§ 6-39 Removal of Telephones by the Department and Disposition of Removed Telephones.
RCNY § 6-39
(a)Any public pay telephones not removed by a permittee in compliance with an order of the Commissioner pursuant to this chapter shall be subject to removal pursuant to § 23-408 of the Code, and failure to so remove shall also be deemed a violation of subdivisions (b) and (c) of such section.
(b)Any telephone removed pursuant to this chapter that is not claimed by its owner within thirty (30) days of removal shall be deemed abandoned pursuant to § 23-408 of the Administrative Code. All abandoned public pay telephones may be sold at public auction after having been advertised in the City Record and the proceeds paid into the general fund or such abandoned telephones may be used or converted for use by the Department or by another City agency. A public pay telephone shall be released to the owner upon payment of the costs of removal, repair and restoration work, storage, and any fees for any administrative expense or expense of additional inspections incurred by the Department as a result of the violation, or, if any action or proceeding for the violation is pending in a court or before the Environmental Control Board, upon the posting of a bond or other form of security acceptable to the Commissioner in an amount which will secure the payment of such costs and any fines or civil penalties which may be imposed for the violation. If the owner does not claim a public pay telephone that has been removed, the owner shall still be liable for said costs.
