Benches on Empire Boulevard

There are some benches on the sidewalk on Empire Boulevard between Washington Avenue and Flatbush Avenue. One bench in particular (the one closest to Dunkin Donuts) has been been rendered unusable for a long time because the back of the bench is bent forward. (It's been circled in red.) 

CityBench won't put a new bench there because the site "doesn't meet its requirements". When I asked what could be done about the old bench, I was told, "The wooden bench that  you are referring to is not a CityBench, and thus there is nothing we can do about it directly."

Does anyone have any suggestions as how to proceed?

Besides hitting the bench with a sledge hammer to make its back upright again?

A sledgehammer can be considered a dangerous weapon. you know.  

I don't understand why we can't have a new bench, or why maintenance can't be performed. I also don't understand how that bench ended up like that in the fist place. 

I predict a driver in the Wendy's parking lot jumped the curb. Hopefully there was no one sitting on the bench at the time.