N.Y. Public Health Law § 1307: Nuisances; abatement expenses; lien and execution

§ 1307. Nuisances; abatement expenses; lien and execution. 1. If

execution upon a judgment for the recovery of the expense of the

suppression or removal of a nuisance or other matter, pursuant to an

order or regulation of any local board of health is returned wholly or

in part unsatisfied, such judgment, if docketed in the place and manner

required by law to make a judgment of a court of record a lien upon real

property, shall be a first lien upon such premises, having preference

over all other liens and encumbrances whatever. Notwithstanding the

foregoing, such lien shall not have preference over any mortgage or

other encumbrance for the benefit of the state of New York or a public

benefit corporation thereof.

2. The board may cause such premises to be sold for a term of time for

the payment and satisfaction of such lien and the expenses of the sale,

provided, however, that where such premises are encumbered by a mortgage

or other encumbrance for the benefit of the state of New York or a

public benefit corporation thereof, the consent of that entity shall

first be obtained.

3. Notice of such sale shall be published for twelve weeks

successively, at least once in each week, in a newspaper of the city,

village or town, or if no newspaper is published therein, in the

newspaper published nearest to such premises. If the owner or occupant

of the premises, or his agent, is known, a copy of such notice shall be

served upon him, either personally, at least fourteen days previous to

the sale, or by mail at least twenty-eight days prior thereto.

4. The premises shall be sold to the person offering to take them for

the shortest time, paying the amount unpaid on such judgment and

interest and the expenses of the notice and sale. A certificate of the

sale, signed and acknowledged by the president and secretary of the

board, shall be made and delivered to the purchaser, and may be recorded

as a conveyance of real property, and the purchaser shall thereupon be

entitled to the immediate possession of such premises, and, if occupied,

may maintain an action or proceeding to recover the possession thereof

against the occupant, as against a tenant of real property holding over

after the expiration of his term; and the cost of any such action or

proceeding, if not paid by the occupant, shall also be a lien upon such

premises, having the same preference as the lien of such judgment, and

the right of the purchaser to such premises shall be extended for a

longer term, which shall bear the same proportion to the original term

as the amount of such costs bears to the amount paid by the purchaser on

such sale.

5. The term of the purchaser at any such sale shall commence when he

shall have acquired possession of the premises sold.

6. At any time within six months after recording such certificate of

sale, the owner of the premises or any lessee, mortgagee or

incumbrancer, thereof, or of any part of the same, may redeem the

premises or any such part from such sale by paying to the purchaser the

amount paid by him on the sale, and all cost and expenses incurred by

him in any action or proceeding to recover possession with interest at

the rate of ten per centum per annum thereon. If redemption is made by

the owner, the right of the purchaser shall be extinguished; if by a

lessee, the amount paid shall be applied as a payment upon any rent due

or which may accrue upon his lease; if by a mortgagee or an

incumbrancer, the amount paid shall be added to his mortgage,

incumbrance or other lien, or if he have more than one to the oldest,

and shall thereafter be a part of such mortgage, lien or incumbrance and

enforceable as such.