§ 27-2142 Reoccupancy after vacate order.

   a.   No person shall occupy, or cause or permit to be occupied, any dwelling or part thereof while such dwelling or part is subject to a vacate order. Notwithstanding any other provision of law, an owner or managing agent or other representative of such owner who violates this subdivision by permitting or allowing re-occupancy of a premises that is subject to a vacate order shall be subject to a civil penalty of not less than five thousand dollars for each reoccupied dwelling unit in such premises.

   b.   If the department finds that the conditions rendering a building or part unfit for human habitation have been corrected, it may revoke a vacate order. If the department finds that the unlawful conditions are being corrected and that continued occupancy may be permitted consistent with health and safety, it may extend the time period for compliance fixed in the order.

   c.   The department may by regulations set forth standards and provide for hearings to determine when such vacate order should be revoked or extended.

   d.   The department may require as a condition for revocation of a vacate order, that the owner make reasonable effort to notify any tenants who may have vacated the dwelling pursuant to such order that said tenant has a right to re-occupy the dwelling.

(Am. L.L. 2017/014, 2/15/2017, eff. 8/14/2017)

Article 8: Recovery of Expenses

§ 27-2143 Action against the owner for recovery of expenses.

The department may bring an action against the owner of a dwelling for the recovery of any costs, expenses and disbursements incurred by it under any provision of the administrative code making such expenses a debt recoverable from the owner. The institution of any such action shall not suspend or bar the right to pursue any other remedy provided by law for the recovery of such expenses, and such action may, subject to jurisdictional limitations, be joined with the enforcement of any such other remedy or any other claim against the owner relating to the same premises.

§ 27-2144 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. Such records shall be kept on a building-by-building basis and shall be accessible to the public during business hours. Such record may be made and maintained electronically. Within thirty days after the issuance of a purchase or work order to cause a repair to be made by or on behalf of the department, entry of such order shall be made on the records of the department. Such record may be made and maintained electronically. Such record shall be deemed to be entered on the date that such record is entered electronically on the records of the department. Such entry shall constitute notice to all parties.

   b.   All expenses incurred by the department for the repair or the elimination of any dangerous or unlawful conditions therein, pursuant to this chapter or any other applicable provision of law, shall constitute a lien upon the premises when such charge is due and payable, which, notwithstanding any other provision of law, shall be the due and payable date for such charge provided on the second statement of account containing such charge. Such lien shall have a priority over all other liens and encumbrances on the premises except for the lien of taxes and assessments. However, no lien created pursuant to this chapter 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 the date such entry was made.

   c.   A notice thereof, stating the amount due and the nature of the charge, shall be sent by the department of finance in accordance with section 11-129 of the administrative code, and such charge shall be due and payable, notwithstanding any other provision of law, on the due and payable date provided on the second statement of account containing such charge.

   d.   If such charge is not paid by the date when such charge is due and payable in accordance with subdivision c of this section, it shall be the duty of the department of finance to receive interest thereon, to be calculated to the date of payment from the due and payable date. The rate of interest applied to such unpaid charge shall be the higher of seven percent per annum, or the rate applicable to such premises for nonpayment of taxes on real property pursuant to subdivision (e) of section 11-224.1.

   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 administrative code and may be sold, enforced or foreclosed in the manner provided in chapters three and four of title eleven of the administrative 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.   Any statement sent by the department of finance pursuant to this section shall have included thereon a reference to article eight of this subchapter.

(Am. L.L. 2015/105, 11/30/2015, eff. 7/1/2016)

§ 27-2145 Establishment of lien.

The department shall include among its records a statement that such expenses were necessary and proper in the exercise of its lawful powers. Such statement may be made and maintained electronically.