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