2006 New York Enforcement Of Environmental Control Board Judgments Against Owners For Certain Building Code Violations.

 
    §  26-126.5  Enforcement  of  environmental  control  board  judgments
  against owners for certain building code violations. a.  Notwithstanding
  any  provision  of  law  to the contrary, an environmental control board
  judgment against an owner for a building code violation with respect  to
  (i)  a  private  dwelling,  (ii)  a  wooden-framed single room occupancy
  multiple dwelling, or (iii) a dwelling with a legal occupancy  of  three
  or  fewer  dwelling  units  shall  constitute a tax lien on the property
  named in the violation with respect to which such judgment was rendered,
  as hereinafter provided.
    b. Such liens shall be entered and enforced as follows:
    (i) There shall be filed in the office of the department a  record  of
  all  such  unpaid  judgments.  Such records shall be kept by tax lot and
  block number and shall be  accessible  to  the  public  during  business
  hours.  An  entry  of  a judgment on the records of the department shall
  constitute notice to all parties.
    (ii) All such unpaid  judgments  shall  constitute  a  lien  upon  the
  property  named in the violation with respect to which such judgment was
  rendered when the amount thereof shall have been definitely computed  as
  a statement of account by the department, and the department shall cause
  to  be filed in the office of the city collector an entry of the account
  stated in the book in which such charges against the property are to  be
  entered.  Such  lien  shall  have  a  priority  over all other liens and
  encumbrances except for the lien of taxes and assessments.  However,  no
  lien  created  pursuant  to  this  section  shall  be enforced against a
  subsequent purchaser in good faith or mortgagee in good faith unless the
  requirements of paragraph (i) of this subdivision are satisfied.
    (iii) A notice thereof, stating the amount due and the nature  of  the
  charge,  shall  be  mailed  by the city collector within five days after
  such entry to the last known address of the person whose name appears on
  the records in the office of the city collector as being  the  owner  or
  agent  of  the  property  or  as  the  person designated by the owner to
  receive tax bills or, where no name appears, to the property,  addressed
  to either the "owner" or the "agent".
    (iv) Such notice mailed by the city collector pursuant to this section
  shall have stamped or printed thereon a reference to this section.
    (v)  If  such  charge  is not paid within thirty days from the date of
  entry, it shall be the duty of the city collector  to  receive  interest
  thereon at the same rate as unpaid real property taxes, to be calculated
  to the date of payment from the date of entry.
    (vi)  Such charge and the interest thereon shall continue to be, until
  paid, a lien on the property. Any remedy or procedure available for  the
  enforcement  of  tax  liens  against  such  property, including, but not
  limited to, any sale of a tax lien or any foreclosure  of  a  tax  lien,
  shall  be available with respect to such tax lien. In addition, such tax
  lien may be satisfied in  accordance  with  the  provisions  of  section
  thirteen hundred fifty-four of the real property actions and proceedings
  law.
    (vii)  In  any  proceeding  to  enforce  or  discharge  a lien created
  pursuant to this section, the validity of the lien shall not be  subject
  to challenge based on the lawfulness of the judgment, except as provided
  in this section.
    (viii)  No  such  challenge may be made except by (1) the owner of the
  property or (2) a mortgagee or lienor whose mortgage or lien would,  but
  for  the provisions of this section, have priority over the department's
  lien.
    c. Notwithstanding the foregoing provisions, no such judgment shall be
  entered and enforced as a tax lien against any property  unless  at  the
  time  of  the  issuance of the notice of violation a copy of such notice


  was also served on all mortgagees and lienors of record of such property
  by mail addressed to the  recorded  addresses  of  such  mortgagees  and
  lienors.
    d.  The  procedures  provided  in  this section for the enforcement of
  environmental  control  board  judgments  against  owners  shall  be  in
  addition  to any other methods provided under any other provision of law
  for the enforcement of such judgments.