There is a newer version of the New York Consolidated Laws
2006 New York Code - Repair Or Removal Under Precept.
§ 26-240 Repair or removal under precept. a. Execution of precept. Upon receiving a precept under the provisions of section 26-239 of this article, the superintendent referred to therein shall immediately proceed to execute such precept, as therein directed, and may employ such labor and assistance and furnish such materials as may be necessary for that purpose. A precept requiring that the structure be repaired and secured shall include, but not be limited to, shoring and sealing of the structure. Whenever the demolition of any structure or part of a structure is to be carried out pursuant to any such precept, and the superintendent upon authorization by the commissioner, requests of either the commissioner of citywide administrative services or the commissioner of the department of housing preservation and development that such structure or part thereof be demolished, such demolition work, as so requested, shall be performed by or under the direction of the commissioner of citywide administrative services in accordance with the provisions of subdivisions b and c of section 4-204 of subchapter two of this chapter of the code, or by the commissioner of the department of housing preservation and development. The owner of such structure, or part thereof, or premises, or any party interested therein, if he or she applies to the superintendent immediately upon the issuing of such precept and pays all costs and expenses incurred by the city up to that time, shall be allowed to perform the requirements of the precept at his or her own proper cost and expense, if the performance shall be done immediately and in accordance with the requirements of such precept. The superintendent shall have authority to modify the requirements of any precept upon application to him or her in writing by the owner of such structure, or part thereof, or premises, or his or her representative, or to seal or shore the structure upon an application by the commissioner of housing preservation and development, when such superintendent shall be satisfied that such change will secure the safety of such structure or premises equally well. After a determination to seal or shore the structure is made by the superintendent upon application by the commissioner of housing preservation and development, written notice of such determination shall be sent by regular mail to the owner at his or her last known address. If no action to rehabilitate and restore the structure is undertaken within eighteen months following the granting of such application by the commissioner of housing preservation and development, which period may be extended for an additional six months by the superintendent upon approval of the supreme court, the structure may be demolished. The owner shall continue to have the right during such periods to request the superintendent in writing to modify the requirement of the precept. b. Interference prohibited. 1. It shall be unlawful for any person to interfere, obstruct or hinder the superintendent or commissioner of citywide administrative services or the commissioner of housing preservation and development or the representative of any of them, or any person who, acting under the authority conferred on him or her by such superintendent or commissioner, is performing the work directed by a precept issued out of any court as in this article provided, or the work ordered by the superintendent in accordance with such precept under the provisions of this subchapter. 2. The police commissioner shall enforce such orders or requirements when requested by the superintendent, and shall likewise enforce same at the request of the commissioner of citywide administrative services or the commissioner of housing preservation and development with respect to demolition work performed by or under the direction of such commissioner pursuant to the provisions of this section.
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