§ 6-36 Revocation of Permits, Removing and Rendering Public Pay Telephones Inoperable.
RCNY § 6-36
(a)Grounds for action by the Commissioner. The Commissioner may take such action pursuant to this section that he or she deems necessary and appropriate where: (1) there is reasonable cause to believe that an owner, or any employee, agent or independent contractor of such owner has violated the provisions of Chapter 4 of Title 23 of the Code or any provision of this chapter, or any of the terms or conditions contained in the permit for a public pay telephone issued pursuant to the provisions of Subchapter C or the terms and conditions of the owner's franchise agreement; (2) a public pay telephone unreasonably interferes with the use of a street by the public or the use of abutting private property or constitutes a danger to life or property or a public nuisance; (3) a knowing material omission or false statement has been made in relation to any application or certification made pursuant to this chapter; or (4) an owner of a public pay telephone has failed to pay any fines or penalties imposed in relation to such telephone.
(b)Actions by the Commissioner. In addition to any civil or criminal penalties provided by law, the Commissioner may take one or more of the following actions upon the occurrence of an event described in subdivision (a) of this section.
(1)Revocation of permit and removal of telephone. The Commissioner may revoke a permit, and upon such revocation, may further order the removal of the public pay telephone for which such permit has been issued. In the event the permittee fails to remove the public pay telephone and to perform related repair and restoration work within the time period specified by such order, the Commissioner may remove or cause the removal of the public pay telephone and have repair and restoration work performed at the expense of the former permittee, who shall be liable for the amount expended by the City.
(2)[Reserved.] (3) [Reserved.] (4) City authority to operate. The Commissioner may invoke the Department's authority pursuant to 67 RCNY § 6-47.
(c)Notification to permittee and opportunity to contest Commissioner's action. Except as provided in subdivision (e) of this section, before taking an action pursuant to this section, the Commissioner shall notify the owner of a public telephone with regard to which the action is proposed of the reason for such proposed action. Such notice shall specify the action, if any, that may be taken by the permittee to correct the condition and the manner and time period in which such condition must be corrected or in which, if the condition is not one that is capable of correction, the time by which the telephone shall be removed. Except as provided in subdivision (d) of this section the owner shall respond no later than five business days following such notice. Such response shall either: (i) certify to the Commissioner that such condition has been corrected in accordance with the manner specified by the Commissioner in such notice; or (ii) set forth the reasons why the Commissioner should not take the proposed action. Failure of an owner to timely respond to such notice by the Commissioner shall constitute default, and shall subject the owner to revocation of the permit and removal of the telephone pursuant to the provisions of subdivision (a) of this section. The Commissioner shall review the response of the permittee and notify the permittee of the final determination and the reasons therefor.
(d)Expedited removal of public nuisance. Notwithstanding any other provision of this section the Commissioner may, upon determination that a public pay telephone constitutes a public nuisance, notify the permittee of such determination and order that such telephone be removed within five (5) business days. A permittee may respond in writing to the Commissioner no later than five (5) business days following receipt of such notice setting forth any reasons why such telephone does not constitute a public nuisance. If, following review of such reasons, the Commissioner makes a final determination that such telephone constitutes a public nuisance, the Commissioner shall notify the permittee that such telephone must be removed forthwith. Failure to remove such telephone forthwith will subject the telephone to removal by the Department and repair and restoration work shall be performed at the expense of the permittee, who shall be liable in a civil action for the amount expended by the City.
(e)Emergency removal of telephone by Department.
