5. a. If the department shall desire that a receiver be appointed as
herein after provided to remove or remedy a nuisance described in
paragraph e of subdivision one of this section and that such receiver
shall obtain a lien for costs incurred in connection therewith in favor
of the department of real estate, which shall have the priority with
respect to existing mortgages or liens provided in paragraph e of this
subdivision, it shall within five days after the service of the order
upon the owner serve a copy of such order upon every mortgagee and
lienor of record personally or by registered mail, return receipt
requested, at the address set forth in the recorded mortgage or lien.
Appended to the copy of such order shall be a notice addressed to such
mortgagee and lienor stating that in the event the nuisance is not
removed or remedied in the manner and within the time specified in the
order, the department may apply to the supreme court, or to the housing
part of the New York city civil court, if the premises are located in
the city of New York, or, to the district court, if the premises are
located in whole or in part within a district of the court, or, to the
city court of a city outside the city of New York, if the premises are
located in whole or in part within such city, for an order to show cause
why a receiver of the rents, issues and profits of the property shall
not be appointed with rights therein superior to those of such owner,
mortgagee or lienor.
b. The department shall file a copy of such notice and order in the
office of the county clerk in which mechanics liens affecting the
property would be filed.