2006 New York Code - Nuisances.

 
    §  305.  Nuisances.  1.  The  term  nuisance  shall be held to embrace
  whatever is dangerous to human life or detrimental to health  and  shall
  include  but not be limited to: (a) a public nuisance as known at common
  law, statutory law and in equity jurisprudence, and (b) a dwelling that,
  in violation of this chapter  or  of  any  other  state  or  local  law,
  ordinance  or  regulation,  does  not  have  adequate egress, safeguards
  against fire, adequate  electrical  service,  installation  and  wiring,
  structural   support,   ventilation,   plumbing,  sewerage  or  drainage
  facilities, is overcrowded or inadequately cleaned or  lighted  and  the
  condition  constituting  such  violation  is  dangerous to human life or
  detrimental to health. All such nuisances  are  hereby  declared  to  be
  unlawful.
    2.  Whenever  the  department  shall  declare  that  a  dwelling  is a
  nuisance, it shall serve a notice or order in the manner  prescribed  by
  section   three   hundred  six  of  this  chapter,  reciting  the  facts
  constituting such nuisance, specifying in what respect the  dwelling  is
  dangerous to human life or detrimental to health and requiring the owner
  to  remove such nuisance within thirty days after service of such notice
  or order or such lesser period of time where an emergency exists as  may
  be determined by the department head. Such notice or order shall provide
  that,  if the owner fails to remove such nuisance within such period for
  compliance so prescribed, the department may remove or cause the removal
  of such nuisance by cleansing, repairing, vacating,  demolishing  or  by
  taking  such  other  corrective action deemed necessary and shall notify
  the owner of his right to a hearing as hereinafter provided.
    Wherever such notice is given, the owner may request a hearing  before
  the head of the department charged with enforcement, and a hearing shall
  be given such owner prior to the expiration of the period for compliance
  so prescribed.
    3.  a.  If  such  nuisance is not removed by the owner within the time
  heretofore prescribed  after  service  of  such  notice  or  order,  the
  department  may proceed with the removal of such nuisance as provided in
  the notice or order.
    b. If the owner refuses to permit the department to  remove  or  cause
  the   removal  of  such  nuisance  by  cleansing,  repairing,  vacating,
  demolishing or  by  taking  such  other  corrective  action  as  may  be
  necessary,  or interferes in any way with the department or causes delay
  to the taking of  corrective  action,  the  department  may  cause  such
  dwelling,  in  whole  or in part, to be vacated and sealed up or vacated
  and demolished, but, in such  case,  the  department  shall  commence  a
  special  proceeding  in  the  supreme  court for such relief. During the
  pendency of such proceeding, the department may obtain a temporary order
  for the immediate vacating of such dwelling, upon  proof  of  a  present
  danger  to  human life or detriment to health. In addition to the owner,
  all tenants, mortgagees and lienors of record shall be necessary parties
  to such special proceeding.
    4. a. If the department proceeds to execute a notice or  order  issued
  by  it or by the court for the removal of a nuisance, the department may
  let contracts therefor, in accordance with the provisions of  any  local
  laws,  ordinances,  rules and regulations of the municipality applicable
  to the letting of contracts for municipal improvements.    The  cost  of
  executing  such  notice  or  order  or orders whether or not carried out
  pursuant to court  order  shall  be  met  from  any  appropriation  made
  therefor, or if such appropriation has not been made or is insufficient,
  from  the  proceeds  of  the  sale  of obligations pursuant to the local
  finance law. The department shall keep a  record  of  such  notices  and
  orders  together  with  the  acts done and the items of cost incurred in
  their execution.
    b. The municipality shall  have  a  lien  upon  the  premises  of  the
  dwelling  for  the  cost of executing such notice or order or orders for
  the removal of a nuisance and shall file a notice of such  lien  in  the
  office of the clerk where notices of mechanics' liens are filed; and all
  proceedings  with  respect  to  such lien, its enforcement and discharge
  shall be carried on in the same manner as proceedings  with  respect  to
  mechanics' liens under the lien law.
    c.  Notwithstanding  the foregoing and in addition to any other remedy
  available, the department may maintain an action against  the  owner  to
  recover the cost of executing such notice or order or orders.