2006 New York Code - Lien For Emergency Response Costs.

 
    §  24-605  Lien for emergency response costs. a. All costs incurred by
  the city, including but not limited to the costs of the  departments  of
  environmental protection, health and sanitation, and the police and fire
  departments,  for response measures implemented pursuant to this chapter
  or any other applicable provision of law shall  be  a  debt  recoverable
  from  each responsible person and a lien upon the real property of or at
  which an owner, operator, lessee, occupant or tenant  is  a  responsible
  person and at which such response measures were implemented.
    b.  The  mayor  shall  designate  the  agency  or agencies which shall
  receive for filing the certificate of expenses  prepared  in  accordance
  with  section 24-606 and shall keep a record of all such costs incurred.
  Such records shall be accessible to the public  during  business  hours.
  Within  thirty  days  after the issuance of a purchase or work order for
  any response measure such order shall be entered on the records  of  the
  designated  agency or agencies. All such records shall constitute notice
  to all parties.
    c. Any lien imposed by this section shall arise at the  later  of  the
  following:
    (1)  the  time  that  the amount of any costs incurred by the city for
  response measures shall have been definitely computed as a statement  of
  account  and  an  agency  designated  pursuant  to subdivision b of this
  section has caused to be filed in the office of the city collector:  (i)
  an entry of the account stated in the book in which such charges against
  the  property  are  to  be  entered,  and  (ii) copies of any notices of
  potential liability for such costs and  statements  reciting  the  dates
  such notices were mailed, received pursuant to section 24-606; and
    (2)  the third day after a responsible person, who is an owner of real
  property at which the  response  measures  were  implemented  and  whose
  liability  for any costs incurred by the city for such response measures
  authorizes the imposition of a lien in accordance with subdivision a  of
  this  section,  is  sent  by both certified or registered mail and first
  class mail notice of such person's potential liability for  such  costs.
  Such  notice may be provided prior to the mailing of the notice pursuant
  to subdivision d of this section, but any notice  provided  pursuant  to
  subparagraph  (ii)  of  paragraph two of subdivision a of section 24-610
  shall not be deemed to be notice of such person's  potential  liability,
  unless  such person's potential liability is specifically referred to in
  such notice.
    d. A notice stating the amount due and the nature of the  costs  shall
  be sent by both certified or registered mail and first class mail by the
  city  collector  within five days after such entry pursuant to paragraph
  one of subdivision c of this section to the last known  address  of  the
  person  whose  name  appears  on  the  records in the office of the city
  collector as being the owner or agent or as the person designated by the
  owner to receive tax bills or, where no name appears, to  the  property,
  addressed  to  either  the  owner  or  the agent. Such notice shall have
  stamped or printed thereon a reference  to  this  section.  Such  notice
  shall  constitute  notice  of  the potential liability of such owner for
  such costs for purposes of  paragraph  two  of  subdivision  c  of  this
  section, where no prior notice of potential liability for such costs has
  been sent.
    e.  The  city  collector  shall  maintain  copies  of  any  notices of
  potential liability for the costs of response  measures,  together  with
  statements  indicating  the dates such notices were mailed, filed by any
  agency designated pursuant to subdivision b of this section, and  copies
  of  any notices sent pursuant to subdivision d of this section, together
  with statements reciting the dates such notices were mailed.


    f. If such costs are not paid within thirty days from  the  date  that
  notice  is  sent  pursuant to subdivision d of this section, it shall be
  the duty of the city collector to receive interest thereon at  the  rate
  of  interest  applicable  to  such property for a delinquent tax on real
  property to be calculated to the date of payment from the date of entry.
    g.  Such  costs  and  the interest thereon shall continue to be, until
  paid, a lien on the property. Such lien may be satisfied  in  accordance
  with  the  provisions of section thirteen hundred fifty-four of the real
  property actions and proceedings law.
    h. Any lien imposed by this section shall be subject to the rights  of
  any mortgagee or lienor whose interest is perfected before notice of the
  lien  has been filed in the office of the city collector, as provided in
  subdivision c of this section. Any such mortgagee  or  lienor  shall  be
  afforded  the  same  protections against such lien as afforded under law
  against a judgment lien which arises out of an unsecured obligation  and
  which  arises  as  of  the  time of the filing of the notice of the lien
  imposed by this section.
    i. (1) In any proceedings  to  enforce  or  discharge  the  lien,  the
  validity  of the lien shall not be subject to challenge based on (i) the
  lawfulness of the response measure implemented; or  (ii)  the  propriety
  and  accuracy  of  the  items  of  expenses for which a lien is claimed,
  except as provided in this subdivision.
    (2) No such challenge may be made except by the owner of the property.
    (3) An issue specified in paragraph one which  was  decided  or  could
  have  been  contested in a prior court proceeding or action shall not be
  open to re-examination.
    (4) With respect to any issue  specified  in  paragraph  one  of  this
  subdivision  the  certificate  filed pursuant to section 24-606 shall be
  presumptive evidence of the facts stated therein.
    j. In addition to establishing a lien, the city may recover such costs
  and interest thereon by  bringing  an  action  against  the  responsible
  person.  The  institution  of  such  action shall not suspend or bar the
  right to pursue any other lawful remedy for the recovery of such costs.