Section 28-214.1
§28-214.1 Order to seal, secure and close. If the commissioner
determines such action is necessary to the preservation of life and
safety the commissioner may order a building subject to a vacate order
to be sealed, secured and closed, except that the commissioner shall not
order sealed, secured and closed any dwelling unit or other space
lawfully used for residential purposes unless such dwelling unit or
other space is sealed pursuant to the provisions of article 216.
Section 28-214.1.1
§28-214.1.1 Definition. For the purpose of this article, "sealed" and
"sealed, secured and closed" shall mean the use of any means available
to render the building, structure or part thereof inaccessible,
including, but not limited to the use of a padlock or cinder blocks.
Section 28-214.1.2
§28-214.1.2 Hearing. Such order to seal, secure and close shall
contain notice of the opportunity for a hearing with respect to such
order to determine if the order was properly issued in accordance with
the provisions of this article. Such hearing shall be conducted by the
commissioner, or in the commissioner's discretion, by the office of
administrative trials and hearings or the environmental control board.
If the matter is referred to such office or board, the hearing officer
shall submit his or her findings of fact and a recommended decision to
the commissioner. The hearing shall be held within three business days
after the receipt of the written request of an owner, lessor, lessee, or
mortgagee for such hearing. The commissioner shall render a decision
within three business days after such hearing is concluded or findings
of fact and a recommendation are submitted.
Section 28-214.1.3
§28-214.1.3 Service of seal, secure and close order. Such order issued
pursuant to this article shall be served as follows: It shall be mailed
to the record owner of such premises; any record mortgagee of such
premises at the address for such person as set forth in the recorded
instrument; and if reasonably ascertainable, the person designated as
owner's 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 the county
clerk of the county in which such premises is located. Such filing shall
be notice of the order to any subsequent owner and such owner shall be
subject to such order.
Section 28-214.1.4
§28-214.1.4 Rescission of seal, secure and close order. An order
issued pursuant to this article shall not be rescinded unless the owner,
lessor, lessee or mortgagee seeking such rescission provides assurance,
in a form satisfactory to the commissioner, that the conditions that
caused the issuance of such order have been corrected and will not
reoccur. If such order is rescinded, upon the request of the owner,
lessor, lessee or mortgagee, the commissioner shall provide a certified
copy of such rescission, which may be filed with the county clerk of the
county in which such premises is located.
Section 28-214.1.5
§28-214.1.5 Expenses of enforcing seal, secure and close orders. The
expenses attending the execution of any and all orders duly made by the
department shall respectively be a several and joint personal charge
against each of the owners or part owners, and each of the lessees and
occupants of the building, structure, enclosure, place or premises to
which such order relates, and in respect to which such expenses were
incurred; and also against every person or body who was by law or
contract bound to do that in regard to such building, structure,
enclosure, place or premises which such order requires. Such expenses
shall also be a lien on all rent and compensation due, or to become due,
for the use of any building, structure, place or premises, or any part
thereof, to which such order relates, and in respect to which such
expenses were incurred.
Section 28-214.1.6
§28-214.1.6 Notice of seal, secure and close order to community. The
commissioner shall give written notice of the closing of any building,
structure, enclosure, place or premises pursuant to this article, and
any subsequent actions taken with respect thereto, as soon as
practicable, to the borough president of the borough within which the
closing has occurred; the council member representing the district
within which the closing has occurred; and the local community board. On
January first of each year, the commissioner shall submit a report to
the council, setting forth the number of closings made in the previous
year, the locations of such closings, and the nature of the use of the
premises closed. The commissioner shall, in addition, as soon as
practicable after a building, structure, enclosure, place or premises
has been closed, make and publish a report of said closing in a manner
calculated to quickly notify the local community in which such closing
occurred. The commissioner shall also make and publish a report of any
premises reopened pursuant to his or her permission under this article.
Failure to comply with section 28-214.1.6 shall not invalidate any
action taken by the commissioner pursuant to this article.
Section 28-214.2
§28-214.2 Access to sealed premises. The commissioner shall allow
access to the premises sealed, secured and closed pursuant to this
article to an owner, or a lessor, lessee or mortgagee upon the following
conditions:
1. The submission of a written affirmation, satisfactory to the
commissioner, that such person or persons will commence or cause to be
commenced without delay all work necessary to correct the conditions
stated in the vacate order or otherwise to make the premises meet all
applicable laws and rules and will complete such work within a period of
time and in a manner to be approved by the commissioner;
2. The submission of a written affirmation or other proof satisfactory
to the commissioner describing the steps that have been taken and will
be taken in the future to ensure that the premises will be used or
operated in a lawful manner and specifying such lawful use;
3. If a license, permit, certificate of operation or certificate of
occupancy is necessary for such lawful use, the submission of a written
affirmation or other proof, satisfactory to the commissioner, describing
the steps that have been taken and will be taken in the future to ensure
that such premises will be used or operated in compliance with any law
requiring such license, permit, certificate of operation or certificate
of occupancy; and
4. If the premises are leased and the person making the affirmations
described above in items 1, 2 and 3 is not such lessee, the commissioner
may also require any authorized person seeking access to submit a
written affirmation or other proof that proceedings to enable such
person to take actions necessary to ensure compliance with the
affirmations submitted by such authorized person pursuant to items 1, 2
and 3 have been commenced.
Section 28-214.3
§28-214.3 Additional penalties for harm or injury from violation of
order to seal, secure and close. Notwithstanding any other law, rule, or
regulation, any person, corporation, partnership, association or any
other legal entity who permits a building, structure, enclosure, place
or premises, or any part thereof, to be unlawfully occupied or used in
contravention of an order of the commissioner pursuant to this article,
or who negligently fails to prevent or prohibit such unlawful occupancy
or use, shall be liable for a civil penalty of not more than one million
dollars, if any other person suffers serious physical injury, as defined
in section ten of the penal law, or death in the building, structure,
place or premises or any party thereof subject to such order as a result
of such unlawful occupancy or use. If more than one person suffers
serious physical injury or death, such penalty shall be recoverable for
each person suffering serious physical injury or death. Such penalty
shall be recovered in a civil action brought by the corporation counsel
in the name of the city in any court of competent jurisdiction. In
determining the amount of the civil penalty to be imposed the court
shall consider:
1. The extent and severity of injury to persons and property caused by
the violation;
2. The history of violations by the defendant at such premises, or any
other premises, of laws or rules enforced by the department;
3. The degree of willfulness, recklessness, or negligence displayed by
the defendant in committing the subject violation;
4. The defendant's financial resources; and
5. The defendant's good faith efforts to cure the subject violation,
including efforts to obtain entry to or possession of the premises in
order to do so.
Section 28-214.3.1
§28-214.3.1 Payment by city. In the event that the family of any
person seriously injured or who has died as the result of any unlawful
occupancy or use described in this section 28-214.3 is unable to collect
a judgment recovered in a civil action for personal injury or wrongful
death against a defendant who has violated this section 28-214.3 because
of the insolvency of such defendant, the city may, in its discretion,
pay to such injured person or the family of such deceased person an
amount, as hereinafter provided, collected from such defendant in an
action relating to the same injury or death commenced by the corporation
counsel against such defendant pursuant to this section 28-214.3.1
Section 28-214.3.2
§ 28-214.3.2 Limitations. Payments pursuant to section 28-214.3.1
shall be made as a matter of grace and shall be in such amounts and in
accordance with such standards and procedures as shall be established by
the mayor, provided, however, that any payment made pursuant to section
28-214.3.1 shall be in an amount not exceeding out-of-pocket expenses,
including indebtedness reasonably incurred for medical or other services
necessary as a result of the injury upon which such action is based;
loss of earnings or support resulting from such injury; burial expenses
not exceeding two thousand five hundred dollars of a person who died as
a result of such unlawful occupancy or use described in this section
28-214.3; and the unreimbursed cost of repair or replacement of articles
of essential personal property lost, damaged or destroyed as a direct
result of such unlawful occupancy or use. In no event shall the payment
made to any person exceed the amount of such person's uncollected
judgment for personal injury or wrongful death and in no event shall the
total amount paid to any number of persons with such uncollected
judgments against a single defendant exceed the actual amount collected
by the city from such defendant in an action under this subdivision.
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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