage, whether treated or untreated, from marine toilets. b. Any person violating paragraph one or two of subdivision a of this section shall be guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine of not more than two hundred fifty dollars nor less than five dollars, or imprisonment for not more than six months nor less than ten days, one-half of such fine to be paid to the person giving information which shall lead to the conviction of the offender. c. Any person violating paragraph one or two of subdivision a of this section, which is not concurrently a violation of section 16-119 of this code, shall be liable for a civil penalty of not less than one thousand five hundred dollars nor more than ten thousand dollars for a first violation, and not less than five thousand dollars nor more than twenty thousand dollars for each subsequent violation of either paragraph. Such penalties may be recovered in a civil action brought in the name of the commissioner or in a proceeding before the environmental control board. d. The owner or operator of a ship, steamer, or vessel operating for commercial purposes, carrying passengers for hire, or serving primarily as a residence that violates paragraph three of subdivision a of this section shall be liable for a civil penalty of not less than five hundred dollars nor more than one thousand dollars for a first violation, and not less than one thousand five hundred dollars nor more than five thousand dollars for each subsequent violation. The owner or operator of any other vessel that violates paragraph three of subdivision a of this section shall be liable for a civil penalty of not more than five hundred dollars for a first violation, and not less than five hundred dollars nor more than one thousand dollars for each subsequent violation. All penalties set forth in this subdivision may be recovered in a civil action brought in the name of the commissioner or in a proceeding before the environmental control board. e. The provisions of this section may also be enforced by the commissioner of sanitation and the commissioner of environmental protection.

NYC Admin. Code § 22-112.1 [No-discharge zones.]

§ 22-112.1 [No-discharge zones.] a. Definitions. For purposes of this section, the term “pumpout facility” has the meaning ascribed to such term in the environmental conservation law. b. No later than December 31, 2025, the department of environmental protection shall develop a report that would summarize the additional construction and installation needed for all coastal bodies of water of the city to be designated as no-discharge zones. Such report shall include, at a minimum: 1. Which coastal bodies of water of the city have been designated as no-discharge zones; 2. The existing number and locations of pumpout facilities in or adjacent to the city’s coastal bodies of water; 3. Determine the number of additional pumpout facilities required to establish a no-discharge zone in each coastal body of water in the city, and the necessary locations of such pumpout facilities; 4. The costs that would be incurred in order to establish a no-discharge zone in each remaining coastal body of water in the city; and 5. The coastal bodies of water in which the establishment of a no-discharge zone would be most beneficial to water quality. c. If the department of environmental protection determines that establishing certain coastal bodies of water as no-discharge zones is not feasible despite the best efforts of city government, or if the fiscal cost of the installation of pumpout facilities along a particular coastal body of water would be significantly in excess of the typical cost of installation for equivalent pumpout facilities in other locations in the city, the department of environmental protection shall include such determination in the report and make recommendations with respect to actions that may be undertaken to achieve no-discharge zone status in all of the coastal bodies of water of the city. d. Each calendar year, beginning in the calendar year following the issuance of the report required pursuant to subdivision b of this section, until all of the coastal bodies of water of the city are designated as no-discharge zones or the department of environmental protection determines that establishing all of the coastal bodies of water of the city as no-discharge zones is not feasible pursuant to subdivision c of this section, the department of environmental protection shall install at least 2 public pumpout facilities until each coastal body of water hosts the number of operational pumpout facilities the department of environmental protection determines is required to be established as a no-discharge zone pursuant to the report required by subdivision b of this section or any update of such report. The department of environmental protection shall prioritize installing pumpout facilities in or around the coastal bodies of water that would most benefit from being designated no-discharge zones, as identified pursuant to the report required by subdivision b of this section or any update of such report. e. By December 31, 2027, and by December 31 of every second year thereafter, until all of the coastal bodies of water of the city have been designated as no-discharge zones by the United States environmental protection agency, other than any portions of such coastal bodies of water for which a determination has been made pursuant to subdivision c of this section, the department of environmental protection shall submit a report to the mayor and the council including but not limited to the following: 1. The number and locations of pumpout facilities constructed in or adjacent to the city’s coastal bodies of water since the date of the most recent report issued pursuant to this section and the number and locations of pumpout facilities to be constructed during the following calendar year; 2. Which coastal bodies of water of the city have been designated as a no-discharge zone since the date of the most recent report issued pursuant to this section; 3. An assessment of priorities pursuant to subdivision d of this section; and 4. An assessment of progress toward establishing all of the city’s coastal bodies of water as no-discharge zones. f. The department of environmental protection shall use best efforts to ensure that all no-discharge zones continue to meet federal eligibility criteria for no-discharge zones promulgated pursuant to the clean water act. (L.L. 2024/019, 1/20/2024, eff. 1/20/2024)

NYC Admin. Code § 22-113 Assignment of berths for vessels.

§ 22-113 Assignment of berths for vessels. a. Applications for berths shall be filed as the commissioner shall direct and shall be considered in the order of receipt. The commissioner shall have power: 1. To provide and assign suitable accommodations for all ships and vessels, and to regulate them in the berths they are to occupy at wharf property; 2. To remove from time to time such vessels not employed in receiving or discharging cargoes, to make room for such others as require to be more immediately accommodated for that purpose; 3. To determine as to the fact of such vessels being, fairly and in good faith, employed in receiving and discharging cargoes; 4. To determine how far and in what instance the master, and others having charge of ships and vessels, shall accommodate each other in their respective situations. b. Any master or other person, having charge of any vessel, canal boat, barge or lighter, who shall refuse or neglect to move the same when ordered to do so by the commissioner or other proper officer of the department, or who shall resist or forcibly oppose such commissioner or officer in the discharge of his or her duties, for every such offense, shall forfeit and pay the sum of fifty dollars, to be recovered with costs by and in the name of the department of ports and trade. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/014.

NYC Admin. Code § 22-114 Erection of sheds and warehouses.

§ 22-114 Erection of sheds and warehouses. The commissioner with the approval of the board of estimate may erect and maintain within the lines of and upon any marginal street, sheds, warehouses, coal pockets and other buildings and structures devoted to commercial uses in connection with the adjacent piers and bulkheads. The commissioner with the approval of the board of estimate may authorize the lessee of any marginal street to erect and maintain upon the premises so demised sheds, warehouses, coal pockets or other buildings or structures devoted to commercial uses in connection with the adjacent piers and bulkheads.

NYC Admin. Code § 22-115 Removal of sweepings, ashes and garbage.

§ 22-115 Removal of sweepings, ashes and garbage. The commissioner shall dispose of all sweepings, ashes and garbage removed by him or her in cleaning wharf property pursuant to subdivision b of section seven hundred four of the charter. For that purpose the commissioner may use concurrently with the department of sanitation, such dumping boards, slips and piers as may be assigned to and set apart for the use of such department.

NYC Admin. Code § 22-116 Improvement of water front property; permit required.

§ 22-116 Improvement of water front property; permit required. A written permit shall be obtained from the commissioner before any building, platform, sign, advertising device or any construction or obstacle of any kind be placed or maintained, on water front property owned by the city and under the charge and control of the department. Such a permit shall also be required for erection of such structures or the placing and maintenance of such devices on any other water front property when used in conjunction with and in furtherance of water front commerce and/or navigation. Such a permit shall also be required before any piles shall be driven, or any filling-in or construction, repairs, alterations, removal, dredging or demolitions of any kind be made on any part of the water front, except as may be otherwise provided by the charter or code of the city of New York.

NYC Admin. Code § 22-117 Unauthorized construction and maintenance of structures on water front property; penalty.

§ 22-117 Unauthorized construction and maintenance of structures on water front property; penalty. Any owner, lessee, occupant or agent of any water front property who shall place or permit the erection, placing or maintaining of any structure referred to in section 22-116 of this subchapter without a permit as required by such section, shall forfeit and pay a penalty of one hundred dollars, in addition to all damages resulting therefrom. There shall be a further penalty of twenty-five dollars a day for each and every day such structure shall be maintained after the expiration of the time specified for the removal thereof in any notice served upon such owner, lessee or occupant or agent.

NYC Admin. Code § 22-118 Construction of sheds; regulation by commissioner.

§ 22-118 Construction of sheds; regulation by commissioner. a. Whenever any person, shall be owner or lessee of any water front property, wharf, pier, dock or bulkhead, and shall use it for the purpose of regularly receiving and discharging cargo such owner or lessee, with the consent of the lessor, may erect and maintain thereon, sheds for the protection of property so received or discharged, provided they shall have obtained from the commissioner, license or authority to erect or maintain the same, subject to the conditions and restrictions contained in such license or authority. Such license or authority, after it has been granted and has been acted upon, shall not be revoked by such commissioner without the consent in writing of the mayor and the board of estimate. Notice shall be given to all parties having any interest therein of a hearing before the board of estimate to consider the application of the commissioner for the revocation of such license or authority. Such notice shall be given by publication thereof for six consecutive days in the City Record, not less than ten nor more than thirty days before such hearing, and by posting, not less than ten nor more than thirty days before such hearing, copies of such notice, in the form of handbills, upon the shed or sheds erected or maintained pursuant to such license or authority, or upon the water front property, wharf, pier, dock or bulkhead upon which such shed or sheds shall have been erected or maintained. Such sheds hereafter shall be constructed subject to the regulations and under the authority of the commissioner. The commissioner may build and maintain such sheds on any water front property, wharf, pier, dock or bulkhead owned by the city and under the charge and control of the department, and may lease the same; and any lessee thereof shall have all the rights and privileges above granted. b. Nothing in subdivision a of this section shall be construed to authorize the erection or maintenance on any pier of any storehouse, booths, shops or other structures than the sheds mentioned with the proper doors and gates appertaining thereto. The commissioner may grant a permit or license, however, upon such terms and conditions as he or she may deem proper to the lessee of piers twelve, thirteen, fifteen, and sixteen owned by the city in the borough of Staten Island, to maintain a place for the keeping and care of goods, merchandise and materials discharged from vessels, upon any floor of any such pier. c. Nothing contained in subdivision b of this section shall be construed as interfering in any respect with the government or regulation of the Staten Island free port.

NYC Admin. Code § 22-119 Commissioner may repair certain structures on privately-owned water front property and deepen adjoining water.

§ 22-119 Commissioner may repair certain structures on privately-owned water front property and deepen adjoining water. a. Where the owner of any privately-owned water front property, wharf, pier, dock or bulkhead, the structures wholly or partly thereon or such other structures used on such water front property in conjunction with and in furtherance of water front commerce and/or navigation fails to comply with an order of the commissioner, made pursuant to section seven hundred four of the charter, directing that repairs be made to such structures for the purpose of keeping them in a proper condition for use, or fails to comply with an order made pursuant to such section directing that the water near or adjoining any privately-owned water front property be deepened by excavating or removing the earth, mud, dirt or sand therefrom in such places and at such times as the commissioner may determine, such commissioner may himself or herself perform any or all of such work. b. The expense incurred by such deepening or repairs shall be a lien or charge upon the property or premises benefited.

NYC Admin. Code § 22-120 Commissioner may remove abandoned wharf structures.

§ 22-120 Commissioner may remove abandoned wharf structures. a. Whenever any pier, bulkhead, platform or other wharf structure shall be abandoned and constitute an obstruction to navigation, the commissioner shall notify the owner of such property, if known to him or her, to remove the same forthwith. If the owner is unknown, or is not within the city, or shall fail to comply with such notice, the commissioner shall cause such obstruction to be removed. The expense of such removal shall be recoverable by action from the owner and shall be a lien on the property so removed until paid. b. If such property is unclaimed within thirty days after removal, the commissioner shall advertise the same for sale, at public auction to the highest bidder, in the City Record for six days. The proceeds of each such sale shall be paid into the general fund.

NYC Admin. Code § 22-121 Maintenance of a drift- and debris-free harbor.

§ 22-121 Maintenance of a drift- and debris-free harbor. a. As used in this section the following terms shall have the following meanings: 1. "Debris" means any substance or material, whether on land or water, which is capable of becoming drift. 2. "Drift" means any substance or material, floatable or otherwise, which may cause damage to any vessel or craft or which may otherwise obstruct, impede or endanger the navigable capacity of the navigable waters of the city or cause any other condition hazardous to the life or safety of persons using such waters, including but not limited to piles, lumber, timber, driftwood, dirt, ashes, cinders, mud, sand, dredged materials, or refuse of any kind. 3. "Navigable waters" means the waterways which are capable of carrying commerce, and the tributaries thereto, within the geographical limits of the city. 4. "Owner" means a person having title to any premises or structure; a tenant, lessee or occupant; a mortgagee or vendee in possession; a trustee in bankruptcy; a receiver or any other person having legal ownership or control of any premises or structure. 5. "Premises" means any land or land under water and improvements or appurtenances or any part thereof including but not limited to any structure. 6. "Structure" means anything built or constructed including but not limited to a building, wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, derelict vessel, ship, barge, raft or floating craft of any kind. b. Whenever the commissioner determines that material of any kind placed or deposited on any premises located on or along the shores or banks of any navigable water may be or become a source of drift or debris liable to be washed into such navigable water by any cause whatsoever or that because of the deteriorated or deteriorating condition of any premises or structure located on or along the banks or shores of any navigable water such premises or structure may be or become a source of drift or debris liable to be washed into such water by any cause whatsoever and thereby cause damage to vessels or craft or otherwise obstruct, impede or endanger the navigable capacity of such water or cause any other condition hazardous to the life or safety of persons using such water, the commissioner may declare the same to be a public nuisance and order the owner of such premises or structure to remove, repair, reconstruct, alter or abate it as such order shall specify. It shall be the duty of an owner upon whom such an order has been served to remove, repair, reconstruct, alter or abate such public nuisance in the manner and in the time provided by such order. c. 1. An order of the commissioner issued pursuant to subdivision b of this section shall specify the work to be performed and shall fix a reasonable time for compliance but not less than thirty days from the date of service of such order. Such order shall contain a statement that upon the failure of the owner to comply with the commissioner's order within the stated time, the department may perform the work specified in the order or apply for a court order directing the owner to comply with the commissioner's order or directing the department to perform the work specified in the commissioner's order. Such statement shall also indicate that if the department performs any of the work specified in the commissioner's order, the expense incurred by the department in performing such work shall be a debt recoverable from the owner and a lien on the premises with respect to which such order was issued. 2. Service of such order shall be made upon the owner personally or by certified mail addressed to the last known address of such person or in any manner provided for service of process by article three of the civil practice law and rules. The commissioner may serve a copy of such order on any mortgagee or lienor of record in the same manner. 3. A copy of such order shall be filed with the office of the register in the county in which the premises with respect to which such order was issued are situated. 4. Within thirty days after service of such order upon an owner, such owner or a mortgagee or lienor upon whom a copy of such order has been served may request a hearing. At such hearing such person shall be entitled to be represented by counsel and to present evidence. The commissioner may affirm, modify or revoke the order. d. If the owner fails to comply with the commissioner's order within the time fixed for compliance pursuant to subdivision c of this section, the department may perform the work specified in the order. e. As an alternative to the remedy set forth in subdivision d of this section, if an owner fails to comply with the commissioner's order within the time fixed for compliance pursuant to subdivision c of this section, the commissioner may apply to any court of competent jurisdiction, upon such notice and in such manner as the court shall direct, for an order directing the owner to comply with the commissioner's order or directing the department to perform the work specified in the commissioner's order. f. The procedures set forth in subdivisions c, d and e shall not apply to the abatement of a nuisance with respect to any structure not affixed to real property, including but not limited to any derelict vessel, ship, barge, raft or floating craft of any kind. The commissioner shall provide for the abatement of a nuisance with respect to such structures pursuant to the procedures set forth in sections 22-109, 22-110 and 22-111 of this subchapter. g. 1. The expense of the department with respect to any work performed by or on behalf of the department pursuant to subdivisions d and e of this section shall be a debt recoverable from the owner and a lien upon the premises with respect to which such work was performed. 2. The department shall keep a record of all work performed by or on behalf of the department. Such records shall be accessible to the public during business hours. Within thirty days after the issuance of a purchase or work order for such work, such order shall be entered on the records of the department. Such entry shall constitute notice to all parties. 3. All such expenses shall constitute a lien upon the premises when the amount thereof shall have been definitely computed as a statement of account by the department and the department shall cause to be filed in the office of the city collector an entry of the account stated in the book in which such charges against the premises are to be entered. Such lien shall have a priority over all other liens and encumbrances on the premises except for the lien of taxes and assessments. However, no lien created pursuant to this section shall be enforced against a subsequent purchaser in good faith or mortgagee in good faith unless such transaction occurred after the date of entry of a purchase or work order on the records of the department pursuant to paragraph two of this subdivision. 4. A notice thereof stating the amount due and 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 in the office 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 have stamped or printed thereon a reference to this section. 5. If such charge is not paid within thirty days from the date of entry, it shall be the duty of the city collector to receive interest thereon at the rate of interest applicable to such property for a delinquent tax on real property to be calculated to the date of payment from the date of entry. 6. Such charge and the interest thereon shall continue to be, until paid, a lien on the premises. Such charge and interest may be collected and the lien thereof may be foreclosed in the manner provided by law for the collection and foreclosure of taxes, sewer rents, sewer surcharges and water charges due and payable to the city and the provisions of chapter four of title eleven of the code shall apply to such charges and the interest thereon and the lien thereof. 7. (1) In any proceedings to enforce or discharge the lien, the validity of the lien shall not be subject to challenge based on (i) the lawfulness of the work done; or (ii) the propriety and accuracy of the items of expenses for which a lien is claimed, except as provided in this paragraph. (2) No such challenge may be made except by (a) the owner of the property, or (b) a mortgagee or lienor whose mortgage or lien would but for the provisions of this section have priority over the department's lien. (3) An issue specified in subparagraph one which was decided or could have been contested in a prior court proceeding to secure a court order pursuant to subdivision e of this section shall not be open to reexamination, but if any mortgagee or lienor of record was not served with an order of the commissioner pursuant to paragraph two of subdivision c and with notice of such proceeding, his or her mortgage or lien shall have the same priority over the lien of the department that it would have had but for the provisions of this section. 8. In addition to establishing a lien, the department may recover such expenses and interest by bringing an action against the owner. The institution of such action shall not suspend or bar the right to pursue any other remedy provided by law for the recovery of such debt.

NYC Admin. Code § 22-122 Floating drydocks lawful.

§ 22-122 Floating drydocks lawful. It shall be lawful for floating drydocks to be used, with the consent of the owners of the wharf property, occupied for such use, or of the persons entitled to collect wharfage thereon, for the purpose of taking up ships or vessels for repair, coppering or finishing.

NYC Admin. Code § 22-123 Asphalt pavement on marginal streets; applications to open.

§ 22-123 Asphalt pavement on marginal streets; applications to open. Applications to open asphalt pavement under the control of the commissioner must be made to the commissioner and shall be subject to such rules and regulations as he or she shall establish pursuant to section seven hundred four of the charter.

NYC Admin. Code § 22-124 Covenants to maintain marginal streets; water front covenants generally; release of.

§ 22-124 Covenants to maintain marginal streets; water front covenants generally; release of. a. The owner of any lands in the city of New York formerly under water but now filled in and having streets physically laid out thereover or adjacent thereto, heretofore granted by the mayor, aldermen and commonalty of the city of New York, or by the city of New York, by a grant containing covenants or conditions requiring the maintenance of such streets, and otherwise, may file with the secretary of the board of estimate an application in writing for a release from such covenants and conditions setting forth a description of such lands, the ownership thereof, the number of feet fronting on the street and the width of such street together with a statement enumerating all of such covenants and conditions relating to such lands. Such application shall contain a statement that all covenants and conditions contained in such grant have been complied with except the covenant or condition for future maintenance of such street. Such secretary, upon payment by the applicant of a fee of fifty dollars to cover the expenses incident to investigating the truth of the statements contained in such application, shall make due inquiry and, if such statements are in fact true, shall present to such board a report and certificate as to the authenticity of the facts set forth in such application. Such board may thereafter adopt a resolution approving of the report of such secretary. If such report is approved by such board, such owner may obtain from the comptroller a release of all covenants and conditions contained in such grant insofar as such covenants and conditions affect the lands of the applicant, upon payment to the commissioner of finance of a sum equal to twenty dollars per front foot of such property based on a street sixty feet in width, or of a proportional sum based on streets having a greater or less width, and upon receipt of such sum, such comptroller for and on behalf of the city, shall issue to such owner a certificate evidencing such release, the same to be in form for recording. Such certificate shall be approved as to form by the corporation counsel and may be recorded in the same manner and in the same recording office as a deed of real property. After such release, with respect to any parcel, such city shall keep in repair or cause to be kept in repair the roadway portion of such street on which the parcel abuts. b. In the event that any such covenants or conditions, other than those requiring the maintenance of streets, have not been performed in whole or in part, a special application for a release from such covenants or conditions, on a form to be prescribed by the board of estimate, may be made by such owner to such board. Such application shall set forth a description of such land by metes and bounds, or by street and number, the dimensions of such land, a statement enumerating all the covenants and conditions relating to such land, or, in lieu thereof, a copy of the grant of such land, or other instrument, containing all such covenants and conditions and a statement of the particular covenants or conditions, specifying them, for the release from which the application is made, and such other information as such board may deem necessary or appropriate. Such board, upon payment of a fee of fifty dollars, shall cause an investigation to be made concerning the statement contained in such application. If satisfied from such investigation that the interests of the city will not be prejudiced thereby, such board, by resolution may authorize the comptroller to issue to such owner a release from such covenants and conditions for a sum of money to be agreed upon by and between such board and such owner. Upon receipt of such sum, such comptroller shall, for and on behalf of the city, issue to such owner a certificate evidencing such release. Such certificate shall be approved as to form by the corporation counsel and may be recorded in the office of the commissioner of transportation and in the same manner and in the same recording office as a deed of real property.

NYC Admin. Code § 22-125 Wharf property; lease; period.

§ 22-125 Wharf property; lease; period. Any lease of wharf property belonging to the city shall be for a term not exceeding fifty years, and may include covenants for renewal or renewals at advanced rents of such lease for terms not exceeding ten years each but not exceeding in the aggregate ninety-nine years.

NYC Admin. Code § 22-126 Recreation piers.

§ 22-126 Recreation piers. The commissioner may designate and set aside, as wholly free to the inhabitants of the city, the upper story of certain piers for the purpose of affording such inhabitants opportunity for healthful recreation. The commissioner may construct or rebuild such piers so as to provide such upper story or platform and approaches thereto.

NYC Admin. Code § 22-127 Application of private wharf property to a particular use.

§ 22-127 Application of private wharf property to a particular use. The commissioner may designate any wharf property which the owners thereof may apply to have set apart for the sole use of special kinds of commerce, or of steamboats, or of any other class or description of ships, or vessels, and may prohibit any ship, steamboat, or any other vessel or water craft whatever from entering or lying, mooring or anchoring at or within any such wharf property, except such as may be designated for their use.

NYC Admin. Code § 22-128 Leasing of wharf property set aside for general and special purposes; contents of publication prior to public hearing.

§ 22-128 Leasing of wharf property set aside for general and special purposes; contents of publication prior to public hearing. Publication of notice of a public hearing to lease wharf property described in subdivision a of section seven hundred four of the charter, in addition to such information as the commissioner may deem proper, shall contain the following: 1. The name and address, by street and number, of the proposed lessees. 2. A description of the property. 3. The proposed rental. 4. The proposed terms. 5. Whether the lessee is to have any special privilege under the lease, such as to erect and maintain a shed, ice bridge, or any privilege other than the right to collect cranage and wharfage. 6. A statement by the board of estimate of the date, time and place of such public hearing. 7. A copy of the recommendation of the commissioner to such board in relation to the proposed lease. Such proposed lease shall be open to inspection by any citizen at the office of the board of estimate at all times during business hours from the beginning of publication until the day of such hearing.

NYC Admin. Code § 22-129 Rates to be printed in wharfage bills.

§ 22-129 Rates to be printed in wharfage bills. a. All persons owning or having charge of any wharf property shall cause to be printed on the back of all bills presented by them for wharfage, cranage and dockage the provisions of subdivision j of section seven hundred four of the charter and the schedule of rates fixed pursuant thereto. b. The owner, consignee, or person in charge of any vessel may refuse to pay the wharfage, cranage or dockage due on such vessel unless, upon his or her demand, a bill is presented to him or her printed in conformity with this section. Any person, owning or having charge of any wharf property who shall receive for wharfage, cranage or dockage any rates in excess of those authorized in such schedule of rates shall forfeit to the party aggrieved treble the amount so charged as damages, to be sued for and recovered by the party aggrieved.

NYC Admin. Code § 22-130 Seal; description; legal effect.

§ 22-130 Seal; description; legal effect. a. The commissioner may direct the use of the seal of the department. Such seal shall be a device of the arms of the city of New York surrounded by the words, "Department of Ports and Trade. The City of New York," engraved upon a metal disc two and one-quarter inches in diameter, and the same may be renewed whenever necessary. An impression of such seal made directly on paper shall be as valid as if made on a wafer or on wax. b. Every lease, contract or other instrument, executed in pursuance of authority conferred on such commissioner by law, and sealed with such seal, attested and proved according to law by the secretary appointed by such commissioner, shall be received in evidence, and may be recorded in the proper recording offices in the same manner and with the like effect as if sealed with the seal of the corporation of the city of New York, attested and approved by the clerk thereof. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/014.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-39082Fetched: 10/24/2026