NY Gen City L § 38-A (2021)
2021 New York Laws GCT - General City Article 3 - Enacted Without a Hdg 38-A - Removal of Walls Encroaching on Streets.

§ 38-a. Removal  of  walls  encroaching on streets. 1. If the front or   other exterior wall of any building erected on or before the  first  day   of January, nineteen hundred sixty, in any city encroaches not more than   six inches upon any street or highway, no action or proceeding to compel   the  removal  of  such  wall  shall be instituted or maintained by or on   behalf of the city, or by  or  on  behalf  of  any  person  claiming  an   easement  in  or  title to the portion of the street or highway on which   such wall encroaches, unless such  action  or  proceeding  be  commenced   within  the  period of one year from the time this act takes effect, and   unless within such period a notice of the pendency  of  such  action  or   proceeding,  describing  the  property on which said building stands and   indexed against the owner thereof, be filed in the office of  the  clerk   of the county in which the property lies.2.  If  the front or other exterior wall of any building erected after   the first day of January, nineteen hundred sixty, in any city encroaches   not more than six inches upon  any  street  or  highway,  no  action  or   proceeding  to  compel  the  removal of such wall shall be instituted or   maintained by or on behalf of the city, or by or on behalf of any person   claiming an easement in or title to the portion of the street or highway   on which such wall encroaches,  unless  such  action  or  proceeding  be   commenced  within the period of one year from the time of the serving of   a notice as hereinafter provided, and unless within such period a notice   of the pendency of such action or proceeding, describing the property on   which said building stands and indexed against  the  owner  thereof,  be   filed  in  the  office  of the clerk of the county in which the property   lies. Any person having any interest  in  the  property  on  which  such   building  stands  may  serve  a notice on the corporation counsel of the   city in which said property lies, setting forth a brief  description  of   the property, his interest therein, and the existence of an encroachment   on  the street or highway. Such notice, together with proof or admission   of service thereof, shall be filed in the office of  the  clerk  of  the   county  in  which  such  property lies. The clerk shall index and record   such notice as if it were a notice of the  pendency  of  an  action  and   shall  collect the usual fees for recording and indexing a notice of the   pendency of an action.3. If no action be brought within the period hereby  limited  therefor   the owners and encumbrancers of such property shall be deemed to have an   easement for the maintenance of the encroaching wall so long as the said   wall shall stand, and no longer.4.  If  the front or other exterior wall of any building erected on or   before the first day of January, one thousand nine hundred  seventy-nine   in  any city encroaches not more than six inches upon any city street or   city highway, the local legislative body of any city may  authorize  the   maintenance  of such encroachment by ordinance during the period of time   the encroaching wall is  in  existence;  provided,  however,  that  such   authorization shall not confer any right or claim to be asserted against   such city or the state.5. a. The owner of real property upon which the front or exterior wall   of  any  building  thereon encroaches upon any city street or highway of   cities with a population of less than one million, may submit a request,   in writing, to the legislative body of such city  for  authorization  to   maintain  such  front  or  exterior wall during the time such wall is in   existence.b. Upon presentation of such request, notice thereof shall be given to   the head of the city department responsible  for  the  construction  and   maintenance  of  city streets and roads in the city, who shall recommend   to the legislative body the proposed  action  on  such  request.  Within   thirty days of the presentation of such request, the legislative body of    such  city  shall  determine  if  the  granting  of  such  request shall   adversely impact upon the users of the city street or  highway.  In  the   event  a  determination  is  made  that such encroachment does adversely   impact upon the use of the city street or highway, such request shall be   denied.  In  the  event  a  preliminary  determination is made that such   encroachment may have no adverse impact upon the use of the city  street   or  highway,  the legislative body of the city shall, within thirty days   after the issuance of such preliminary finding, hold  a  public  hearing   upon such request, which public hearing shall be conducted upon not less   than  ten  days notice to the public. In addition to such public notice,   the owners of property, as determined from the last completed assessment   roll, within five hundred feet of the  property  as  measured  from  the   intersections  of  the  property  lines  with the city street or highway   shall be given notice by certified mail of such public hearing.6. If, upon the completion of the  public  hearing,  such  legislative   body  determines  that such front or exterior wall does not interfere or   impede the right of the public to use such city street or  highway,  the   legislative  body  may  grant to the owner of such property a license to   continue to maintain such front or exterior wall during the period  such   wall  is  in  existence;  provided  however,  such  city  shall have the   authority  to  revoke  such  license  at  any  time  in  the  event  the   legislative body of the city determines that such city street or highway   will  be  improved  and,  as  a result of such improvement, the front or   exterior wall will then impede, interfere with or  obstruct  traffic  or   the  use  of  the  city  street or highway; provided, further, that such   license shall not confirm any right or claim against such city. In  such   event,  the  owner of the property shall be given notice of the proposed   action and shall within the time set forth in the  notice,  remove  such   front or exterior wall from the city street or highway.7. Upon the abandonment of the building or in the event such building,   because of a lack of care enters a state of disrepair, the owner thereof   shall remove such front or exterior wall upon notice from the city.8.  The authority granted to a city pursuant to subdivisions five, six   and seven of this  section  may,  by  local  law,  be  assigned  to  any   department or agency of the city.