NY Pub Health L § 1307 (2021)
2021 New York Laws PBH - Public Health Article 13 - Nuisances and Sanitation Title 1 - General Provisions; Control and Abatement 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.