Section 27-2125
§ 27-2125 Power to cause or order corrections of violations. a.
Whenever the department determines that because of any violation of this
chapter or other applicable law, any dwelling or part of its premises is
dangerous to human life and safety or detrimental to health, it may
(1) correct such conditions, or
(2) order the owner of the dwelling or other responsible party to
correct such conditions.
b. Where the department determines that any violation of this chapter
or other applicable law exists in any dwelling or part of its premises,
it may order the owner of the dwelling or other responsible party to
correct such conditions.
c. An order issued pursuant to the preceding subdivisions shall state
the violations involved and the corrective action to be taken, and shall
fix a time for compliance, which shall be not less than twenty-one days
from the date of service of the order, except that where a condition
dangerous to human life and safety or detrimental to health exists or is
threatened, a shorter period for compliance may be fixed.
d. Any order not complied with within the stated time for compliance
may be executed by the department. Where a multiple dwelling has been
declared a public nuisance pursuant to section 27-2114 of article one of
this subchapter, and an order to correct the conditions constituting the
nuisance has not been complied with, the department shall execute the
order pursuant to this subdivision or institute proceedings pursuant to
article six of this subchapter.
Section 27-2127
§ 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.
Section 27-2128
§ 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.
Section 27-2129
§ 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.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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