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What is NYC AC § 24-317?

Quick Answer

This section establishes that expenses incurred by the Department of Environmental Protection for certain work create a lien on the property where the work was performed. The lien has priority over most other liens, except for tax liens, and is enforceable under specific conditions. Applies to property owners subject to work orders from the department.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 24-317 Lien on premises.

AC § 24-317

a. There shall be filed in the office of the department of environmental protection a record of all work caused to be performed by or on behalf of the department which relates to section 24-316 of this code. Such records shall be kept on a building by building basis and shall be accessible to the public during business hours. Within thirty days after the issuance of an order to shut off a tap, or backfill an excavation, or both, entry of such order shall be made on the records of the department of environmental protection. Such entry shall constitute notice to all parties. b. All expenses incurred by or on behalf of the department for services performed pursuant to section 24-316 of this code shall constitute a lien upon the land and buildings upon or in respect to which, or either of which, the work required by such order has been done, or expenses incurred, when the amount thereof shall have been definitely computed as a statement of account by the department and such department shall cause to be filed in the office of the city collector an entry of the account stated in the book in which such charges against the premises are to be entered. Such lien shall have a priority over all other liens and encumbrances except for the lien of taxes and assessments. However, no lien created pursuant to this section shall be enforced against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of subdivision a of this section are satisfied; this limitation shall only apply to transactions occurring after the date such record should have been entered pursuant to subdivision a and the date such entry was made. c. A notice thereof, stating the amount due and the nature of the charge, shall be mailed by the city collector, within five days after such entry, to the last known address of the person whose name appears on the records in the office of the city collector as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent. d. If such charge is not paid within thirty days from the date of entry, it shall be the duty of the city collector to receive interest thereon at the rate of interest applicable to such property for a delinquent tax on real property, to be calculated to the date of payment from the date of entry. e. Such charge and the interest thereon shall continue to be, until paid, a lien on the premises. Such lien shall be a tax lien within the meaning of sections 11-319 and 11-401 of the code and may be sold, enforced or foreclosed in the manner provided in chapters three and four of title eleven of such code or may be satisfied in accordance with the provisions of section thirteen hundred fifty-four of the real property actions and proceedings law. f. Such notice mailed by the city collector pursuant to this section shall have stamped or printed thereon a reference to this section of the code.

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