Assemblyman Colton’s (D – Gravesend, Bensonhurst, Bath Beach, and Dyker Heights) office staff members will help a vulnerable 84-year-old senior to clean the overgrown weeds in the tree pit which is in front of her house and belongs to the city.  A vulnerable senior became a victim of a greedy, bureaucratic city agency.   

A puzzled 84-year-old senior came to my office hoping to find justice.  In the morning she found a summons that was issued to her on September 26, 2020, at 2:05 am. Summons stated section 16-118(2)(9) of administrative code reads littering prohibited. She was extremely upset that NYC DOS issued her a summons which she believes is unfair. I physically went to the location myself and found that in front of the constituent's house is tree pit. That tree pit was created by the city to plant a tree which they never did. With time weeds grew inside the tree pit.

The administrative code clearly describes as;

"§ 16-118 Littering prohibited. (2)Every  owner, lessee, tenant, occupant or person in charge of any building or premises shall keep and cause to be kept  the  sidewalk, flagging  and  curbstone  abutting  said  building or premises free from nuisances of every kind, and shall keep said  sidewalks, flagging, curbstones, and air shafts, areaways, backyards, courts and alleys free from garbage, refuse, rubbish, litter, and debris.  Such persons shall also remove garbage, refuse, rubbish, litter, debris and other offensive material between the curbstone abutting the building or premises and the roadway are extending one and one-half feet from the curbstone into the street on which the building or premises front. Such persons shall not, however, be responsible for cleaning the garbage, refuse, rubbish, litter, debris and other offensive material which accumulates at catch basins located within the one and one-half foot distance from the curbstone into the street.

(9) Any person violating the provisions of this section shall be liable for  a  civil  penalty  of not less than fifty dollars nor more than two hundred fifty dollars, except that for a second violation of subdivision one, three, four, or six of this section within any twelve-month period, such person shall be liable for a civil penalty of  not  less  than  two hundred  fifty dollars nor more than three hundred fifty dollars and for a third or subsequent violation of subdivision one, three, four  or  six of  this  section  within  any  twelve-month period such person shall be liable for a civil penalty of not less than three hundred fifty  dollar nor more than four hundred fifty dollars."

I took pictures of the tree pit, but surprisingly the administrative code doesn't say anything about overgrown weeds. It is simply overgrown weeds in the tree pit, which is not the homeowner's responsibility. Without any doubts once again, it demonstrates the bureaucratic mismanagement by the city administration. It is unfair and disgusting that advantage is taken of the law-abiding citizens of our city. Therefore, I am calling for dismissal of the summons.    

PRESS ADVISORY

What: Press are invited to Assemblyman Colton’s press conference

When: October 7, 2020, at 11:00 am

Where: 320 Bay 14^th Street, Brooklyn NY