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§ 28-216.8.5 Enforcement.
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, the commissioner of housing preservation and development, or the commissioner of other authorized agency, with respect to work performed by or under the direction of such commissioner pursuant to the provisions of section 28-216.8.3.3.
(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.
§ 28-216.9 Return of precept and reimbursement of city.
Upon compliance with any precept issued to the commissioner in a proceeding under this article, the commissioner may make return thereof, with an endorsement of the action thereunder and the costs and expenses thereby incurred, to the justice of the court from which such precept issued. Such just ice shall then tax and adjust the amount endorsed upon such precept, and shall adjust and allow the disbursements of the proceeding, including but not limited to the preliminary expenses of searches, service of the notice of survey and summons on interested parties, surveys thereof, and costs of executing the precept, which shall be inserted in the judgment in such proceeding. Such justice shall then render judgment for such amount and for the sale of the premises named in such notice, together with all the right, title and interest that the person named in such notice had in the lot, ground or land upon which such structure was placed, at the time of the filing of a notice of pendency in such proceedings, or at the time of the entry of judgment therein, t o satisfy such judgment in foreclosure of mortgages. Nothing in this article shall preclude the city from recovering such costs and expenses in any other lawful manner, including pursuant to sections 28-112.9, 28-216.10 and 28-216.11.
(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.
§ 28-216.10 Judgment lien.
Any judgment rendered in an action or proceeding instituted under this article shall be and become a lien upon the premises named in such action or proceeding, such lien to date from the time of filing a notice of pendency in the office of the clerk of the county wherein the property affected by such action or proceeding, is located. Every such lien shall have priority before any mortgage or other lien as may exist prior to such filing except tax and assessment liens.
§ 28-216.11 Tax lien.
Any costs and expenses incurred by any agency of the city pursuant to this article, including but not limited to the preliminary expenses of searches, service of the notice of survey and summons on interested parties, surveys thereof, and costs of executing the precept, shall be a debt recoverable from the owner of the premises and a lien upon the land and buildings upon or in respect to which such costs and expenses were incurred. 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 eight of subchapter 5 of the New York city housing maintenance code with respect to the enforcement of such debt and 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.
Article 217: Buildings and Structures That Are Potentially Compromised
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