2006 New York Code - Dangerous Buildings, Places And Things; Nuisance; Order To Vacate Building; Expenses.

 
    §  26-127.  Dangerous buildings, places and things; nuisance; order to
  vacate building; expenses.
    a. Whenever any building, excavation,  business,  pursuit,  matter  or
  thing,  or  the  lot on which it is situated, or the plumbing, sewerage,
  drainage, light or  ventilation  thereof  is,  in  the  opinion  of  the
  commissioner,  in  a  condition or in effect dangerous or detrimental to
  life or health, the commissioner may  declare  that  the  same,  to  the
  extent  that  he  or she may specify, is a public nuisance and he or she
  may order the same to be removed, sealed, abated, suspended, altered  or
  otherwise  improved or purified. The commissioner may order or cause any
  excavation, building, sewer, plumbing, pipe, passage, ground, matter  or
  thing,  or  the  lot  on  which it is situated to be purified, cleansed,
  disinfected, removed,  altered,  repaired  or  improved.  Any  building,
  structure,  place  or premises perilous to life or property by reason of
  the nature or condition of its contents, its use,  the  overcrowding  of
  persons  therein,  defects  in its construction, or deficiencies in fire
  alarm, or fire extinguishing equipment or fire escape equipment,  or  by
  reason   of   any  condition  in  violation  or  law  or  order  of  the
  commissioner, is a public nuisance within the meaning of  the  code  and
  the  penal  law.  The commissioner is empowered to abate any such public
  nuisance.
    b. In case any order to remedy a condition imminently perilous to life
  or property issued by the commissioner or the department is not complied
  with, or the commissioner certifies in writing that an emergency  exists
  requiring  such  action,  he  or she may order and immediately cause any
  building, structure, place or premises (i) to be vacated; and, also,  if
  the commissioner determines such action is necessary to the preservation
  of  life  and  safety,  (ii) to be sealed, secured and closed; provided,
  however, that the commissioner  shall  not  order  sealed,  secured  and
  closed  any  dwelling  unit or other space lawfully used for residential
  purposes unless such dwelling unit or other space is sealed pursuant  to
  article  eight of subchapter three of chapter one of title twenty-six of
  the code.
    c. All orders issued pursuant to this section shall be posted upon the
  premises. Immediately upon the posting of an order  upon  the  premises,
  officers  and  employees  of  the police department, the department, and
  other authorized officers and employees of the  city  shall  immediately
  act upon and enforce such order. The police department shall provide all
  reasonable  assistance  to  the department and other authorized officers
  and employees necessary to carry out the provisions of this section.
    d. For the purpose of this section, "sealed" and "sealed, secured  and
  closed"  shall  mean  the  use  of  any  means  available  to render the
  building, structure or part  thereof  inaccessible,  including  but  not
  limited to the use of a padlock or cinder blocks.
    e.  (i)  Any  order  to seal, secure and close issued pursuant to item
  (ii) of subdivision b of  this  section  shall  contain  notice  of  the
  opportunity for a hearing with respect to such order to determine if the
  order  was  properly  issued  in  accordance with the provisions of this
  section. Such hearing shall be conducted by the commissioner, or in  the
  commissioner's  discretion,  by  the office of administrative trials and
  hearings or the environmental control board. If the matter  is  referred
  to  such  office  or  board, the hearing officer shall submit his or her
  findings of fact and a recommended decision  to  the  commissioner.  The
  hearing  shall  be  held within three business days after the receipt of
  the written request of an owner, lessor, lessee, or mortgagee  for  such
  hearing  and  the  commissioner  shall  render  a  decision within three
  business days after such hearing is concluded.


    (ii) Any order issued pursuant to this  section  shall  be  served  in
  accordance  with  section  26-117 of the code and, in addition, shall be
  mailed to the record owner of such premises and any record mortgagee  of
  such  premises  at  the  address  for  such  person  as set forth in the
  recorded  instrument  and  to the person designated as owner or agent of
  the building or designated to receive real property tax or  water  bills
  for  the building at the address for such person contained in one of the
  files compiled by the department of  finance  for  the  purpose  of  the
  assessment  or collection of real property taxes and water charges or in
  the file compiled by  the  department  of  finance  from  real  property
  transfer forms filed with the city register upon the sale or transfer of
  real  property.  A copy shall also be filed with the county clerk of the
  county in which such premises are located. Such filing shall  be  notice
  of  the order to any subsequent owner and such owner shall be subject to
  such order.
    f. An order issued pursuant to this section  shall  not  be  rescinded
  unless  the  owner,  lessor, lessee or mortgagee seeking such rescission
  provides assurance, in a form satisfactory to the commissioner, that the
  conditions which caused the issuance of such order have  been  corrected
  and  will  not  reoccur. If such order is rescinded, upon the request of
  the owner, lessor, lessee or mortgagee, the commissioner shall provide a
  certified copy of such rescission, which may be filed  with  the  county
  clerk of the county in which such premises are located.
    g.  Expenses of enforcing orders. The expenses attending the execution
  of any and all orders duly made by the department shall respectively  be
  a  several  and joint personal charge against each of the owners or part
  owners,  and  each  of  the  lessees  and  occupants  of  the  building,
  structure, enclosure, place or premises to which such order relates, and
  in  respect to which such expenses were incurred; and also against every
  person or body who was by law or contract bound to do that in regard  to
  such  building, structure, enclosure, place or premises which such order
  requires.  Such  expenses  shall  also  be  a  lien  on  all  rent   and
  compensation  due,  or  to  grow  due,  for  the  use  of  any building,
  structure, place or premises, or any part thereof, to which  such  order
  relates, and in respect to which such expenses were incurred.
    h.  The  commissioner  shall give written notice of the closing of any
  building, structure, enclosure,  place  or  premises  pursuant  to  this
  section,  and any subsequent actions taken with respect thereto, as soon
  as practicable, to (i) the borough president of the borough within which
  the closing has occurred;  (ii)  the  council  member  representing  the
  district  within  which  the  closing  has occurred; and (iii) the local
  community board. On January first of each year, the  commissioner  shall
  submit  a  report  to  the council, setting forth the number of closings
  made in the previous year, the  locations  of  such  closings,  and  the
  nature  and  use  of  the  premises  closed.  The commissioner shall, in
  addition, as soon as practicable after a building, structure, enclosure,
  place or premises has been closed, make and publish  a  report  of  said
  closing  in a manner calculated to quickly notify the local community in
  which such closing  occurred.  The  commissioner  shall  also  make  and
  publish  a  report  of  any  premises  reopened  pursuant  to his or her
  permission under this section. Failure to comply with  this  subdivision
  shall  not  invalidate  any action taken by the commissioner pursuant to
  this section.