2006 New York Code - Destruction Of Buildings To Prevent Spread Of Fire.



 
    §  15-124  Destruction  of buildings to prevent spread of fire. a. The
  commissioner may order any building which  is  on  fire,  or  any  other
  building near thereto which he or she deems hazardous, or likely to take
  fire,  or to convey the fire to other buildings, to be razed, if, in his
  or her discretion, such action is necessary to  prevent  the  spread  of
  fire or to prevent the loss of life or property therefrom.
    b.  Whenever the razing of a building is thus ordered, it shall be the
  duty of any member or members of the department, under the direction  of
  the  officer in command at such fire, to level and destroy such building
  by the use of explosives, and it shall be lawful for them to  enter  and
  take  possession  of  the  same  for  such purpose. The commissioner may
  establish one or more depots for the storage  and  safekeeping  of  such
  explosives  as  may  be  required and may limit the quantity of any such
  explosives to be kept at any such depots.
    c. Upon the application of any person interested in  any  building  so
  razed, or in its contents, to the supreme court in and for the county or
  any  adjoining  county  in  the  judicial  department  within which such
  building is situated, it shall be the duty of  such  court  to  issue  a
  precept  for  a  jury  to  inquire into and assess the damages which the
  owners of such building and all persons having  an  estate  or  interest
  therein  or  in the contents thereof, have respectively sustained by the
  razing of such building or its contents. Such precept shall  be  issued,
  directed,  executed,  returned  and  proceeded upon, and the proceedings
  thereon shall take effect, as nearly as may be, in  such  manner  as  is
  provided  in  chapter three of title five of the code. After the inquiry
  and assessment are confirmed by the court, the sums assessed by the jury
  shall be paid by the city to the respective persons in whose  favor  the
  jury  shall  have assessed the same, in full satisfaction of all demands
  of such persons, respectively, by reason of the razing of such  building
  or its contents. The court before which such process shall be returnable
  shall  have  power to compel the attendance of jurors and witnesses upon
  any such assessment of damages.

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