N.Y. General City Law art. 2-D, § 72: Collection, levy and liens

§ 72. Collection, levy and liens.--(a) Collection procedures.--The

taxes imposed by this local law shall be collected by the administrator,

and he may establish the mode or time for the collection of any amount

due him under this local law if not otherwise specified. The

administrator shall, upon request, give a receipt for any sum collected

under this local law. The administrator may authorize banks or trust

companies which are depositories or financial agents of the city to

receive and give a receipt for any tax imposed under this local law in

such manner, at such times, and under such conditions as the

administrator may prescribe; and the administrator shall prescribe the

manner, times and conditions under which the receipt of such tax by such

banks and trust companies is to be treated as payment of such tax to the

administrator.

(b) Notice and demand for tax.--The administrator shall as soon as

practicable give notice to each person liable for any amount of tax,

addition to tax, penalty or interest, which has been assessed but

remains unpaid, stating the amount and demanding payment thereof. Such

notice shall be left at the dwelling or usual place of business of such

person or shall be sent by mail to such person's last known address.

Except where the administrator determines that collection would be

jeopardized by delay, if any tax is assessed prior to the last date

(including any date fixed by extension) prescribed for payment of such

tax, payment of such tax shall not be demanded until after such date.

(c) Issuance of warrant after notice and demand.--If any person liable

under this local law for the payment of any tax, addition to tax,

penalty or interest neglects or refuses to pay the same within ten days

after notice and demand therefor is given to such person under

subdivision (b), the administrator may within six years after the date

of such assessment issue a warrant directed to the sheriff of any county

of the state, or to any officer or employee of the department, bureau or

other agency of the city administering the tax imposed under this local

law under the direction and supervision of the administrator, commanding

him to levy upon and sell such person's real and personal property for

the payment of the amount assessed, with the cost of executing the

warrant, and to return such warrant to the administrator and pay to him

the money collected by virtue thereof within sixty days after the

receipt of the warrant. If the administrator finds that the collection

of tax or other amount is in jeopardy, notice and demand for immediate

payment of such tax may be made by the administrator and upon failure or

refusal to pay such tax or other amount the administrator may issue a

warrant without regard to the ten-day period provided in this

subdivision.

(d) Copy of warrant to be filed and lien to be created.--Any sheriff

or officer or employee who receives a warrant under subdivision (c)

shall within five days thereafter file a copy with the clerk of the

appropriate county. The clerk shall thereupon enter in the judgment

docket, in the column for judgment debtors, the name of the taxpayer

mentioned in the warrant, and in appropriate columns the tax or other

amounts for which the warrant is issued and the date when such copy is

filed; and such amount shall thereupon be a binding lien upon the real,

personal and other property of the taxpayer.

(e) Judgment.--When a warrant has been filed with the county clerk the

administrator shall, on behalf of the city, be deemed to have obtained

judgment against the taxpayer for the tax or other amounts.

(f) Execution.--The sheriff or officer or employee shall thereupon

proceed upon the judgment in all respects, with like effect, and in the

same manner prescribed by law in respect to executions issued against

property upon judgments of a court of record, and a sheriff shall be

entitled to the same fees for his services in executing the warrant, to

be collected in the same manner. An officer or employee of the

department, bureau or other agency of the city administering the tax

imposed under this local law under the direction and supervision of the

administrator may proceed in any county or counties of this state and

shall have all the powers of execution conferred by law upon sheriffs,

but shall be entitled to no fee or compensation in excess of actual

expenses paid in connection with the execution of the warrant.

(g) Taxpayer not then a resident.--Where a notice and demand under

subdivision (b) shall have been given to a taxpayer who is not then a

resident of this state, and it appears to the administrator that it is

not practicable to find in this state property of the taxpayer

sufficient to pay the entire balance of tax or other amount owing by

such taxpayer who is not then a resident of this state, the

administrator may, in accordance with subdivision (c), issue a warrant

directed to an officer or employee of the department, bureau or other

agency of the city administering the tax imposed under this local law, a

copy of which warrant shall be mailed by certified or registered mail to

the taxpayer at his last known address, subject to the rules for mailing

provided in subdivision (a) of section seventy-one. Such warrant shall

command the officer or employee to proceed in the city, and he shall,

within five days after receipt of the warrant, file the warrant and

obtain a judgment in accordance with this section. Thereupon the

administrator may authorize the institution of any action or proceeding

to collect or enforce the judgment in any place and by any procedure

where and by which a civil judgment of the supreme court of the state of

New York could be collected or enforced. The administrator may also, in

his discretion, designate agents or retain counsel for the purpose of

collecting, outside the state of New York, any unpaid taxes, additions

to tax, penalties or interest which have been assessed under this local

law against taxpayers who are not then residents of this state, may fix

the compensation of such agents and counsel to be paid out of money

appropriated or otherwise lawfully available for payment thereof, and

may require of them bonds or other security for the faithful performance

of their duties, in such form and in such amount as the administrator

shall deem proper and sufficient.

(h) Action by the city for recovery of taxes.--Action may be brought

by the corporation counsel or other appropriate officer of the city at

the insistence of the administrator to recover the amount of any unpaid

taxes, additions to tax, penalties or interest which have been assessed

under this local law within six years prior to the date the action is

commenced.

(i) Release of lien.--The administrator, if he finds that the

interests of the city will not thereby be jeopardized, and upon such

conditions as he may require, may release any property from the lien of

any warrant for unpaid taxes, additions to tax, penalties and interest

filed pursuant to this section, and such release may be recorded in the

office of any recording officer in which such warrant has been filed.