2006 New York Code - Proceedings To Recover Annual Vault Charge.

 
    §  11-2711 Proceedings to recover annual vault charge. a. Whenever any
  person shall fail to pay any vault charge, penalty or  interest  imposed
  by  this chapter as herein provided, the corporation counsel shall, upon
  the request of the  commissioner  of  finance  bring,  or  cause  to  be
  brought,  an  action to enforce the payment of the same on behalf of the
  city of New York in any court of the state of New York or of  any  other
  state or of the United States.
    b. As an additional remedy or as an alternate remedy, the commissioner
  of finance may issue a warrant, directed to the city sheriff, commanding
  him  or  her to levy upon and sell the real and personal property of the
  person liable for vault charges which may be found within the  city  for
  the  payment of the amount thereof, with any penalties and interest, and
  the cost of executing the warrant, and to return  such  warrant  to  the
  commissioner  of finance and to pay to him or her the money collected by
  virtue thereof within sixty days after the receipt of such warrant.  The
  city  sheriff  shall  within  five days after the receipt of the warrant
  file with the county clerk a copy  thereof,  and  thereupon  such  clerk
  shall  enter  in the judgment docket the name of the person mentioned in
  the warrant and the amount of the vault charge, penalty and interest for
  which the warrant is issued and  the  date  when  such  copy  is  filed.
  Thereupon  the  amount  of  such warrant so docketed shall become a lien
  upon the title to and interest in real  and  personal  property  of  the
  person  against  whom the warrant is issued. The city sheriff shall then
  proceed upon the warrant in the same manner, and with  like  effect,  as
  that  provided  by  law in respect to executions issued against property
  upon judgments of a court of record and for services  in  executing  the
  warrant  he  or  she shall be entitled to the same fees, which he or she
  may collect in the same manner. In the discretion of the commissioner of
  finance a warrant of like terms, force and  effect  may  be  issued  and
  directed  to an officer or employee of the department of finance, and in
  the execution thereof such officer or employee shall have all the powers
  conferred by law upon sheriffs, but shall  be  entitled  to  no  fee  or
  compensation in excess of the actual expenses paid in the performance of
  such  duty.  If  a  warrant  is  returned  not  satisfied  in  full, the
  commissioner of finance may from time to time  issue  new  warrants  and
  shall  also  have the same remedies to enforce the amount due thereunder
  as if the city had recovered judgment therefor and execution thereon had
  been returned unsatisfied.
    c. In addition to any other lien provided for  in  this  section,  the
  annual vault charge imposed by this chapter shall become a lien, binding
  upon  the  premises  immediately  adjoining such vault, on the date such
  charge is required to be paid until the same is paid in full.
    d. The commissioner of finance, if he or she finds that the  interests
  of the city will not thereby be jeopardized, and upon such conditions as
  the  commissioner  of finance may require, may release any property from
  the lien of any warrant or vacate such warrant for unpaid vault charges,
  additions to vault charges, penalties and  interest  filed  pursuant  to
  subdivision  b  of  this  section,  and  such release or vacating of the
  warrant may be recorded in the office of any recording officer in  which
  such  warrant  has  been  filed.  The  clerk  shall thereupon cancel and
  discharge as of the original date of docketing the vacated warrant.