§ 17-149 On what expenses to be a lien.

The expenses attending the execution of any and all orders duly made by the department shall respectively be a several and joint personal charge against each of the owners or part owners and each of the lessees and occupants of the building, business, place, property, matter or thing to which such order relates, and in respect to which such expenses were incurred; and also against every person or body who was by law or contract bound to do that in regard to such business, place, street, property, matter or thing which such order requires. Such expenses shall also be a lien on all rent and compensation due, or to grow due, for the use of any place, room, building, premises, matter or thing to which such order relates, and in respect of which such expenses were incurred, and also a lien on all compensation due, or to grow due, for the cleaning of any street, place, ground, or thing, or for the cleaning, or removal, of any matter, thing, or place, the failure to do which by the party bound so to do, or doing of the same in whole or in part by order of such department, was the cause or occasion of any such order or expense.

§ 17-150 Suits for expenses.

The department, in case it has incurred any expense, or has rendered service for which payment is due, and as the rules of the department may provide, may institute and maintain a suit against any one liable for such expenses, or against any person, firm, or corporation, owing or who may owe such rent or compensation, and may recover the expenses so incurred under any such order. One or more of such parties liable or interested may be made parties to such action as the department may elect; but the parties made responsible herein for such expenses shall be liable to contribute or to make payment as between themselves, in respect of such expenses, and of any sum recovered for such expenses or compensation, or by any party paid on account thereof, according to the legal or equitable obligation existing between them.

§ 17-151 Lien on premises.

   a.   There shall be filed in the office of the department a record of all work caused to be performed by or on behalf of the department in executing any order of the board or department. Such records shall be kept on a building by building basis and shall be accessible to the public during business hours. Within thirty days after the issuance of a purchase or work order to cause such work to be done, entry of such order shall be made on the records of the department. Such entry shall constitute notice to all parties.

   b.   All expenses incurred by or on behalf of the department for such work, pursuant to this title or any other applicable provision of law, shall constitute a lien upon the land and buildings upon or in respect to which, or either of which, the work required by such order has been done, or expenses incurred, when the amount thereof shall have been definitely computed as a statement of account by the department and the department shall cause to be filed in the office of the city collector an entry of the account stated in the book in which such charges against the premises are to be entered. 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 title shall be enforced against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of subdivision a of this section are satisfied; this limitation shall only apply to transactions occurring after the date such record should have been entered pursuant to subdivision a and before the date such entry was made.

   c.   A notice thereof, stating the amount due and the nature of the charge, shall be mailed by the city collector, within five days after such entry, to the last known address of the person whose name appears on the records in the office of the city collector as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent.

   d.   If such charge is not paid within thirty days from the date of entry, it shall be the duty of the city collector to receive interest thereon at the rate of interest applicable to such property for a delinquent tax on real property, to be calculated to the date of payment from the date of entry.

   e.   Such charge and the interest thereon shall continue to be, until paid, a lien on the premises. Such lien shall be a tax lien within the meaning of sections 11-319 and 11-401 of the code and may be sold, enforced or foreclosed in the manner provided in chapters three and four of title eleven of the code or may be satisfied in accordance with the provisions of section thirteen hundred fifty-four of the real property actions and proceedings law.

   f.   Such notice mailed by the city collector pursuant to this section shall have stamped or printed thereon a reference to this section of the code.

§ 17-152 Validity of lien; grounds for challenge.

   a.   In any proceedings to enforce or discharge the lien, the validity of the lien shall not be subject to challenge based on:

      (1)   The lawfulness of the work done; or

      (2)   The propriety and accuracy of the items of expenses for which a lien is claimed, except as provided in this section.

   b.   No such challenge may be made except by (1) the owner of the property, or (2) a mortgagee or lienor whose mortgage or lien would, but for the provision of section 17-151, have priority over the department's lien.

   c.   With respect to any issue specified in subdivision a of this section the certificate of the department filed pursuant to section 17-153 shall be presumptive evidence of the facts stated therein.