2006 New York Code - Enforcement Proceedings.



 
    §  26-120  Enforcement  proceedings. a. Upon the violation of any law,
  rule or regulation enforceable by the  department,  or  the  failure  to
  comply  with  any  order  issued  by  the  commissioner  thereunder, the
  commissioner may, in his or  her  discretion,  request  the  corporation
  counsel  to  institute  legal  proceedings to restrain, correct or abate
  such violation, or  to  compel  compliance  with  such  order;  and  the
  corporation   counsel   shall   thereupon   institute  such  actions  or
  proceedings as may be necessary and appropriate for such purposes.
    b. Such actions and proceedings may be instituted by  the  corporation
  counsel  in  the  name of the city in any court of civil jurisdiction in
  the city and shall be given preference over pending causes  therein.  In
  such  actions  or proceedings, the city may apply for restraining orders
  preliminary injunctions or other provisional remedies, with  or  without
  notice;  and  no  undertakings  shall  be required as a condition to the
  granting or issuing of any such  order,  injunction  or  remedy,  or  by
  reason thereof.
    c.  In  no  case  shall  the  department,  or  any officer or employee
  thereof, be liable for costs in  any  such  action  or  proceeding;  and
  officers  and  employees  of  the  department,  acting in good faith and
  without malice, shall be free from liability for acts done in  any  such
  action or proceeding.
    d. Any judgment rendered in any such action or proceeding shall be and
  become  a  lien upon the premises involved and named in the complaint in
  such action or proceeding, the lien to date from the time  of  filing  a
  notice  of lis pendens in the office of the clerk of the county in which
  the premises is located, and to have priority  before  any  mortgage  or
  other  lien  existing  prior  to  such filing, except tax and assessment
  liens.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.