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.