Rights of use of Community Driveway in N.Y.

[billflo]

What is the name of your state (only U.S. law)? New York Where I have my home,there is a community driveway that is shared by my block and the another block to have access to our backyards and garages,This is private property. The city of New York Dept.of sanitation has been using this community driveway for collection for over 40 years now. The sanitation and the city will not maintain this driveway in any way,paving,cleaning etc. and now the road is in very poor condition to drive on. The sanitation also is giving tickets for improper recycling etc. I have spoken to the city about this and asked them why the sanitation does not use the local street instead of the community driveway. The city says that they are allowed to use this driveway but will not show me any legal papers of them being allowed to use this driveway.They also say that they will not maintain this driveway and that the home owners have to fix this road.Can the city by law,be able to do this to us? I can not afford a lawyer so what can I do to have the city stop using this driveway and to have this road paved for us.

 

[racer72]

You answered your question in the title of your post.

Rights of use of Community Driveway in N.Y.

If it was a munincipal driveway, you might have a claim. Time for the community, ie, owners of the driveway, to pay up.

 

[HighwayMan]

What do the recycling violations have to do with the roadway use issue?

I don't know what your issue is here. My mother lives in a co-op which has private sanitation. However, DSNY picks up recycling from central locations on the co-op's property. This is private property but DSNY comes in and picks up the recyclables. No one thinks that makes the city liable to maintain the parking lot that the pickups occur in.

 

[HighwayMan]

so what can I do to have the city stop using this driveway and to have this road paved for us.

So I assume that if you force the city to stop using this "driveway" then they will no longer be able to pick up your garbage?

Why are you so hung up on this? I doubt very much that the passage of a DSNY truck twice a week has caused any damage to the road surface. If it's that big of a deal put up a gate to prevent access to the driveway.