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What is NYC AC § 11-2706?

Quick Answer

This section establishes a presumption regarding the size of vaults as indicated on licenses issued by the borough president or commissioner of transportation, which affects the annual vault charge. The burden of proof lies with those disputing the stated size or claiming no license exists. Applies to property owners with vaults subject to annual charges.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 11-2706 Presumption and burden of proof.

AC § 11-2706

For the purpose of the proper administration of this chapter and to prevent evasion of the annual vault charge hereby imposed, it shall be presumed, except where the depth of a vault exceeds twelve feet, that the size of the vault as indicated upon the license therefor originally issued by the borough president up to and including December thirty-first, nineteen hundred sixty-two, and the commissioner of transportation thereafter is a proper measure of the charge until the contrary is established, and the burden of proving that the size of the vault is not accurately stated upon the license shall be upon the person so claiming. In cases where no license of record has been issued for a vault or where the depth of a vault exceeds twelve feet, the burden of proving the actual size of the vault shall be upon the person liable for the vault charge.

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