Section 28-216.1
§28-216.1 Conditions constituting an unsafe building or structure. Any
building, structure or part thereof described in this article shall be
deemed an unsafe building and shall be demolished or removed or made
safe and secure as provided herein.
Section 28-216.1.1
§28-216.1.1 Compromised structures. Any structure or premises or part
of a structure or premises that from any cause may at any time become
dangerous or unsafe, structurally or as a fire hazard, or dangerous or
detrimental to human life, health or safety, shall be demolished and
removed or made safe and secure.
Section 28-216.1.2
§28-216.1.2 Vacant buildings. Any vacant building not continuously
guarded or not sealed and kept secure against unauthorized entry shall
have all openings sealed in a manner approved by the commissioner, and
it shall be the duty of the owner thereof promptly to make any repairs
that may be necessary for the purpose of keeping such building sealed
and secure.
Section 28-216.10
§28-216.10 Judgment lien. Any judgment rendered in an action or
proceeding instituted under this article shall be and become a lien upon
the premises named in such action or proceeding, such lien to date from
the time of filing a notice of pendency in the office of the clerk of
the county wherein the property affected by such action or proceeding,
is located. Every such lien shall have priority before any mortgage or
other lien as may exist prior to such filing except tax and assessment
liens.
Section 28-216.11
§28-216.11 Tax lien. Any costs and expenses incurred by any agency of
the city pursuant to this article, including but not limited to the
preliminary expenses of searches, service of the notice of survey and
summons on interested parties, surveys thereof, and costs of executing
the precept, shall be a debt recoverable from the owner of the premises
and a lien upon the land and buildings upon or in respect to which such
costs and expenses were incurred. 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 expense 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.
Section 28-216.12
§28-216.12 Buildings and structures that are potentially compromised.
For purposes of this section 28-216.12, "potentially compromised" shall
include a building or structure that has had an open roof for sixty days
or longer, that has been shored and braced or repaired pursuant to an
emergency declaration issued by the commissioner, that has been subject
to a precept as a compromised structure under Article 216 of this code
or that may have suffered structural damage by fire or other cause as
determined by the commissioner.
Section 28-216.12.1
§28-216.12.1 Structural inspections of potentially compromised
buildings or structures. When a building or structure has become
potentially compromised, the owner shall cause a structural inspection
of such building or structure to be performed. Such inspection shall be
performed within sixty days of the opening of the roof, within sixty
days of the shoring and bracing or repair work, or within sixty days of
a determination by the commissioner that the building has suffered
structural damage by fire or other cause. A report of such inspection
shall be filed with the department within thirty days thereafter in such
form and detail and with provision for periodic monitoring of the
building or structure as the commissioner may require.
Section 28-216.12.2.
§28-216.12.2. Structural inspections shall only be performed by a
registered design professional in good standing with the New York state
department of education.
Section 28-216.12.3.
§28-216.12.3. If a violation of any applicable statute, law, rule or
regulation or any unsafe condition that poses a threat to the structural
integrity of the building or to the public is found during the course of
such inspection, the registered design professional performing the
inspection shall immediately notify the department and the owner of such
violation or unsafe condition by calling 311 and in writing.
Section 28-216.12.4.
§28-216.12.4. An inspection of the buildings and structures subject to
the inspection and filing requirements of section 28-216.12 shall be
performed every year or, for a specified building or structure, within
such other period as determined by the commissioner but not longer than
two years, and shall continue until such time as the registered design
professional documents and certifies that the building or structure is
no longer potentially compromised and such certification is accepted by
the commissioner.
Section 28-216.12.5.
§28-216.12.5. The owner shall hire a registered design professional to
perform a structural inspection of buildings and structures subject to
section 28-216.12 prior to the issuance of a permit to alter, repair,
demolish or enlarge such building or structure, except that the
commissioner may waive such inspection if a structural inspection of the
entire building or structure has been performed within the prior year.
Section 28-216.12.6.
§28-216.12.6. Any owner of a building or structure shall notify the
department in writing that such building or structure has become
potentially compromised immediately after such owner knows or should
have known of the condition. Such notice shall contain the name and
business address of the owner of record of such building or structure
and shall identify the building or structure by street address and tax
block and lot. The notices required by this subdivision shall be in such
form and manner as established by the commissioner by rule.
Section 28-216.12.7.
§28-216.12.7. If an owner subject to the inspection and filing
requirements of this section fails to file such report, the owner shall
be liable for a civil penalty in an amount not less than two thousand
dollars. In such a case, the department may cause a structural
inspection to be conducted and a report filed.
Section 28-216.2
§28-216.2 Record and notice of unsafe building, structure or premises.
The department shall cause a report to be filed on an unsafe building,
structure or premises. The report shall describe the nature of the
occupancy of the structure and the nature of the unsafe condition and be
made a record of the department.
Section 28-216.3
§28-216.3 Notice and order. The owner, executor, administrator,
mortgagee, lessee or any other person who may have a recorded vested or
recorded contingent interest in the unsafe building, structure or
premises, shall be served with a notice containing a description of the
unsafe building, structure or premises and an order requiring such
building be vacated pursuant to 28-207.4, if necessary, and sealed,
secured, repaired, shored, or demolished and removed as may be deemed
necessary by the department.
Section 28-216.3.1
§28-216.3.1 Content. Such notice shall require the person thus served
immediately to certify to the department his or her acceptance or
rejection of the order. The notice shall further notify said person(s)
that upon his or her refusal or neglect to comply with any of the
requirements of this provision, a survey of the building or premises
named in such notice will be made at a time and place therein named. The
notice shall also state that if, pursuant to the survey, it is found
that the building, structure, or premises referred to therein is unsafe
or dangerous by the surveyors, their report of survey will be placed
before the supreme court for trial at a time and place named in such
notice.
Section 28-216.4
§28-216.4 Method of service. The notice and order shall be served in
accordance with the civil practice law and rules of the state of New
York.
Section 28-216.5
§28-216.5 Owner abatement of unsafe or dangerous conditions. If the
person served with a notice and order pursuant to section 28-216.4 shall
immediately certify his or her assent to the securing or removal of such
unsafe building, structure or premises condition, such person shall be
allowed a period of time as determined by the commissioner, or his or
her designee, within which to commence and complete the abatement of the
unsafe or dangerous condition. Such person shall employ sufficient labor
and assistance to secure or remove such conditions as expeditiously as
possible.
Section 28-216.6
§28-216.6 Survey. A survey of the building or premises shall be
conducted as follows:
Section 28-216.6.1
§28-216.6.1 Identity of surveyors. The survey shall be made by three
competent persons, of whom one shall be the commissioner or his or her
designee; another shall be a registered design professional appointed by
a recognized professional organization; and the third shall be a
registered design professional appointed by the person served with a
notice pursuant to section 28-216.4. If the person served with such
notice shall neglect or refuse to appoint such surveyor, the other two
surveyors shall make the survey. In case they disagree, they shall
appoint a third person to take part in such survey, who shall be a
registered design professional of at least 10 years' practice, whose
decision shall be final.
Section 28-216.6.2
§28-216.6.2 Posting report of survey. A copy of the report of the
survey shall be posted on the structure that is the subject thereof by
the persons holding the survey, immediately on their issuing such
report.
Section 28-216.6.3
§28-216.6.3 Compensation of surveyors. The registered design
professional appointed by the respective professional organization, as
herein before provided, who may act on any survey called in accordance
with the provisions of this section 28-216.6, and the third surveyor who
may have been called in the case of disagreement provided for in this
section 28-216.6, shall each be paid a sum to be determined by rule to
be promulgated by the department.
Section 28-216.6.4
§28-216.6.4 Cost of survey. Any costs incurred by the city in
connection with the survey shall become money due and owing to the city
as part of the return of precept and judgment provided for in section
28-216.9 and 28-216.10 of this code or pursuant to lien provided for in
section 28-112.9 of this code.
Section 28-216.7
§28-216.7 Court proceeding. Whenever the report of survey shall recite
that the building, structure or premises surveyed is unsafe or
dangerous, the corporation counsel or his or her designee shall, at the
time specified in the notice, place such notice and report before a
justice of the court named in the notice. The report of survey shall be
in writing and constitute the issues to be placed before the court for
trial. The purpose of the trial shall be to determine whether the unsafe
building, structure, or premises shall be vacated and sealed, secured,
shored, or demolished and removed.
Section 28-216.7.1
§28-216.7.1 Precedence of proceeding. The unsafe building proceeding
shall have precedence over every other business of such supreme court.
The trial on the issues in the unsafe building proceeding shall be held
without delay, at the time specified in the notice, and shall be held by
a justice of the court or by a referee, whose decision or report in the
matter shall be final.
Section 28-216.7.2
§28-216.7.2 Precept to abate. If the justice or referee determines the
building, structure or premises that is the subject of the report of
survey is unsafe or dangerous, such justice or referee trying the case
shall immediately issue a precept directed to the commissioner
authorizing the commissioner forthwith to vacate pursuant to section
28-207.4, if necessary, and to seal, secure, shore, or demolish and
remove the unsafe building, structure or premises named in such report.
The precept shall be effective for a period of three years from the date
of issuance.
Section 28-216.7.3
§28-216.7.3 Notice of pendency. A notice of pendency shall be filed in
accordance with the following procedure:
1. The notice of pendency shall consist of a copy of the notice
described in section 28-216.3 and shall be filed in the office of the
clerk of the county where the property affected by such action, suit or
proceeding is located. Such notice of pendency may be filed at any time
after the service of the notice described in section 28-216.3.
2. Any notice of pendency filed pursuant to the provisions of this
section 28-216.7.3 that has not expired may be vacated and cancelled of
record upon an order of a justice of the court in which such suit 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 mark 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.
Section 28-216.8
§28-216.8 Execution of precept. A precept issued pursuant to section
28-216.7.2 shall be executed in accordance with the procedure set forth
in sections 28-216.8.1 through 28-216.8.3.
Section 28-216.8.1
§28-216.8.1 Work by the department. Upon receiving a precept under the
provisions of section 28-216.7.2, the commissioner shall execute such
precept, as therein directed, and may employ such labor and assistance
and furnish such materials as may be necessary for that purpose. The
commissioner or his or her designee shall direct the commissioner of
citywide administrative services or the department of housing
preservation and development or other authorized agency to perform work
in accordance with the precept. Such work shall be performed by or under
the direction of citywide administrative services in accordance with the
provisions of section 4-204 of the administrative code, or the
department of housing preservation and development, or such other
authorized agency.
Section 28-216.8.2
§28-216.8.2 Owner application to perform work. The owner of such
unsafe building, structure, or premises, or any party interested
therein, if such person applies to the commissioner immediately upon the
issuing of such precept, shall be allowed to perform the requirements of
such precept at his or her own cost and expense, if the performance
shall be done immediately and in accordance with the requirements of
such precept and other applicable laws and rules and such other
requirements as the commissioner shall impose.
Section 28-216.8.3
§28-216.8.3 Modification of precept. The commissioner or his or her
designee shall have authority to modify the requirements of any precept
when such commissioner or designee shall be satisfied that such change
will secure the safety of such structure or premises equally well.
Section 28-216.8.3.1
§28-216.8.3.1 Upon application. The commissioner shall also have
authority to modify the requirements of any precept upon application to
such commissioner in writing by the owner of the unsafe building,
structure, or premises, or such owner's authorized representative. In
addition, upon application to modify the requirements of any precept to
seal or shore the structure by the commissioner of housing preservation
and development, citywide administrative services or such other
authorized agency, the commissioner or designee shall have authority to
modify such precept accordingly when the commissioner shall be satisfied
that such change will secure the safety of such structure or premises
equally well.
Section 28-216.8.3.2
§28-216.8.3.2 Notice. After a determination to modify the precept is
made by the commissioner, written notice of such determination shall be
sent by regular mail to the owner and applicant for the modification if
other than the owner, at his or her last known address.
Section 28-216.8.3.3
§28-216.8.3.3 Failure of owner to perform work. If no action in
accordance with the modified precept is undertaken by the owner or
applicant for modification within the time period provided in the
modification following the granting of such application, the
commissioner may direct the department of housing preservation and
development or the department of citywide administrative services or
such other authorized agency to execute the original precept, provided
however that prior to such execution, notice shall be provided by
regular mail to the owner of the unsafe building, structure or premises
and applicant for the modification if other than the owner, at his or
her last known address. The owner shall continue to have the right to
request the commissioner to modify the requirements of the precept prior
to the execution thereof.
Section 28-216.8.4
§28-216.8.4 Interference prohibited. It shall be unlawful for any
person to interfere, obstruct or hinder the commissioner or the
commissioner of citywide administrative services, housing preservation
and development, or other authorized agency, or any person who, acting
under the authority conferred on such person by such commissioner, in
performing the work authorized by a precept issued out of any court or
modified in accordance with §28-216.8.3, or the work ordered by the
commissioner in accordance with such precept under the provisions of
section 28-216.8.3.3.
Section 28-216.8.5
§28-216.8.5 Enforcement. The police commissioner shall enforce such
orders or requirements when requested by the commissioner and shall
likewise enforce same at the request of the commissioner of citywide
administrative services, housing preservation and development, or other
authorized agency, with respect to work performed by or under the
direction of such commissioner pursuant to the provisions of section
28-216.8.3.3.
Section 28-216.9
§28-216.9 Return of precept and reimbursement of city. Upon compliance
with any precept issued to the commissioner in a proceeding under this
article, the commissioner may make return thereof, with an endorsement
of the action thereunder and the costs and expenses thereby incurred, to
the justice of the court from which such precept issued. Such justice
shall then tax and adjust the amount endorsed upon such precept, and
shall adjust and allow the disbursements of the proceeding, including,
but not limited to the preliminary expenses of searches, service of the
notice of survey and summons on interested parties, surveys thereof, and
costs of executing the precept, which shall be inserted in the judgment
in such proceeding. Such justice shall then render judgment for such
amount and for the sale of the premises named in such notice, together
with all the right, title and interest that the person named in such
notice had in the lot, ground or land upon which such structure was
placed, at the time of the filing of a notice of pendency in such
proceedings, or at the time of the entry of judgment therein, to satisfy
such judgment in foreclosure of mortgages. Nothing in this article shall
preclude the city from recovering such costs and expenses in any other
lawful manner, including pursuant to section 28-112.9 of this code.
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