2006 New York Code - Corrective Action Pursuant To Court Order.

 
    § 27-2127 Corrective action pursuant to court order. a. The department
  may  elect  to  proceed  to take action to correct violations under this
  article pursuant to a prior court order. If the department so elects, it
  may serve, with any order served pursuant  to  subdivision  a  or  b  of
  section  27-2125  of  this article, a notice that upon failure to comply
  with the order within the stated time the department  may  apply  for  a
  court order directing it to execute the repair order.
    b.  Upon failure to comply with the repair order within the time fixed
  therein, the department may apply to a court of  competent  jurisdiction
  for an order directing the owner and any mortgagees or lienors of record
  to  show  cause why the department should not be directed to execute the
  order, and obtain a lien for the costs of  such  execution  which  shall
  have  priority  over  all  other liens and encumbrances. The application
  shall identify the dwelling, describe  the  violations  covered  by  the
  repair  order,  the  work  required  to  remedy  such  violations and an
  estimate of the cost thereof, and contain proof of service of the repair
  order as required by this section.
    c. The order to show cause shall be served in  the  manner  prescribed
  for  service  of  an order to show cause in a receivership proceeding by
  subdivision c of section 27-2132 of article six of this subchapter.
    d. On the return date  of  the  order  to  show  cause,  determination
  thereof  shall  have  precedence  over every other business of the court
  unless the court shall find that some other pending  proceeding,  having
  similar  statutory preference, has priority. If the court finds that the
  facts stated in the application warrant the granting thereof,  it  shall
  issue an order directing the department to proceed to execute its repair
  order, or such part thereof as remains unexecuted.
    e.  If  the owner or any mortgagee or lienor of record or other person
  having an interest in the property, shall  apply  to  the  court  to  be
  permitted  to  remove  or  remedy the violations specified in the repair
  order and shall: (1) demonstrate the ability promptly to  undertake  the
  work  required; and (2) post security for the performance thereof within
  the time, and in the amount and manner, deemed necessary by  the  court,
  then  the court in lieu of issuing an order as provided in subdivision d
  of this section, may issue an order permitting such  person  to  perform
  the work within a time fixed by the court.
    f.  If,  after  issuance of an order pursuant to subdivision e of this
  section, but before the time fixed in such order for the  completion  of
  the  work prescribed therein, it shall appear to the department that the
  person permitted to do the same is not proceeding  with  due  diligence,
  the  department  may  apply  to the court on notice to those persons who
  have appeared in the hearing under subdivision d of this section  for  a
  hearing  to determine whether an order should be rendered immediately as
  provided in subdivision g of this section.
    g. If, upon a hearing authorized in subdivision f of this section, the
  court shall determine that  such  person  is  not  proceeding  with  due
  diligence,  or  upon  the failure of such person to complete the work in
  accordance with the provisions of said order, the court shall order  the
  department  to  execute  or  complete  the execution of said order. Such
  order shall direct the department to apply the security to the  expenses
  incurred  in  the  execution of the repair order. In the event that such
  security should exceed the amount required  to  remove  or  remedy  such
  violations,  such  order  shall  direct  the department to file with the
  court, upon completion of the work prescribed therein, a full accounting
  of the amount of such security and the  expenditures  made  pursuant  to
  such  order, and to turn over such surplus to the person who posted such
  security, together with a copy of such accounting.