Section 28-212-4.1
§28-212-4.1 Mailing to owner's registered address. To the person
registered with the department of housing preservation and development
as the owner or agent of the premises, at the address filed with such
department in compliance with article two of subchapter four of chapter
two of title twenty-seven of the administrative code;
Section 28-212-4.3
§28-212-4.3 Mailing to recorded address. To the person in whose name
the real estate affected by the order of the commissioner is recorded in
the office of the city register or the county clerk as the case may be
at the address set forth on the recorded instrument.
Section 28-212.1
§28-212.1 Abatement of public nuisances caused by illegal commercial
or manufacturing occupancy in residence districts and certain other
zoning districts. Any building or part thereof or vacant land that is
located in a residence zoning district and this is occupied for a use
not permitted in such district in violation of the zoning resolution,
without a certificate of occupancy authorizing such use, is hereby
declared to be a public nuisance. Any building or part thereof or vacant
land that is located in a C-1 or C-2 commercial zoning district and that
is occupied for a commercial or manufacturing use indicated under use
group 16, 17, or 18 as described in sections 32-25, 42-14, and 42-15 of
the zoning resolution, in violation of the zoning resolution, without a
certificate of occupancy authorizing such use is hereby declared to be a
public nuisance.
Section 28-212.10
§28-212.10 Rescission of order of closure. If at any time after the
issuance of such order, the owner, mortgagee, or other person having an
interest in the property provides assurance, in a form satisfactory to
the commissioner, that the illegal commercial or manufacturing use of
the premises has been discontinued and will not reoccur, or such owner,
mortgagee, or other person establishes that the premises may be lawfully
occupied for such use, the commissioner shall rescind the closure order.
If such order is rescinded, the commissioner shall, upon request of such
owner, mortgagee, or other person, provide a copy of such rescission,
which may be filed with the county clerk or register of the county in
which such premises are located. No such re-occupancy shall be permitted
without a certificate of occupancy authorizing such use.
Section 28-212.11
§28-212.11 Violation of closure order. It shall be unlawful for any
person to use or occupy or to permit any other person to use or occupy
any building or part thereof or vacant land that has been sealed,
padlocked, or otherwise closed pursuant to an order of the commissioner.
It shall be unlawful to mutilate or remove a posted order of the
commissioner. Intentional disobedience or violation of any provision of
a closure order shall be punishable as an immediately hazardous
violation.
Section 28-212.2
§28-212.2 Order of closure. If a building or part thereof or vacant
land in which such a nuisance occurs is not occupied primarily as a
residence, the commissioner may, in addition to or as an alternative to
any other remedy under any other provision of law, after notice and the
opportunity for a hearing in accordance with this article, order the
closing of such building or part thereof or such vacant land to the
extent necessary to abate the nuisance.
Section 28-212.3
§28-212.3 Notice of hearing. A notice of hearing with respect to an
order of closure shall be served on the owner and mortgagee of record of
such building or part thereof or such vacant land and on any person
alleged to be occupying such building or part thereof or such vacant
land at which the nuisance is located.
Section 28-212.4
§28-212.4 Service of notice of hearing. Service may be made on the
owner by delivering such notice to the owner or to an agent of the owner
or to a person of suitable age and discretion at the residence or place
of business of the owner or, if upon reasonable application such
delivery cannot be completed, by affixing such notice in a conspicuous
place at the owner's place of business or residence or by placing it
under the entrance door at either of such locations or by delivering
such notice to a person employed by the owner to work at or to manage or
maintain the premises at which the nuisance is located and, in all
instances except personal delivery upon such owner by mailing the notice
of hearing as follows:
Section 28-212.4.2
§28-212.4.2 Mailing to billing address. To the person designated as
owner of the building or designated to receive real property tax or
water bills for the building at the address for such person contained in
one of the files compiled by the department of finance for the purpose
of the assessment or collection of real property taxes and water charges
or in the file compiled by the department of finance from real property
transfer forms filed with the city register upon the sale or transfer of
real property; or
Section 28-212.4.4
§28-212.4.4 Service on corporate owner. Service may be made on an
owner that is a corporation pursuant to section 306 of the business
corporation law; however, service upon a corporation shall be deemed to
have been completed 45 days following service upon the secretary of
state.
Section 28-212.4.5
§28-212.4.5 Service on mortgagees. Service may be made upon mortgagees
of record by mailing such notice to the mortgagees at the address set
forth on the recorded instrument.
Section 28-212.4.6
§28-212.4.6 Service on occupants. Service may be made upon an occupant
by delivering such notice to the occupant or to a person employed by the
occupant to work at or to manage or maintain the premises at which the
nuisance is located; or by affixing such notice to the premises at which
the nuisance is located in a conspicuous place or by placing a copy
under the entrance door of such premises and mailing a copy of such
notice to the occupant at such premises; and in all instances except
personal delivery upon such occupant, by mailing the notice of hearing
to the occupant at the premises at which the nuisance is located.
Section 28-212.4.7
§28-212.4.7 Proof of service. Proof of service pursuant to section
28-212.4.1 through 28-212.4.6 shall be filed with the commissioner.
Section 28-212.5
§28-212.5 Conduct of hearing by office of administrative trials and
hearings. The hearing shall be conducted by the office of administrative
trials and hearings. The administrative law judge assigned to hear the
matter shall submit his or her proposed findings of fact and recommended
decision to the commissioner. If based on such recommended decision,
proposed findings of fact, and the record of the hearing the
commissioner determines that the building or part thereof or vacant land
is a public nuisance, pursuant to this article, the commissioner may
issue an order of closure. Such order shall not bar legally required
ingress or egress for residential occupancy of parts of the building
that are not subject to the order of closure.
Section 28-212.6
§28-212.6 Lack of knowledge not a defense. At such hearing it shall
not be a defense that the owner, occupant, lessor, lessee, mortgagee, or
other person having an interest in the property lacked knowledge of or
did not acquiesce or participate in the creation or continuation of the
public nuisance.
Section 28-212.7
§28-212.7 Closure not an act of possession. A closure ordered by the
commissioner pursuant to this article shall not constitute an act of
possession, ownership, or control by the city over the closed premises.
Section 28-212.8
§28-212.8 Posting of order of closure. An order of closure shall be
posted at the building or part thereof or vacant land that is the
subject of such order, and shall be mailed to the record owner of such
premises, and any record mortgagee at the address for such person set
forth in the recorded instrument, and to the person designated as owner
or agent of the building or designated to receive real property tax or
water bills for the building at the address for such person contained in
one of the files compiled by the department of finance for the purpose
of the assessment or collection of real property taxes and water charges
or in the file compiled by the department of finance from real property
transfer forms filed with the city register upon the sale or transfer of
real property. A copy shall also be filed with county clerk or register
of the county in which such premises are located. Such filing shall be
notice of the order to any subsequent owner and such owner shall be
subject to such order.
Section 28-212.9
§28-212.9 Enforcement of order of closure. On the tenth business day
after the posting of such order and upon the written directive of the
commissioner, police officers and authorized employees of the department
shall act upon and enforce such order by sealing, padlocking, or
otherwise preventing access to the premises in a manner that will not
bar legally required ingress or egress for residential occupancy of
parts of the building that are not subject to the closure order.
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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