2006 New York Code - Liens On Premises For Inspection, Reinspection, Examination, Service Or Permit Fees.

 
    §  26-128 Liens on premises for inspection, reinspection, examination,
  service  or  permit  fees.  a.  Any  unpaid  fee  for   an   inspection,
  reinspection,  examination  or  service performed by the department, and
  all permits issued by the department, pursuant to law shall constitute a
  lien upon the land and buildings  upon  or  in  respect  to  which  such
  inspection, reinspection, examination or service was performed or permit
  issued, as hereinafter provided.
    b.  There  shall  be filed in the office of the department a record of
  all  fees  for  inspections,  reinspections,  examinations  or  services
  performed and all permits issued by or on behalf of the department. Such
  records  shall  be  kept  on  a  building by building basis and shall be
  accessible to the public during business hours. An entry of a fee on the
  records of the department shall constitute notice to all parties.
    c. All such unpaid fees shall constitute a  lien  upon  the  land  and
  building  upon,  or  in respect to which, such inspection, reinspection,
  examination or service was performed or permit issued  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 premises 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 subdivision
  b of this section are satisfied.
    d. 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  or as the person designated by the owner to receive tax bills or,
  where no name appears, to the premises, addressed to either the owner or
  the agent.
    e. 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 rate of  interest  applicable  to  such  property  for  a
  delinquent tax on real property, to be calculated to the date of payment
  from the date of entry.
    f.  Such  charge  and the interest thereon shall continue to be, until
  paid, a lien on the premises. Such lien shall be a tax lien  within  the
  meaning  of  sections  11-319  and  11-401  of the code and may be sold,
  enforced or foreclosed in the manner provided in chapter three  or  four
  of  title eleven of such code or may be satisfied in accordance with the
  provisions of section thirteen hundred fifty-four of the  real  property
  actions and proceedings law.
    g.  Such  notice mailed by the city collector pursuant to this section
  shall have stamped or printed thereon a reference to this section.
    h. In any proceedings to enforce or discharge a lien created  pursuant
  to  this  section  the  validity  of  the  lien  shall not be subject to
  challenge based on:
    (1) The  lawfulness  of  the  inspection,  reinspection,  examination,
  service or permit, or
    (2) The propriety and accuracy of the fee for which a lien is claimed,
  except as provided in this section.
    i.  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.