§ 1307 — Nuisances; abatement expenses; lien and execution

New York § 1307

• Jurisdiction: New York
• Law PBH: Public Health
• Title 1: General Provisions; Control and Abatement
• Art. 13: Nuisances and Sanitation

Text

§ 1307. Nuisances; abatement expenses; lien and execution. 1. If\nexecution upon a judgment for the recovery of the expense of the\nsuppression or removal of a nuisance or other matter, pursuant to an\norder or regulation of any local board of health is returned wholly or\nin part unsatisfied, such judgment, if docketed in the place and manner\nrequired by law to make a judgment of a court of record a lien upon real\nproperty, shall be a first lien upon such premises, having preference\nover all other liens and encumbrances whatever. Notwithstanding the\nforegoing, such lien shall not have preference over any mortgage or\nother encumbrance for the benefit of the state of New York or a public\nbenefit corporation thereof.\n 2. The board may cause such premises to be sold for a term of time for\nthe payment and satisfaction of such lien and the expenses of the sale,\nprovided, however, that where such premises are encumbered by a mortgage\nor other encumbrance for the benefit of the state of New York or a\npublic benefit corporation thereof, the consent of that entity shall\nfirst be obtained.\n 3. Notice of such sale shall be published for twelve weeks\nsuccessively, at least once in each week, in a newspaper of the city,\nvillage or town, or if no newspaper is published therein, in the\nnewspaper published nearest to such premises. If the owner or occupant\nof the premises, or his agent, is known, a copy of such notice shall be\nserved upon him, either personally, at least fourteen days previous to\nthe sale, or by mail at least twenty-eight days prior thereto.\n 4. The premises shall be sold to the person offering to take them for\nthe shortest time, paying the amount unpaid on such judgment and\ninterest and the expenses of the notice and sale. A certificate of the\nsale, signed and acknowledged by the president and secretary of the\nboard, shall be made and delivered to the purchaser, and may be recorded\nas a conveyance of real property, and the purchaser shall thereupon be\nentitled to the immediate possession of such premises, and, if occupied,\nmay maintain an action or proceeding to recover the possession thereof\nagainst the occupant, as against a tenant of real property holding over\nafter the expiration of his term; and the cost of any such action or\nproceeding, if not paid by the occupant, shall also be a lien upon such\npremises, having the same preference as the lien of such judgment, and\nthe right of the purchaser to such premises shall be extended for a\nlonger term, which shall bear the same proportion to the original term\nas the amount of such costs bears to the amount paid by the purchaser on\nsuch sale.\n 5. The term of the purchaser at any such sale shall commence when he\nshall have acquired possession of the premises sold.\n 6. At any time within six months after recording such certificate of\nsale, the owner of the premises or any lessee, mortgagee or\nincumbrancer, thereof, or of any part of the same, may redeem the\npremises or any such part from such sale by paying to the purchaser the\namount paid by him on the sale, and all cost and expenses incurred by\nhim in any action or proceeding to recover possession with interest at\nthe rate of ten per centum per annum thereon. If redemption is made by\nthe owner, the right of the purchaser shall be extinguished; if by a\nlessee, the amount paid shall be applied as a payment upon any rent due\nor which may accrue upon his lease; if by a mortgagee or an\nincumbrancer, the amount paid shall be added to his mortgage,\nincumbrance or other lien, or if he have more than one to the oldest,\nand shall thereafter be a part of such mortgage, lien or incumbrance and\nenforceable as such.\n