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In any proceeding before the environmental control board, if it is found that the commissioner has failed to prove the violation charged, the order requiring the respondent to correct the condition constituting the violation and to file a certification of correction shall be deemed dismissed.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
Failure to comply with an order of the commissioner issued pursuant to section 28-204.2 or pursuant to any provision of law or rule enforced by the department in effect at the time the order was issued to correct and to certify correction of a violation within the applicable time period shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may extend the time for filing the certification of correction of a violation, but not for more than 30 days for each extension.
For the purposes of this section, if the environmental control board finds that a certification of correction filed pursuant to section 28-204.2 contained material false statements relating to the correction of a violation, such certification of correction shall be null and void and the penalties set forth in this code for the violation may be imposed as if such false certification had not been filed with and accepted by the department. It shall be an affirmative defense that the respondent neither knew nor should have known that such statements were false.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
Notwithstanding any provision of law to the contrary, environmental control board judgments for certain building code violations shall be entered against the owner and enforced as a tax lien against the property, as provided below. An environmental control board judgment against an owner for a building code violation with respect to (i) a private dwelling, a wooden-framed single room occupancy multiple dwelling, or a dwelling with a legal occupancy of three or fewer dwelling units,(ii) a violation of section 28-210.1 involving the illegal conversion, maintenance or occupancy of three or more dwelling units than are legally authorized by the certificate of occupancy or if no certificate of occupancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or that contains any space classified in an occupancy group other than occupancy group R, where the total value of all such judgments against such building is $60,000 or more, or (iv) a building that contains only space classified in occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such judgments against such building is $30,000 or more, shall result in a tax lien being entered against the property named in the violation for which such judgment was rendered, as hereinafter provided.
Exception: Notwithstanding any provision of law to the contrary, an environmental control board judgment shall not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered where:
1. Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by the city to a third party pursuant to section 11-412.1 of the administrative code within five years of such judgment.
2. Such property is the subject of a court order appointing an administrator pursuant to article 7-A of the New York state real property actions and proceedings law in a case brought by the department of housing preservation and development.
3. Such property is the subject of a loan provided by or through the department of housing preservation and development or the New York city housing development corporation for the purpose of rehabilitation that had closed within five years before such judgment.
(Am. L.L. 2017/094, 5/30/2017, eff. 9/27/2017; Am. L.L. 2017/153, 8/30/2017, eff. 12/28/2017; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
The department of finance shall keep a record of all such unpaid judgments. Such records shall be kept by tax lot and block number and shall be accessible to the public during business hours. An entry of a judgment on the records of the department shall constitute notice to all parties.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
All such unpaid judgments shall constitute a lien upon the property named in the violation with respect to which such judgment was rendered when the amount shall have been definitely computed as a statement of account by the department, and the department shall file such statement with the department of finance for entry against the property. Such lien shall have a priority over all other liens and encumbrances except for the lien of taxes and assessments. However, no lien created pursuant to this section 28-204.6 shall be enforced against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28-204.6.1 are satisfied.
A notice, stating the amount due and the nature of the charge, shall be mailed by the department of finance to the last known address of the person whose name appears on the records of the department of finance as being the owner or agent of the property or as the person designated by the owner to receive tax bills or, where no name appears, to the property, addressed to either the "owner" or the "agent."
Such notice mailed by the department of finance pursuant to this section shall have stamped or printed thereon a reference to section 28-204.6.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
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