2006 New York Code - Judicial Orders.

 
    § 26-247 Judicial orders. a. Judicial orders to comply with notices or
  orders.  In case any notice or direction authorized to be issued by this
  subchapter or chapter one of title  twenty-seven  of  the  code  is  not
  complied  with  within  the  time  designated  therein, the city, by the
  corporation counsel, may, at the request of the superintendent, apply to
  the supreme court, at a special term thereof, for an order directing the
  superintendent  to  proceed  to  make  the  alterations  or  remove  the
  violation, as may be specified in such notice or direction.
    b.  Judicial  orders  to vacate for violations. Whenever any notice or
  direction so authorized shall have  been  served  as  provided  in  this
  article,  and  shall  not  have  been  complied  with  within  the  time
  designated therein, the corporation counsel shall, at the request of the
  superintendent, in addition to, or in lieu of any other remedy  provided
  for by this subchapter or chapter one of title twenty-seven of the code,
  apply  to  the  supreme  court,  at a special term thereof, for an order
  directing the superintendent to vacate such structure or premises, or so
  much thereof as he or she may deem necessary, and prohibiting the use or
  occupancy of such structure or premises for  any  purpose  specified  in
  such order until such notice shall have been complied with.
    c.  Responsibility of lessees or occupants. In case any of the notices
  or orders of the court herein mentioned shall be served upon any  lessee
  or  party  in possession of the structure or premises therein described,
  it shall be the duty of the person upon whom such service  is  made,  if
  such  person  know the address of the owner or agent of the structure or
  premises named in the notice, to give immediate notice to such owner  or
  agent  if  such  owner or agent shall be within the city, and his or her
  residence be known to such person, and, if such owner or agent shall  be
  outside  the  city,  by depositing such notice in any post office in the
  city, properly enclosed in a post paid wrapper addressed to  such  owner
  or agent at his or her then known place of residence.
    d.  Designation of agent by an owner of a structure. Any owner of real
  estate or of a structure thereon may execute and acknowledge  a  written
  designation of a resident of the city upon whom may be served any notice
  of  violation,  notice to make safe, notice of survey, summons, mandate,
  or any paper or process, issued under a provision of this subchapter  or
  chapter  one  of  title  twenty-seven  of  the  code,  and may file such
  designation, with the written consent of the person so designated,  duly
  acknowledged  in the office of the superintendent. Such designation must
  specify  the  location  of  the  property  with  respect  to  which  the
  designation  is  made, the residence and place of business of the person
  making it and of the person designated. Such designation shall remain in
  force during the period specified therein, if any, or until  revoked  by
  the  death  or legal incompetency of either of the parties, or until the
  filing of a revocation by either of the parties, duly  acknowledged  and
  endorsed,  with  the  consent  of the superintendent. The superintendent
  shall file and index each designation and shall note, upon the  original
  designation and index, the filing of a revocation. While the designation
  remains  in force, as prescribed in this article, a notice of violation,
  notice to make safe, notice of survey, summons, mandate, or any paper or
  process under any provision of this subchapter or chapter one  of  title
  twenty-seven of the code, shall be served upon the person so designated,
  in  like  manner  and  with like effect, as if it were served personally
  upon the person making the designation, even if such person  be  present
  in the city.
    e.  Reimbursement of city for expenses. The expenses and disbursements
  incurred in the  carrying  out  of  any  order  issued  as  provided  in
  subdivisions  a  and  b  of  this  section  shall become a lien upon the
  structure or premises named in the order, from the time of filing  of  a


  copy  of  the  order,  with  a notice of lis pendens as provided in this
  subchapter or chapter one of title twenty-seven  of  the  code,  in  the
  office  of  the  clerk of the county where the property affected by such
  action,  suit  or  proceeding is located; and the supreme court, to whom
  application shall be made, is hereby authorized and  directed  to  grant
  any  of the orders above named, and to take such proceedings as shall be
  necessary to make them effectual, and any justice  to  whom  application
  shall  be made is hereby authorized and directed to enforce such lien in
  accordance with the mechanics' lien laws applicable to the city.