Section 22-121. Maintenance of a drift- and debris-free harbor

a. As used in
  this section the following terms shall have the following meanings:
    1. "Debris" means any substance or material, whether on land or water,
  which is capable of becoming drift.
    2.  "Drift"  means  any substance or material, floatable or otherwise,
  which may cause damage to any vessel or craft  or  which  may  otherwise
  obstruct,  impede  or  endanger  the navigable capacity of the navigable
  waters of the city or cause any other condition hazardous to the life or
  safety of persons using such waters, including but not limited to piles,
  lumber, timber, driftwood, dirt,  ashes,  cinders,  mud,  sand,  dredged
  materials, or refuse of any kind.
    3.  "Navigable  waters"  means  the  waterways  which  are  capable of
  carrying commerce, and the tributaries thereto, within the  geographical
  limits of the city.
    4. "Owner" means a person having title to any premises or structure; a
  tenant,  lessee  or  occupant;  a  mortgagee  or vendee in possession; a
  trustee in bankruptcy; a receiver  or  any  other  person  having  legal
  ownership or control of any premises or structure.
    5.  "Premises"  means any land or land under water and improvements or
  appurtenances or any part thereof  including  but  not  limited  to  any
  structure.
    6.  "Structure"  means anything built or constructed including but not
  limited to a building, wharf, pier,  dolphin,  boom,  weir,  breakwater,
  bulkhead, jetty, derelict vessel, ship, barge, raft or floating craft of
  any kind.
    b.  Whenever  the  commissioner  determines  that material of any kind
  placed or deposited on any premises located on or along  the  shores  or
  banks  of  any  navigable  water  may  be or become a source of drift or
  debris liable to be washed  into  such  navigable  water  by  any  cause
  whatsoever   or  that  because  of  the  deteriorated  or  deteriorating
  condition of any premises or structure located on or along the banks  or
  shores  of  any  navigable  water  such  premises or structure may be or
  become a source of drift or debris liable to be washed into  such  water
  by  any cause whatsoever and thereby cause damage to vessels or craft or
  otherwise obstruct, impede or endanger the navigable  capacity  of  such
  water  or  cause  any other condition hazardous to the life or safety of
  persons using such water, the commissioner may declare the same to be  a
  public  nuisance  and  order  the owner of such premises or structure to
  remove, repair, reconstruct, alter or  abate  it  as  such  order  shall
  specify.  It  shall  be the duty of an owner upon whom such an order has
  been served to remove, repair, reconstruct, alter or abate  such  public
  nuisance in the manner and in the time provided by such order.
    c. 1. An order of the commissioner issued pursuant to subdivision b of
  this  section  shall  specify  the  work to be performed and shall fix a
  reasonable time for compliance but not less than thirty  days  from  the
  date of service of such order. Such order shall contain a statement that
  upon  the  failure  of the owner to comply with the commissioner's order
  within the stated time, the department may perform the work specified in
  the order or apply for a court order directing the owner to comply  with
  the commissioner's order or directing the department to perform the work
  specified  in  the  commissioner's  order.  Such  statement  shall  also
  indicate that if the department performs any of the  work  specified  in
  the  commissioner's  order,  the  expense  incurred by the department in
  performing such work shall be a debt recoverable from the  owner  and  a
  lien on the premises with respect to which such order was issued.
    2. Service of such order shall be made upon the owner personally or by
  certified  mail addressed to the last known address of such person or in
  any manner provided for service of process by article three of the civil

  practice law and rules. The commisssioner may serve a copy of such order
  on any mortgagee or lienor of record in the same manner.
    3. A copy of such order shall be filed with the office of the register
  in the county in which the premises with respect to which such order was
  issued are situated.
    4.  Within thirty days after service of such order upon an owner, such
  owner or a mortgagee or lienor upon whom a copy of such order  has  been
  served  may  request  a  hearing.  At  such hearing such person shall be
  entitled to be represented by  counsel  and  to  present  evidence.  The
  commissioner may affirm, modify or revoke the order.
    d.  If  the owner fails to comply with the commissioner's order within
  the time fixed for compliance pursuant to subdivision c of this section,
  the department may perform the work specified in the order.
    e. As an alternative to the remedy set forth in subdivision d of  this
  section,  if  an  owner  fails  to  comply with the commissioner's order
  within the time fixed for compliance pursuant to subdivision c  of  this
  section,   the   commissioner  may  apply  to  any  court  of  competent
  jurisdiction, upon such notice and in such manner  as  the  court  shall
  direct,   for   an   order  directing  the  owner  to  comply  with  the
  commissioner's order or directing the department  to  perform  the  work
  specified in the commissioner's order.
    f. The procedures set forth in subdivisions c, d and e shall not apply
  to the abatement of a nuisance with respect to any structure not affixed
  to  real  property,  including  but  not limited to any derelict vessel,
  ship, barge, raft or floating craft of any kind. The commissioner  shall
  provide  for the abatement of a nuisance with respect to such structures
  pursuant to the procedures set forth  in  sections  22-109,  22-110  and
  22-111 of this subchapter.
    g. 1. The expense of the department with respect to any work performed
  by  or  on  behalf of the department pursuant to subdivisions d and e of
  this section shall be a debt recoverable from the owner and a lien  upon
  the premises with respect to which such work was performed.
    2.  The  department shall keep a record of all work performed by or on
  behalf of the department. Such records shall be accessible to the public
  during business hours. Within  thirty  days  after  the  issuance  of  a
  purchase or work order for such work, such order shall be entered on the
  records  of  the  department.  Such entry shall constitute notice to all
  parties.
    3. All such expenses shall constitute a lien upon  the  premises  when
  the amount thereof shall have been definitely computed as a statement of
  account  by the department and the 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 on  the
  premises  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  such
  transaction occurred after the date of entry of a purchase or work order
  on the records of the department  pursuant  to  paragraph  two  of  this
  subdivision.
    4.  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. Such notice shall have stamped or printed thereon a reference  to
  this section.

    5.  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.
    6.  Such  charge  and the interest thereon shall continue to be, until
  paid, a lien on the premises. Such charge and interest may be  collected
  and the lien thereof may be foreclosed in the manner provided by law for
  the  collection  and foreclosure of taxes, sewer rents, sewer surcharges
  and water charges due and payable to the  city  and  the  provisions  of
  chapter four of title eleven of the code shall apply to such charges and
  the interest thereon and the lien thereof.
    7.  (1)  In  any  proceedings  to  enforce  or discharge the lien, the
  validity of the lien shall not be subject to challenge based on (i)  the
  lawfulness  of  the work done; or (ii) the propriety and accuracy of the
  items of expenses for which a lien is claimed,  except  as  provided  in
  this paragraph.
    (2)  No  such  challenge  may  be  made except by (a) the owner of the
  property, or (b) a mortgagee or lienor whose mortgage or lien would  but
  for  the  provisions of this section have priority over the department's
  lien.
    (3) An issue specified in subparagraph one which was decided or  could
  have  been contested in a prior court proceeding to secure a court order
  pursuant to  subdivision  e  of  this  section  shall  not  be  open  to
  re-examination,  but if any mortgagee or lienor of record was not served
  with  an  order  of  the  commissioner  pursuant  to  paragraph  two  of
  subdivision c and with notice of such proceeding, his or her mortgage or
  lien  shall  have the same priority over the lien of the department that
  it would have had but for the provisions of this section.
    8. In addition to establishing a lien, the department may recover such
  expenses and interest by bringing  an  action  against  the  owner.  The
  institution  of such action shall not suspend or bar the right to pursue
  any other remedy provided by law for the recovery of such debt.