§ 28-204.6.5 Failure to pay charge.

If such charge is not paid within 30 days from the date of entry, it shall be the duty of the department of finance to receive interest thereon at the same rate as unpaid real property taxes, to be calculated to the date of payment from the date of entry.

§ 28-204.6.6 Enforcement of lien.

Such charge and the interest thereon shall continue to be, until paid, a lien on the property. Any remedy or procedure available for the enforcement of tax liens against such property, including, but not limited to, any sale of a tax lien or any foreclosure of a tax lien, shall be available with respect to such tax lien. In addition, such tax lien may be satisfied in accordance with the provisions of section 1354 of the New York state real property actions and proceedings law.

(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.

§ 28-204.6.7 Validity of lien.

In any proceeding to enforce or discharge a lien created pursuant to section 28-204.6, the validity of the lien shall not be subject to challenge based on the lawfulness of the judgment, except as provided in 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.

§ 28-204.6.8 Challenge.

No such challenge may be made except by the owner of the property or a mortgagee or lienor whose mortgage or lien would, but for the provisions of section 28-204.6, have priority over the department's lien.

(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.

§ 28-204.6.9 Notice to mortgagees and lienors.

Notwithstanding the foregoing provisions, no such judgment shall be entered and enforced as a tax lien against any property unless at the time of the issuance of the notice of violation a copy of such notice was also served on all mortgagees and lienors of record of such property by mail addressed to the recorded addresses of such mortgagees and lienors.

§ 28-204.6.10 Non-exclusive remedy.

The procedures provided in section 28-204.6 for the enforcement of environmental control board judgments against owners shall be in addition to any other methods provided under any other provision of law for the enforcement of such judgments.

(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.

§ 28-204.6.11 Tax lien reporting.

On December 31, 2018, the department of finance shall submit a report to the mayor and the council on tax lien activities as a result of environmental control board judgment debt. Such report shall include: (i) the number of buildings subject to tax liens for environmental control board judgment debts, disaggregated by whether the tax lien was a result of an illegal conversion, more than $60,000 in debt, or more than $30,000 in debt; (ii) the location of such buildings disaggregated by council district; (iii) the number of dwelling units in each building which is subject to a tax lien; and (iv) recommendations for whether a 25 percent lien to value ratio is an appropriate threshold for a property to be considered distressed and if it is not, such report shall contain recommendations for what an appropriate threshold would be.

(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.