§ 27-2126 Registration of lead paint violations; enforcement. [Repealed]

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1999/038.

§ 27-2127 Corrective action pursuant to court order.

   a.   The department may elect to proceed to take action to correct violations under this article pursuant to a prior court order. If the department so elects, it may serve, with any order served pursuant to subdivision a or b of section 27-2125 of this article, a notice that upon failure to comply with the order within the stated time the department may apply for a court order directing it to execute the repair order.

   b.   Upon failure to comply with the repair order within the time fixed therein, the department may apply to a court of competent jurisdiction for an order directing the owner and any mortgagees or lienors of record to show cause why the department should not be directed to execute the order, and obtain a lien for the costs of such execution which shall have priority over all other liens and encumbrances. The application shall identify the dwelling, describe the violations covered by the repair order, the work required to remedy such violations and an estimate of the cost thereof, and contain proof of service of the repair order as required by this section.

   c.   The order to show cause shall be served in the manner prescribed for service of an order to show cause in a receivership proceeding by subdivision c of section 27-2132 of article six of this subchapter.

   d.   On the return date of the order to show cause, determination thereof shall have precedence over every other business of the court unless the court shall find that some other pending proceeding, having similar statutory preference, has priority. If the court finds that the facts stated in the application warrant the granting thereof, it shall issue an order directing the department to proceed to execute its repair order, or such part thereof as remains unexecuted.

   e.   If the owner or any mortgagee or lienor of record or other person having an interest in the property, shall apply to the court to be permitted to remove or remedy the violations specified in the repair order and shall: (1) demonstrate the ability promptly to undertake the work required; and (2) post security for the performance thereof within the time, and in the amount and manner, deemed necessary by the court, then the court in lieu of issuing an order as provided in subdivision d of this section, may issue an order permitting such person to perform the work within a time fixed by the court.

   f.   If, after issuance of an order pursuant to subdivision e of this section, but before the time fixed in such order for the completion of the work prescribed therein, it shall appear to the department that the person permitted to do the same is not proceeding with due diligence, the department may apply to the court on notice to those persons who have appeared in the hearing under subdivision d of this section for a hearing to determine whether an order should be rendered immediately as provided in subdivision g of this section.

   g.   If, upon a hearing authorized in subdivision f of this section, the court shall determine that such person is not proceeding with due diligence, or upon the failure of such person to complete the work in accordance with the provisions of said order, the court shall order the department to execute or complete the execution of said order. Such order shall direct the department to apply the security to the expenses incurred in the execution of the repair order. In the event that such security should exceed the amount required to remove or remedy such violations, such order shall direct the department to file with the court, upon completion of the work prescribed therein, a full accounting of the amount of such security and the expenditures made pursuant to such order, and to turn over such surplus to the person who posted such security, together with a copy of such accounting.

§ 27-2128 Recovery of expenses.

All expenses incurred by the department pursuant to section 27-2125 or section 27-2127 of this article shall constitute a debt recoverable from the owner and a lien upon the building and lot, and upon the rents and other income thereof. The provisions of article eight of this subchapter shall govern the effect and enforcement of such debt and lien.

§ 27-2129 Statement of account.

Whenever the department has incurred expenses for the repair of a dwelling or for the elimination of any dangerous or unlawful conditions therein, pursuant to this article or any other provision of the administrative code or any other applicable provision of law, the department, its authorized representative, or the department of finance may send to the owner or his or her designee in the manner provided in section 11-129 of the administrative code a statement of account with the expense incurred and a demand for payment thereof. If the owner does not notify the department in writing of his or her objection to the first statement of account containing such charge before the date that such charge becomes due and payable as provided in subdivision b of section 27-2144 of article eight of this subchapter, such owner may not in any subsequent judicial or administrative proceeding contest the expense contained in such statement. The department will only review such objections that are received by it in writing on or prior to the due and payable date for the charge provided on the second statement of account containing such charge.

§ 27-2129.1 Report on certain elevators referred to the department.

In December 2016 and in each December thereafter, the department shall submit to the mayor and the speaker of the council, and make publicly available online, a report on the multiple dwellings that were referred to the department during such fiscal year pursuant to section 28-219.4 of the administrative code, containing, at a minimum:

   (i)   the number of multiple dwellings for which the department of buildings issued immediately hazardous elevator-related violations;

   (ii)   the number of multiple dwellings for which the department of buildings issued immediately hazardous elevator-related violations that were corrected before referral to the department was required pursuant to section 28-219.4 of this code;

   (iii)   the number of multiple dwellings with immediately hazardous elevator-related violations issued by the department of buildings that were referred to the department pursuant to section 28-219.4;

   (iv)   the number of such referrals that included information indicating that a dwelling unit serviced by such elevator was not served by another operable elevator;

   (v)   the number of multiple dwellings with immediately hazardous elevator-related violations that were corrected by the owner of the multiple dwelling subsequent to such referral and the average number of days between such referral and such correction;

   (vi)   the number of multiple dwellings with immediately hazardous elevator-related violations that the department determined were dangerous to human life and safety or detrimental to health;

   (vii)   the number of multiple dwellings with immediately hazardous elevator-related violations that the department ordered corrected; and

   (viii)   the number of multiple dwellings with immediately hazardous elevator-related violations that were corrected by the department and the cost of such corrections.

(L.L. 2015/101, 11/4/2015, eff. 7/1/2016)

Article 6: Receivership

§ 27-2130 Grounds for appointment of receiver.

Whenever the department certifies that any condition in violation of this chapter or other applicable law in any multiple dwelling or any part of its premises constitutes a serious fire hazard or is a serious threat to life, health or safety, it may, upon failure of the owner to comply with an order to correct such conditions issued pursuant to section 27-2125 of article five of this subchapter, apply for the appointment of a receiver to repair and correct the violations.

§ 27-2131 Notice to owner, mortgagees and lienors.

   a.   If the department intends to seek the appointment of a receiver to remove or remedy a condition described in the preceding section, it shall serve upon the owner, along with the order pursuant to section 27-2125 of article five of this subchapter, a notice stating that in the event the violations covered by the order are not removed or remedied in the manner and within the time specified therein, the department may apply for the appointment of a receiver of the rents, issues and profits of the property with rights superior to those of the owner and any mortgagee or lienor.

   b.   Within five days after service of the order and notice upon the owner, the department shall serve a copy of the order and notice upon every mortgagee and lienor of record, personally or by registered or certified mail, at the address set forth in the recorded mortgage or lien. If no address appears therein, a copy shall be sent by registered mail to the person at whose request the instrument was recorded.

   c.   The department shall file a copy of the notice and order in the office of the county clerk in which mechanics liens affecting the property would be filed.