Article 215 - EMERGENCY POWERS OF THE COMMISSIONER

Section 28-215.1

Section 28-215.1

  §28-215.1 Emergency work. Notwithstanding any other provisions of law,
if  the  commissioner determines that a structure or any part thereof is
in imminent danger of collapse and the exigency of the situation is such
that any delay may cause further danger to the public safety,  then  the
commissioner  may  direct  the  commissioner of housing preservation and
development or the department of citywide  administrative  services,  or
other city agency to perform or arrange the performance of the emergency
demolition  of  such  structure  or  part  thereof or such other work as
deemed by the commissioner to make it safe.

Section 28-215.1.1

Section 28-215.1.1

  §28-215.1.1  Lien  for  emergency  work.  The  expenses of the city in
performing emergency work on any structure or  part  of  such  structure
pursuant  to  this  article shall constitute a debt recoverable from the
owner and a lien upon the land and any part of such structure  that  was
not demolished. Every such lien shall have priority over all other liens
and  encumbrances  on  the  premises  except  for  the lien of taxes and
assessments. Except as  otherwise  provided  by  rule  of  the  affected
agency,  the  agency  incurring  such  expenses shall be governed by the
procedures set forth in article eight of subchapter five of the  housing
maintenance  code  with respect to the enforcement of such debt and lien
against all types  of  structures,  including  those  authorized  to  be
occupied   or   otherwise  occupied  for  residential,  commercial,  and
manufacturing purposes.

Section 28-215.2

Section 28-215.2

§28-215.2 Stopping work and securing structures. See section 28-207.2.

Section 28-215.3

Section 28-215.3

§28-215.3 Vacating structures. See section 28-207.4.

Section 28-215.4

Section 28-215.4

  §28-215.4  Violations  of  protective  measures during construction or
demolition. During the construction or demolition of  a  structure,  the
commissioner  shall  notify  the  owner of the structure affected of any
failure to comply with any of the provisions of this code  that  concern
the  protection  of  the  public  and  workers  during  construction  or
demolition. Unless the owner so notified proceeds immediately to  comply
with  the  orders  of the commissioner, the commissioner shall have full
power to correct the violation. All expenses  incurred  therefore  shall
become a lien on the property pursuant to section 28-112.9.

Section 28-215.5

Section 28-215.5

  §28-215.5  Investigation  of  accidents or other emergency conditions.
When necessary to conduct an investigation of any  occurrence  affecting
building  or  construction safety, the commissioner may seize or impound
equipment, building material, and portions of the affected  building  or
premises  for  examination  and  testing. The police department or other
authorized law enforcement agency shall cooperate with the  commissioner
upon  request and shall provide a suitable place for the deposit of such
items.

Section 28-215.6

Section 28-215.6

  §28-215.6  Closing  streets  temporarily.  The  commissioner may, when
necessary for  the  public  safety,  temporarily  close  the  sidewalks,
streets,  structures  or places adjacent to a structure or part thereof,
and the police commissioner, or any of his  or  her  subordinates  shall
enforce  all  orders  or  requirements made by the commissioner, when so
requested by the commissioner.

Section 28-215.7

Section 28-215.7

  §28-215.7  Recovery  of  bodies  from  wrecked  structures.  Where any
persons are known or believed to be buried under the ruins of any fallen
structure or part thereof in the city, the commissioner shall  cause  an
examination  of  the premises to be made for the recovery of the injured
and bodies of the dead. Whenever, in making such examination,  it  shall
be necessary to remove any debris from the premises, other city agencies
shall  cooperate  with  the commissioner in carrying out the purposes of
this section 28-215.7, and shall provide suitable and convenient  places
for the deposit of such debris.

Section 28-215.8

Section 28-215.8

  §28-215.8 Non-compliance with orders; execution of work by department.
Upon the failure to comply with any order of the commissioner within the
time  limited thereby, and subject to the provisions of article 216, any
work required to be executed by  such  order  may  be  executed  by  the
commissioner   through  the  officers,  agents  or  contractors  of  the
department; and the city shall be reimbursed promptly for all costs  and
expenses  of such work. Such costs and expenses shall become a lien upon
the premises involved and named in the commissioner's order,  which  may
be  enforced  in  accordance  with the provisions of section 28-112.9 of
this code.