N.Y. Multiple Residence Law § 305: 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.