f. If any order of the department is not complied with or not so far
complied with as the department may regard as reasonable, within the
time therein designated, then such order may be executed by the
department, its agents or contractors, or, as an alternative, if the
multiple dwelling involved shall have been declared to be a public
nuisance pursuant to paragraph b of subdivision one of section three
hundred nine of this chapter and such declaration shall have been filed
as therein provided, the department or a receiver appointed pursuant to
subdivision five of this section or any tenant of such multiple dwelling
may institute and maintain an action in the supreme court in the county
where the multiple dwelling is located, or in the housing part of the
New York city civil court, if the multiple dwelling is located in the
city of New York, against any owner or owners to whom the order was
issued pursuant to paragraph e of subdivision one of this section for an
order compelling such owner of owners to comply with the department's
order and, if such action be brought by such receiver or tenant, for
payment of the costs and disbursements of the action including legal
fees. Except as owners may have otherwise agreed, any owner who removes
or remedies the nuisance in compliance with an order of the department
or court shall de entitled to recover a proportionate share of the total
expense of such compliance from all other owners to whom the
department's order was issued or to whom such owner sent a copy of the
department's order within thirty days of receipt of same by registered
mail.