Section 15-227. Violations; order to vacate building

a. Any building,
  structure, enclosure, vessel, place or  premises  perilous  to  life  or
  property  in  case of fire therein or adjacent thereto, by reason of the
  nature or condition of  its  contents,  its  use,  the  overcrowding  of
  persons  therein,  defects  in its construction, or deficiencies in fire
  alarm, fire extinguishing or fire escape equipment, or by reason of  any
  condition in violation of law, or order of the commissioner, is a public
  nuisance  within  the  meaning  of  the  code  and  the  penal  law. The
  commissioner is empowered to abate any such public nuisance.
    b. In case any order to remedy a condition eminently perilous to  life
  or property issued by the commissioner or the department is not complied
  with,  or the commissioner certifies in writing that an emergency exists
  requiring such action, he or she may order  and  immediately  cause  any
  building  or  structure or part thereof (i) to be vacated; and, also, if
  the commissioner determines such action is necessary to the preservation
  of life and safety, (ii) to be sealed,  secured  and  closed;  provided,
  however,  that  the  commissioner  shall  not order sealed, secured, and
  closed any dwelling unit or other space lawfully  used  for  residential
  purposes.  Upon  the  issuance of an order to seal, secure and close, no
  person shall have access to such premises except as  authorized  by  the
  commissioner.  For  the  purpose  of  this section, "sealed, secured and
  closed" shall mean  the  use  of  any  means  available  to  render  the
  building,  structure  or  part  thereof  inaccessible, including but not
  limited to the use of a padlock or cinder blocks.
    c. All orders issued pursuant to this section shall be posted upon the
  premises. Immediately upon the posting of an order  upon  the  premises,
  officers  and  employees  of  the police department, the department, and
  other authorized officers and employees of the  city  shall  immediately
  act upon and enforce such order. The police department shall provide all
  reasonable  assistance  to  the department and other authorized officers
  and employees necessary to carry out the provisions of this section.  If
  an order issued pursuant to this section is not complied with within the
  time  designated therein, the commissioner, in addition to or in lieu of
  any other remedy or power, may apply to the supreme court, at a  special
  term  thereof,  without  notice,  for  an  order directing him or her to
  vacate and/or seal, secure and close such building  or  premises  or  so
  much  thereof  as  he  or  she  may  deem necessary, and prohibiting and
  enjoining all persons from using or occupying the same for  any  purpose
  until such measures are taken as may be required by such order.
    d.  (i)  Any  order  to seal, secure and close issued pursuant to item
  (ii) of subdivision b of  this  section  shall  contain  notice  of  the
  opportunity  for  a  hearing with respect to such order, to determine if
  the order was properly issued in accordance with the provisions of  this
  section.  Such hearing shall be conducted by the commissioner, or in the
  commissioner's discretion, by the office of  administrative  trials  and
  hearings  or  the environmental control board. If the matter is referred
  to such office or board, the hearing officer shall  submit  his  or  her
  findings  of  fact  and  a recommended decision to the commissioner. The
  hearing shall be held within three business days after  the  receipt  of
  the  written  request  of an owner, lessor, lessee or mortgagee for such
  hearing and the  commissioner  shall  render  a  decision  within  three
  business days after such hearing is concluded.
    (ii)  Any  order  issued  pursuant  to this section shall be served in
  accordance with section 15-224 of the code and, in  addition,  shall  be
  mailed  to the record owner of such premises and any record mortgagee of
  such premises at the address  for  such  person  as  set  forth  in  the
  recorded  instrument  and  to the person designated as owner or agent of
  the building or designated to receive real property tax or  water  bills

  for  the building at the address for such person contained in one of the
  files compiled by the department of  finance  for  the  purpose  of  the
  assessment  or collection of real property taxes and water charges or in
  the  file  compiled  by  the  department  of  finance from real property
  transfer forms filed with the city register upon the sale or transfer of
  real property. A copy shall also be filed with the county clerk  of  the
  county  in  which such premises are located. Such filing shall be notice
  of the order to any subsequent owner and such owner shall be subject  to
  such order.
    e.  An  order  issued  pursuant to this section shall not be rescinded
  unless the owner, lessor, lessee or mortgagee  seeking  such  rescission
  provides assurance, in a form satisfactory to the commissioner, that the
  conditions  which  caused the issuance of such order have been corrected
  and will not reoccur. If such order is rescinded, upon  the  request  of
  the owner, lessor, lessee or mortgagee, the commissioner shall provide a
  certified  copy  of  such rescission, which may be filed with the county
  clerk of the county in which such premises are located.
    f. The commissioner shall give written notice of the  closing  of  any
  building  or structure or part thereof pursuant to this section, and any
  subsequent actions taken with respect thereto, as soon  as  practicable,
  to (i) the borough president of the borough within which the closing has
  occurred; (ii) the council member representing the district within which
  the  closing  has  occurred;  and  (iii)  the  local community board. On
  January first of each year, the commissioner shall submit  a  report  to
  the  council,  setting forth the number of closings made in the previous
  year, the locations of such closings, and the  nature  and  use  of  the
  premises  closed.  The  commissioner  shall,  in  addition,  as  soon as
  practicable after a building, structure or part thereof has been closed,
  make and publish a report of said closing  in  a  manner  calculated  to
  quickly  notify  the local community in which such closing occurred. The
  commissioner shall also make  and  publish  a  report  of  any  premises
  reopened  pursuant  to his or her permission under this section. Failure
  to comply with this subdivision shall not invalidate any action taken by
  the commissioner pursuant to this section.