2013 New York Consolidated Laws
PBH - Public Health
Article 13 - NUISANCES AND SANITATION
Title 1 - (1300 - 1310) GENERAL PROVISIONS; CONTROL AND ABATEMENT
1307 - Nuisances; abatement expenses; lien and execution.

 
    §  1307.  Nuisances;  abatement  expenses; lien and execution.   1. If
  execution upon a judgment  for  the  recovery  of  the  expense  of  the
  suppression  or  removal  of  a nuisance or other matter, pursuant to an
  order or regulation of any local board of health is returned  wholly  or
  in  part unsatisfied, such judgment, if docketed in the place and manner
  required by law to make a judgment of a court of record a lien upon real
  property, shall be a first lien upon such  premises,  having  preference
  over  all  other  liens  and  encumbrances whatever. Notwithstanding the
  foregoing, such lien shall not have  preference  over  any  mortgage  or
  other  encumbrance  for the benefit of the state of New York or a public
  benefit corporation thereof.
    2. The board may cause such premises to be sold for a term of time for
  the payment and satisfaction of such lien and the expenses of the  sale,
  provided, however, that where such premises are encumbered by a mortgage
  or  other  encumbrance  for  the  benefit  of the state of New York or a
  public benefit corporation thereof, the consent  of  that  entity  shall
  first be obtained.
    3.   Notice   of  such  sale  shall  be  published  for  twelve  weeks
  successively, at least once in each week, in a newspaper  of  the  city,
  village  or  town,  or  if  no  newspaper  is  published therein, in the
  newspaper published nearest to such premises. If the owner  or  occupant
  of  the premises, or his agent, is known, a copy of such notice shall be
  served upon him, either personally, at least fourteen days  previous  to
  the sale, or by mail at least twenty-eight days prior thereto.
    4.  The premises shall be sold to the person offering to take them for
  the shortest time,  paying  the  amount  unpaid  on  such  judgment  and
  interest  and  the expenses of the notice and sale. A certificate of the
  sale, signed and acknowledged by the  president  and  secretary  of  the
  board, shall be made and delivered to the purchaser, and may be recorded
  as  a  conveyance of real property, and the purchaser shall thereupon be
  entitled to the immediate possession of such premises, and, if occupied,
  may maintain an action or proceeding to recover the  possession  thereof
  against  the occupant, as against a tenant of real property holding over
  after the expiration of his term; and the cost of  any  such  action  or
  proceeding,  if not paid by the occupant, shall also be a lien upon such
  premises, having the same preference as the lien of such  judgment,  and
  the  right  of  the  purchaser  to such premises shall be extended for a
  longer term, which shall bear the same proportion to the  original  term
  as the amount of such costs bears to the amount paid by the purchaser on
  such sale.
    5.  The  term of the purchaser at any such sale shall commence when he
  shall have acquired possession of the premises sold.
    6. At any time within six months after recording such  certificate  of
  sale,   the   owner   of  the  premises  or  any  lessee,  mortgagee  or
  incumbrancer, thereof, or of any  part  of  the  same,  may  redeem  the
  premises  or any such part from such sale by paying to the purchaser the
  amount paid by him on the sale, and all cost and  expenses  incurred  by
  him  in  any action or proceeding to recover possession with interest at
  the rate of ten per centum per annum thereon. If redemption is  made  by
  the  owner,  the  right  of the purchaser shall be extinguished; if by a
  lessee, the amount paid shall be applied as a payment upon any rent  due
  or   which  may  accrue  upon  his  lease;  if  by  a  mortgagee  or  an
  incumbrancer,  the  amount  paid  shall  be  added  to   his   mortgage,
  incumbrance  or  other  lien, or if he have more than one to the oldest,
  and shall thereafter be a part of such mortgage, lien or incumbrance and
  enforceable as such.