SECTION 1307
Nuisances; abatement expenses; lien and execution
Public Health (PBH) CHAPTER 45, ARTICLE 13, TITLE 1
§ 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.