Section 11-1013. Proceeding to recover tax  


Latest version.
  • a. The commissioner of finance
      may issue  a  warrant  directed  to  any  officer  or  employee  of  the
      department  of  finance  commanding him or her to levy upon and sell the
      real and personal property of the person from whom the tax  is  due  for
      the  payment  of  the  amount  thereof,  with penalties, and the cost of
      executing the warrants, and to return such warrant to  the  commissioner
      of  finance  and  to  pay  to  him  or her the money collected by virtue
      thereof, and in the execution thereof such  officer  or  employee  shall
      have  all the powers conferred by law upon sheriffs, but he or she shall
      be entitled to no fee or compensation in excess of the  actual  expenses
      paid  in  the  performance  of  such  duty. If a warrant is returned not
      satisfied in full, the commissioner of finance may  from  time  to  time
      issue  new warrants and shall also have the same remedies to enforce the
      amount due hereunder as if the city had recovered judgment therefor  and
      the  execution  thereon  had  been returned not satisfied. A copy of any
      warrant issued may be filed with the county clerk in any of the counties
      of the city of New York and thereupon such  clerk  shall  enter  in  the
      judgment  docket the name of the person mentioned in the warrant and the
      amount of the tax and penalty for which the warrant is  issued  and  the
      date  when  such  copy is filed. Thereupon the amount of such warrant so
      docketed shall become a lien upon the title to and interest in the  real
      and personal property of the person against whom the warrant is issued.
        b.  As  an  additional or alternate remedy the commissioner of finance
      may request the corporation counsel to bring an action in  the  name  of
      the  city  to  enforce  payment of a tax or penalty which any person has
      failed to pay.
        c. The commissioner of finance, if he or she finds that the  interests
      of the city will not thereby be jeopardized, and upon such conditions as
      the  commissioner  of finance may require, may release any property from
      the lien of any  warrant  or  vacate  such  warrant  for  unpaid  taxes,
      additions to tax, penalties and interest filed pursuant to subdivision a
      of  this  section,  and  such  release or vacating of the warrant may be
      recorded in the office of any recording officer in  which  such  warrant
      has been filed. The clerk shall thereupon cancel and discharge as of the
      original date of docketing the vacated warrant.