2006 New York Code - Repair Or Removal Under Precept.



 
    §  26-240  Repair  or  removal under precept. a. Execution of precept.
  Upon receiving a precept under the provisions of section 26-239 of  this
  article,  the  superintendent  referred  to  therein  shall  immediately
  proceed to execute such precept, as therein  directed,  and  may  employ
  such labor and assistance and furnish such materials as may be necessary
  for that purpose. A precept requiring that the structure be repaired and
  secured shall include, but not be limited to, shoring and sealing of the
  structure.  Whenever  the  demolition  of  any  structure  or  part of a
  structure is to be carried out pursuant to any  such  precept,  and  the
  superintendent  upon  authorization  by  the  commissioner,  requests of
  either the commissioner  of  citywide  administrative  services  or  the
  commissioner  of  the department of housing preservation and development
  that such structure or part thereof be demolished, such demolition work,
  as so requested, shall be performed by or under  the  direction  of  the
  commissioner  of citywide administrative services in accordance with the
  provisions of subdivisions b and c of section 4-204 of subchapter two of
  this chapter of the code, or by the commissioner of  the  department  of
  housing  preservation  and  development. The owner of such structure, or
  part thereof, or premises, or any party interested therein, if he or she
  applies to the superintendent  immediately  upon  the  issuing  of  such
  precept  and pays all costs and expenses incurred by the city up to that
  time, shall be allowed to perform the requirements of the precept at his
  or her own proper cost and expense, if the  performance  shall  be  done
  immediately and in accordance with the requirements of such precept. The
  superintendent  shall  have  authority to modify the requirements of any
  precept upon application to him or her in writing by the owner  of  such
  structure,  or  part thereof, or premises, or his or her representative,
  or  to  seal  or  shore  the  structure  upon  an  application  by   the
  commissioner   of   housing  preservation  and  development,  when  such
  superintendent shall be satisfied  that  such  change  will  secure  the
  safety of such structure or premises equally well. After a determination
  to  seal  or  shore  the  structure  is  made by the superintendent upon
  application by the commissioner of housing preservation and development,
  written notice of such determination shall be sent by  regular  mail  to
  the owner at his or her last known address. If no action to rehabilitate
  and restore the structure is undertaken within eighteen months following
  the  granting  of  such  application  by  the  commissioner  of  housing
  preservation and development,  which  period  may  be  extended  for  an
  additional six months by the superintendent upon approval of the supreme
  court, the structure may be demolished. The owner shall continue to have
  the  right  during such periods to request the superintendent in writing
  to modify the requirement of the precept.
    b. Interference prohibited.
    1. It shall be unlawful for  any  person  to  interfere,  obstruct  or
  hinder  the  superintendent  or  commissioner of citywide administrative
  services or the commissioner of housing preservation and development  or
  the  representative  of any of them, or any person who, acting under the
  authority  conferred  on  him  or  her   by   such   superintendent   or
  commissioner, is performing the work directed by a precept issued out of
  any  court  as  in  this  article  provided,  or the work ordered by the
  superintendent in accordance with such precept under the  provisions  of
  this subchapter.
    2.  The  police commissioner shall enforce such orders or requirements
  when requested by the superintendent, and shall likewise enforce same at
  the request of the commissioner of citywide administrative  services  or
  the commissioner of housing preservation and development with respect to
  demolition work performed by or under the direction of such commissioner
  pursuant to the provisions of this section.

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