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In the event that the family of any person seriously injured or who has died as the result of any unlawful occupancy or use described in section 28-214.3 is unable to collect a judgment recovered in a civil action for personal injury or wrongful death against a defendant who has violated section 28-214.3 because of the insolvency of such defendant, the city may, in its discretion, pay to such injured person or the family of such deceased person an amount, as hereinafter provided, collected from such defendant in an action relating to the same injury or death commenced by the corporation counsel against such defendant pursuant to this section.
(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.
Payments pursuant to section 28-214.3.1 shall be made as a matter of grace and shall be in such amounts and in accordance with such standards and procedures as shall be established by the mayor, provided, however, that any payment made pursuant to section 28-214.3.1 shall be in an amount not exceeding out-of-pocket expenses, including indebtedness reasonably incurred for medical or other services necessary as a result of the injury upon which such action is based; loss of earnings or support resulting from such injury; burial expenses not exceeding $2,500 of a person who died as a result of such unlawful occupancy or use described in section 28-214.3; and the unreimbursed cost of repair or replacement of articles of essential personal property lost, damaged or destroyed as a direct result of such unlawful occupancy or use. In no event shall the payment made to any person exceed the amount of such person's uncollected judgment for personal injury or wrongful death and in no event shall the total amount paid to any number of persons with such uncollected judgments against a single defendant exceed the actual amount collected by the city from such defendant in an action under this subdivision.
(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 other provisions of law, if the commissioner determines that a structure or premises or any part thereof poses an imminent danger of serious physical injury or death to the public or is in imminent danger of collapse and the exigency of the situation is such that any delay may cause further danger to the public safety, then the commissioner may direct the commissioner of housing preservation and development or the department of citywide administrative services, or other authorized agency to perform or arrange the performance of the emergency work on, or demolition of such structure or premises or part thereof or such other work as deemed by the commissioner to make it safe.
The expenses of the city in performing emergency work on any structure or part of such structure pursuant to this article shall constitute a debt recoverable from the owner and a lien upon the land and any part of such structure that was not demolished. Every such lien shall have priority over all other liens and encumbrances on the premises except for the lien of taxes and assessments. Except as otherwise provided by rule of the affected agency, the agency incurring such expense shall be governed by the procedures set forth in article 8 of subchapter 5 of the New York city housing maintenance code with respect to the enforcement of such debt and lien against all types of structures, including those authorized to be occupied or otherwise occupied for residential, commercial, and manufacturing purposes.
(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.
It shall be unlawful for any person to interfere, obstruct or hinder the commissioner or the commissioner of citywide administrative services, housing preservation and development, or other authorized agency, or any person who, acting under the authority conferred on such person by such commissioner, is performing the work authorized by section 28-215.1.
(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 police commissioner shall enforce such orders or requirements when requested by the commissioner and shall likewise enforce same at the request of the commissioner of citywide administrative services, housing preservation and development, or other authorized agency, with respect to work performed by or under the direction of such commissioner pursuant to the provisions of section 28-215.1.
(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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