Section 19-133. Removal of unauthorized projections and encroachments  


Latest version.
  • a. The
      commissioner may serve an order upon the owner of any premises requiring
      such   owner   to   remove  or  alter  any  unauthorized  projection  or
      encroachment, on or in front of his premises,  within  a  period  to  be
      specified  in  such  order. Such order shall be served personally, or by
      leaving it at the house or place of business of the owner,  occupant  or
      person  having  charge  of  the  house  or  lot  in  front  of which the
      projection or encroachment may be, or by posting such order thereon.
        b. At any time after the expiration of the  time  specified  for  that
      purpose  in the order, if such encroachment or projection shall not then
      have been removed or altered, the commissioner may remove  or  alter  or
      cause  such  encroachment  or projection to be removed or altered at the
      expense of the owner or constructor thereof, who shall be liable to  the
      city  for  all expenses that it may incur by such removal or alteration,
      together with the  penalties  prescribed  by  this  subchapter  for  the
      violation of such order, to be recovered with costs of suit.
        c.  1.  In  addition to any other remedies or penalties, whenever such
      removal,  alteration,  repair  and  restoration  is  undertaken  by  the
      commissioner  he  or she may certify separately the costs and expense of
      such removal, alteration, repair and restoration to the commissioner  of
      finance.  The commissioner of finance shall, upon the certificate of the
      commissioner, charge the amount of such costs and expenses  against  the
      property  upon  and  with respect to which the work was performed. Every
      such charge shall be a lien upon the property or premises in respect  to
      which the same shall have been made, which lien shall have priority over
      all  other liens and incumbrances except taxes and assessments for other
      public or local improvements, sewer rents, water rents and  interest  or
      penalty  thereon  levied  or charged pursuant to law. Such lien shall be
      enforced in  all  respects  in  the  manner  provided  by  law  for  the
      enforcement  of liens of taxes, assessments, sewer rents and water rents
      and interest or penalties thereon.
        2. As an alternative to the remedy prescribed in paragraph one of this
      subdivision, the commissioner may in his or  her  discretion  institute,
      through the corporation counsel, any appropriate action or proceeding at
      law  against  such  owner  for the recovery of the costs and expenses of
      such removal, alteration, repair  and  restoration,  undertaken  by  the
      commissioner, as provided herein.