§ 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.

§ 17-153 Statement of expenses of executing orders.

   a.   When the department shall have executed, or so far executed as the department may require, any order, a certificate setting forth the expenses of such execution, itemized generally, and the date thereof shall be filed among the records of the department with the order so executed; and the department shall take care by, or through some proper officer, or otherwise, that the expenses of such execution be so stated with fairness and accuracy.

   b.   When it shall appear that such execution or the expenses thereof, related to several lots or buildings belonging to different persons, such certificate shall state what belongs to, or arose in respect to each lot of such several lots or buildings, as the department or its authorized officer may direct; and the department may revise the correctness of such apportionment of expenses as truth and justice may require.

   c.   Whenever the expenses attending the execution of any order of the department may be made the subject of a suit by it, there may be joined in the same suit a claim or claims for any penalty or penalties for violation of any health provisions, or for the violation or omission to perform or obey such order, or any prior order of the department, or for the not doing of that, or any portion of that, for the doing of which such expenses arose or were incurred; and the proper joint or several judgment may be had against one or more of the defendants in the suit, as they or either of them may be liable in respect of both such claims, or either or any of them.

§ 17-154 Service of order or judgment.

The department may serve a copy of the order under or by reason of which such expenses were authorized or incurred with a copy of the affidavit stating the expenses of the execution of such order, or if the claim be a judgment, may serve a transcript of such judgment, and an affidavit showing the expense of its execution if there be any, upon any person or corporation, owing, or who is about to owe any such compensation, or owing or about to owe any rent or compensation for the use or occupation of any grounds, premises or buildings or any part thereof, to which such order or judgment relates, and in respect of which such expenses embraced in such judgment related or were incurred, and may, at the time of such service, demand in writing that such rent, or any such compensation to the extent of such claim for such expenses, or for any such judgment or expenses in executing the same, when such rent or compensation becomes due and payable, be paid to the department.

§ 17-155 Payments to department.

After the service of such papers and such demand, any tenant, lessee, occupant, or other person owing, or about to owe, any such rent or any such compensation when it shall mature, or become payable, shall pay the same, and from time to time pay any other amount thereof, as the same may become due and payable, or so much thereof as is sufficient to satisfy any such judgment or claim for expenses, or both, so served, to the department, and a receipt shall be given therefor, stating on account of what order or judgment and expenses the same has been paid and received; and the amount so received shall be deposited where other funds of the department are kept, to the special account of the department.

§ 17-156 Refusal to pay department.

Any person or corporation refusing or omitting to make such payment to the department after service of such paper and demand, shall be personally liable to the department for the amount that should have been paid to it, and may by the department be sued therefor; and such persons shall not in such suit dispute or call in question the authority of the department to incur, or order such expense or the validity or correctness of such expenses of judgment in any particular, or the right of the department to have the same paid from such rent or compensation.