2006 New York Code - Removal Of Unauthorized Projections And Encroachments.

 
    § 19-133 Removal of unauthorized projections and encroachments. a. The
  commissioner may serve an order upon the owner of any premises requiring
  such   owner   to   remove  or  alter  any  unauthorized  projection  or
  encroachment, on or in front of his premises,  within  a  period  to  be
  specified  in  such  order. Such order shall be served personally, or by
  leaving it at the house or place of business of the owner,  occupant  or
  person  having  charge  of  the  house  or  lot  in  front  of which the
  projection or encroachment may be, or by posting such order thereon.
    b. At any time after the expiration of the  time  specified  for  that
  purpose  in the order, if such encroachment or projection shall not then
  have been removed or altered, the commissioner may remove  or  alter  or
  cause  such  encroachment  or projection to be removed or altered at the
  expense of the owner or constructor thereof, who shall be liable to  the
  city  for  all expenses that it may incur by such removal or alteration,
  together with the  penalties  prescribed  by  this  subchapter  for  the
  violation of such order, to be recovered with costs of suit.
    c.  1.  In  addition to any other remedies or penalties, whenever such
  removal,  alteration,  repair  and  restoration  is  undertaken  by  the
  commissioner  he  or she may certify separately the costs and expense of
  such removal, alteration, repair and restoration to the commissioner  of
  finance.  The commissioner of finance shall, upon the certificate of the
  commissioner, charge the amount of such costs and expenses  against  the
  property  upon  and  with respect to which the work was performed. Every
  such charge shall be a lien upon the property or premises in respect  to
  which the same shall have been made, which lien shall have priority over
  all  other liens and incumbrances except taxes and assessments for other
  public or local improvements, sewer rents, water rents and  interest  or
  penalty  thereon  levied  or charged pursuant to law. Such lien shall be
  enforced in  all  respects  in  the  manner  provided  by  law  for  the
  enforcement  of liens of taxes, assessments, sewer rents and water rents
  and interest or penalties thereon.
    2. As an alternative to the remedy prescribed in paragraph one of this
  subdivision, the commissioner may in his or  her  discretion  institute,
  through the corporation counsel, any appropriate action or proceeding at
  law  against  such  owner  for the recovery of the costs and expenses of
  such removal, alteration, repair  and  restoration,  undertaken  by  the
  commissioner, as provided herein.