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TESTIMONY

Margaret Forgione, First Deputy Commissioner, NYC Department of Transportation on Intro 773 and DOT's coordination efforts and procedures for issuing notices of violation for sidewalk defects

0:50:06

·

119 sec

Forgione explains DOT's position on Intro 773, which would require DOT to check if sidewalk repairs are already planned before issuing notices of violation for defects.

  • DOT already coordinates closely with other agencies like Parks on sidewalk repairs
  • Issuing notices of violation only creates nonmonetary liens, not fines
  • DOT does not issue violations for defects solely caused by tree roots
  • In the last 5 years, less than 1% of city sidewalk repairs happened within 90 days of a violation notice
  • DOT believes the bill could create confusion over repair responsibility and delay repairs
Margaret Forgione
0:50:06
Finally, intro 773, sponsored by Council Member Lee.
0:50:10
This bill would require DOT prior to issuing a notice of violation for a sidewalk defect to determine if DOT or Parks already has plans to repair the same section of sidewalk.
0:50:21
If so, DOT's notice of violation would need to notify the property owner of the planned work and not issue a violation if such work would begin within 90 days.
0:50:31
DOT coordinates closely with parks and other agencies on sidewalk repairs.
0:50:35
Prior to construction, DOT performs a conflict check comparing the sidewalk repair plan with DOT and park scheduled projects and coordinates with the appropriate staff if there are any overlapping projects.
0:50:47
DOT And Parks also have quarterly coordination meetings.
0:50:51
It is important to note that a notice of violation for a sidewalk defect is a nonmonetary lien, and there is no affine associated with the notice.
0:51:00
In addition, DOT does not issue notices of violation for sidewalk defects caused solely by tree roots.
0:51:07
Finally, in the last 5 construction seasons, less than 1% of sidewalk repairs by the city have been made within 90 days of issuing a notice of violation.
0:51:16
While DOT supports the bill's intent to avoid redundant work, we believe this bill may have the opposite effect from what is intended.
0:51:24
This bill would create confusion about who is responsible for making sidewalk repairs, delays such repairs, and thus potentially undermine sidewalk safety.
0:51:34
We would be happy to discuss our current coordination efforts and how they can be improved with the council.
0:51:40
In conclusion, I would like to thank Council for the opportunity to testify before you today on the work DOT is doing to enhance intersections, sidewalks, and pedestrian safety on New York City streets.
0:51:51
We would now be happy to answer any questions.
Selvena N. Brooks-Powers
0:52:02
Thank you for that commissioner.
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