Section 26-517.1. Fees  


Latest version.
  • a. The department of finance shall collect from the
      owner  of  each  housing  accommodation  registered  pursuant to section
      26-517 of this law an annual fee in the amount of ten dollars  per  year
      for  each unit subject to this law, in order to defray costs incurred by
      the city pursuant to subdivision c of section  eight  of  the  emergency
      tenant protection act of nineteen hundred seventy-four.
        b. (1) Pursuant to the provisions of subdivision d of section eight of
      the  emergency  tenant  protection  act  of  nineteen  seventy-four, the
      failure to pay the fee imposed by the provisions  of  subdivision  a  of
      this  section shall constitute a charge due and owing the city. All such
      fees due and owing the city shall constitute a debt recoverable from the
      owner and the city may commence an action or proceeding for the recovery
      of such fees or may file a lien  upon  the  building  and  lot.  If  the
      payment  of  such  fees is not received by the city within sixty days of
      the date contained in the written notice requesting  such  payment,  the
      city  shall  provide  a second written notice to the owner setting forth
      the amount of fees due and owing the  city  and  a  demand  for  payment
      within thirty days thereof.
        (2)  If  such  payment  is  not made to the city within such time, all
      unpaid fees shall constitute a lien upon the premises and shall be filed
      in the office of the city collector as an entry of the account stated in
      the book in which such charges against the premises are to  be  entered.
      Such  lien  shall have 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 subdivision against any premises shall be
      enforced against an owner or mortgagee of such premises who acquired  in
      good  faith  an  interest therein subsequent to the period for which the
      fee was imposed but prior to the creation of any such lien.
        (3) A notice pursuant to paragraph one of  this  subdivision,  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 owner or agent.
        (4) 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 same rate as is imposed  on  a  delinquent  tax  on  real
      property,  to  be  calculated  to  the  date of payment from the date of
      entry.
        (5) 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 this  code  and  may  be  sold,
      enforced or foreclosed in the manner provided in chapters three and four
      of title eleven of this code.
        (6)  The  provisions  set  forth in this subdivision shall be the sole
      remedy for the enforcement of this section.
        c. The provisions of subdivision a of this section shall be deemed  to
      have  been  in full force and effect as of April first, nineteen hundred
      eighty-four.
        * NB Expires April 1, 2012