§ 305 — Nuisances

New York § 305

• Jurisdiction: New York
• Law MRE: Multiple Residence
• Art. 8: Requirements and Remedies

Text

§ 305. Nuisances. 1. The term nuisance shall be held to embrace\nwhatever is dangerous to human life or detrimental to health and shall\ninclude but not be limited to: (a) a public nuisance as known at common\nlaw, statutory law and in equity jurisprudence, and (b) a dwelling that,\nin violation of this chapter or of any other state or local law,\nordinance or regulation, does not have adequate egress, safeguards\nagainst fire, adequate electrical service, installation and wiring,\nstructural support, ventilation, plumbing, sewerage or drainage\nfacilities, is overcrowded or inadequately cleaned or lighted and the\ncondition constituting such violation is dangerous to human life or\ndetrimental to health. All such nuisances are hereby declared to be\nunlawful.\n 2. Whenever the department shall declare that a dwelling is a\nnuisance, it shall serve a notice or order in the manner prescribed by\nsection three hundred six of this chapter, reciting the facts\nconstituting such nuisance, specifying in what respect the dwelling is\ndangerous to human life or detrimental to health and requiring the owner\nto remove such nuisance within thirty days after service of such notice\nor order or such lesser period of time where an emergency exists as may\nbe determined by the department head. Such notice or order shall provide\nthat, if the owner fails to remove such nuisance within such period for\ncompliance so prescribed, the department may remove or cause the removal\nof such nuisance by cleansing, repairing, vacating, demolishing or by\ntaking such other corrective action deemed necessary and shall notify\nthe owner of his right to a hearing as hereinafter provided.\n Wherever such notice is given, the owner may request a hearing before\nthe head of the department charged with enforcement, and a hearing shall\nbe given such owner prior to the expiration of the period for compliance\nso prescribed.\n 3. a. If such nuisance is not removed by the owner within the time\nheretofore prescribed after service of such notice or order, the\ndepartment may proceed with the removal of such nuisance as provided in\nthe notice or order.\n b. If the owner refuses to permit the department to remove or cause\nthe removal of such nuisance by cleansing, repairing, vacating,\ndemolishing or by taking such other corrective action as may be\nnecessary, or interferes in any way with the department or causes delay\nto the taking of corrective action, the department may cause such\ndwelling, in whole or in part, to be vacated and sealed up or vacated\nand demolished, but, in such case, the department shall commence a\nspecial proceeding in the supreme court for such relief. During the\npendency of such proceeding, the department may obtain a temporary order\nfor the immediate vacating of such dwelling, upon proof of a present\ndanger to human life or detriment to health. In addition to the owner,\nall tenants, mortgagees and lienors of record shall be necessary parties\nto such special proceeding.\n 4. a. If the department proceeds to execute a notice or order issued\nby it or by the court for the removal of a nuisance, the department may\nlet contracts therefor, in accordance with the provisions of any local\nlaws, ordinances, rules and regulations of the municipality applicable\nto the letting of contracts for municipal improvements. The cost of\nexecuting such notice or order or orders whether or not carried out\npursuant to court order shall be met from any appropriation made\ntherefor, or if such appropriation has not been made or is insufficient,\nfrom the proceeds of the sale of obligations pursuant to the local\nfinance law. The department shall keep a record of such notices and\norders together with the acts done and the items of cost incurred in\ntheir execution.\n b. The municipality shall have a lien upon the premises of the\ndwelling for the cost of executing such notice or order or orders for\nthe removal of a nuisance and shall file a notice of such lien in the\noffice of the clerk where notices of mechanics' liens are filed; and all\nproceedings with respect to such lien, its enforcement and discharge\nshall be carried on in the same manner as proceedings with respect to\nmechanics' liens under the lien law.\n c. Notwithstanding the foregoing and in addition to any other remedy\navailable, the department may maintain an action against the owner to\nrecover the cost of executing such notice or order or orders.\n