a. The commissioner may serve an order upon the owner of any premises requiring such owner to remove or alter any unauthorized projection or encroachment, on or in front of his premises, within a period to be specified in such order. Such order shall be served personally, or by leaving it at the house or place of business of the owner, occupant or person having charge of the house or lot in front of which the projection or encroachment may be, or by posting such order thereon.
b. At any time after the expiration of the time specified for that purpose in the order, if such encroachment or projection shall not then have been removed or altered, the commissioner may remove or alter or cause such encroachment or projection to be removed or altered at the expense of the owner or constructor thereof, who shall be liable to the city for all expenses that it may incur by such removal or alteration, together with the penalties prescribed by this subchapter for the violation of such order, to be recovered with costs of suit.
c. 1. In addition to any other remedies or penalties, whenever such removal, alteration, repair and restoration is undertaken by the commissioner he or she may certify separately the costs and expense of such removal, alteration, repair and restoration to the commissioner of finance. The commissioner of finance shall, upon the certificate of the commissioner, charge the amount of such costs and expenses against the property upon and with respect to which the work was performed. Every such charge shall be a lien upon the property or premises in respect to which the same shall have been made, which lien shall have priority over all other liens and incumbrances except taxes and assessments for other public or local improvements, sewer rents, water rents and interest or penalty thereon levied or charged pursuant to law. Such lien shall be enforced in all respects in the manner provided by law for the enforcement of liens of taxes, assessments, sewer rents and water rents and interest or penalties thereon.
2. As an alternative to the remedy prescribed in paragraph one of this subdivision, the commissioner may in his or her discretion institute, through the corporation counsel, any appropriate action or proceeding at law against such owner for the recovery of the costs and expenses of such removal, alteration, repair and restoration, undertaken by the commissioner, as provided herein.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.