Section 28-205.1
§28-205.1 Civil judicial enforcement. The owner, lessee, person in
charge, or occupant of any building, structure, premises, equipment or
part thereof, where a violation of this code, the 1968 building code,
the zoning resolution or of other laws or rules enforced by the
department or any order issued by the commissioner shall exist or the
agency, architect, builder, contractor, engineer, or any other person
who commits or assists in any such violation or who maintains any
building, structure, premises, equipment or part thereof where any such
violation shall exist shall be subject to an action or proceeding to
restrain, correct or abate such violation, or to compel compliance with
such order. Upon request of the commissioner, the corporation counsel
may institute judicial actions or proceedings seeking such relief. In
addition to any other remedies, in any such action or proceeding the
defendant or respondent shall be subject to the payment of civil
penalties as provided in this code.
Section 28-205.1.1
§28-205.1.1 Corporation counsel. Such actions and proceedings may be
instituted by the corporation counsel in the name of the city in any
court of competent jurisdiction in the city and shall be given
preference over pending causes therein. In such actions or proceedings,
the city may apply for restraining orders, preliminary injunctions or
other provisional remedies, with or without notice; and no undertakings
shall be required as a condition to the granting or issuing of any such
order, injunction or remedy, or by reason thereof. No court shall lose
jurisdiction of any action or proceeding hereunder by reason of a plea
that the title to real estate is involved if the object of the action is
to recover a penalty for the violation of any of the provisions of this
code.
Section 28-205.1.1.1
§28-205.1.1.1 Naming the building as a defendant. The corporation
counsel shall name as defendants the building, structure, or premises
where the violation shall exist by describing it by block, lot number,
and street address and at least one of the owners of some part of or
interest in the building, structure, or premises.
Section 28-205.1.1.2
§28-205.1.1.2 In rem jurisdiction over the building. In rem
jurisdiction over the building, structure, or premises where the
violation shall exist shall be complete by affixing the summons to the
door of the building, structure, or premises and by mailing the summons
by certified or registered mail, return receipt requested, to one of the
owners of some part of or interest in the building, structure, or
premises. Proof of service shall be filed within two days thereafter
with the clerk of the court designated in the summons. Service shall be
complete upon such filing.
Section 28-205.1.1.3
§28-205.1.1.3 Service on other defendants. Defendants, other than the
building, structure, or premises where the violation shall exist, shall
be served with the summons as provided in the civil practice law and
rules.
Section 28-205.1.2
§28-205.1.2 Presumptive evidence. In any action or proceeding founded
upon a claim by the commissioner that any law or rule enforceable by the
department has been violated, or that a lawful order issued by such
commissioner has not been complied with, the following presumptions
shall apply:
Section 28-205.1.2.1
§28-205.1.2.1 Presumption of commissioner certificate. A certificate
in writing by the commissioner, or his or her authorized representative,
shall be presumptive evidence of any matter stated therein.
Section 28-205.1.2.2
§28-205.1.2.2 Presumption of ownership. The person in whose name the
real estate affected by the action is recorded in the office of the city
register or the county clerk, as applicable, shall be presumed to be the
owner thereof.
Section 28-205.1.2.3
§28-205.1.2.3 Presumption of employment or agency. Whenever there is
evidence that a person was the manager, operator, or supervisor or, in
any other way, in charge of the premises, at the time the violation
occurred, such evidence shall be presumptive that he or she was an agent
or employee of the owner or lessee of the building, structure, or
premises.
Section 28-205.1.3
§28-205.1.3 Costs. In no case shall the department, or any officer or
employee thereof, be liable for costs in any such action or proceeding;
and officers and employees of the department, acting in good faith and
without malice, shall be free from liability for acts done in any such
action or proceeding.
Section 28-205.1.4
§28-205.1.4 Lien. Any judgment rendered in any such action or
proceeding shall be and become a lien upon the premises named in the
complaint in such action or proceeding, if any, the lien to date from
the time of filing a notice of pendency in the office of the clerk of
the county in which the premises is located, and to have priority before
any mortgage or other lien existing prior to such filing, except tax and
assessment liens.
Section 28-205.1.5
§28-205.1.5 Notice of pendency. The notice of pendency referred to in
this section 28-205.1.5 may be filed at the commencement of judicial
proceedings; provided the commissioner may deem such action to be
necessary. Any notice of pendency filed pursuant to the provisions of
this code may be vacated and cancelled of record upon an order of a
justice of the court in which such action or proceeding was instituted
or is pending, or upon the consent in writing of the corporation
counsel. The clerk of the county where the notice is filed is hereby
directed and required to make any such notice of pendency, and any
record or docket thereof, as vacated and cancelled of record upon the
presentation and filing of a certified copy of such order or consent.
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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