Section 27-2140. Content and effect of vacate order  


Latest version.
  • a. An order issued
      pursuant to subdivision b of section 27-2139 of this article  shall  set
      forth the conditions which render the dwelling or part thereof unfit for
      human habitation.
        b.  The order shall require all persons occupying the dwelling or part
      affected to vacate it within a period of time, not less than twenty-four
      hours nor more than ten days, to be stated in the order.
        c. 1. The order shall require that the owner  correct  the  conditions
      which  render  the  dwelling  or part thereof unfit for human habitation
      within a period of time, not to exceed ten days, to  be  stated  in  the
      order.
        2. If the department has not revoked or extended the order pursuant to
      subdivision b of section 27-2142 of this article, where such dwelling is
      a  class  B  multiple  dwelling  or a class A multiple dwelling used for
      single room occupancy pursuant to section two hundred forty-eight of the
      multiple dwelling law, the owner of such dwelling shall be subject to  a
      civil  penalty  of five thousand dollars for each dwelling unit which is
      included in said order. The fine shall be recoverable by the  department
      by civil action in a court of appropriate jurisdiction. Such action must
      be  commenced  or  notice  of  pendency  filed  within  one  year of the
      effective date of the vacate order.
        d. If a vacate order is not complied with within the  time  specified,
      the  department  may  cause  the dwelling or part thereof affected to be
      vacated.
        e. The filing of a vacate order in the office of the county  clerk  in
      the  same  manner  as  a  notice  of  pendency  shall  be  notice to any
      subsequent purchaser, mortgagee or lienor that any lien  resulting  from
      such  vacate  order  shall  be  enforceable  against and superior to the
      rights of such purchaser, mortgagee or lienor.
        f. When the department obtains a determination in an action under this
      article against an owner, judgment may be entered against  the  premises
      which  shall  constitute  a  lien  when a transcript of such judgment is
      filed in the office of the county clerk in the manner prescribed for the
      filing of mechanic's liens and may be enforced against the  premises  as
      such, except that such lien shall have a duration of ten years.