Section 27-2144. Lien on premises  


Latest version.
  • a. There shall be filed in the office of
      the department a record of all work caused to  be  performed  by  or  on
      behalf   of   the   department.   Such   records  shall  be  kept  on  a
      building-by-building basis and shall be accessible to the public  during
      business  hours.  Such record may be made and maintained electronically.
      Within thirty days after the issuance of a purchase  or  work  order  to
      cause  a  repair  to be made by or on behalf of the department, entry of
      such order shall be made on the records of the department.  Such  record
      may  be  made and maintained electronically. Such record shall be deemed
      to be entered on the date that such record is entered electronically  on
      the records of the department. Such entry shall constitute notice to all
      parties.
        b.  All  expenses  incurred  by  the  department for the repair or the
      elimination of any dangerous or unlawful conditions therein, pursuant to
      this chapter or any other applicable provision of law, shall  constitute
      a  lien  upon  the  premises when such charge is due and payable, which,
      notwithstanding any other provision of law, shall be the due and payable
      date for such  charge  provided  on  the  second  statement  of  account
      containing  such  charge. 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 chapter shall be
      enforced against a subsequent purchaser in good faith  or  mortgagee  in
      good  faith unless the requirements of subdivision a of this section are
      satisfied; this limitation shall only apply  to  transactions  occurring
      after  the  date  such  record  should  have  been  entered  pursuant to
      subdivision a and the date such entry was made.
        c. A notice thereof, stating the amount due  and  the  nature  of  the
      charge,  shall  be  sent by the department of finance in accordance with
      section 11-129 of the administrative code, and such charge shall be  due
      and  payable, notwithstanding any other provision of law, on the due and
      payable date provided on the second statement of account containing such
      charge.
        d. If such charge is not paid by the date when such charge is due  and
      payable  in  accordance  with subdivision c of this section, it shall be
      the duty of the department of finance to receive interest thereon at the
      rate of seven percent per annum, to be calculated to the date of payment
      from the due and payable date.
        e. 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 the administrative code and may
      be sold, enforced or foreclosed in the manner provided in chapters three
      and four of title eleven of the administrative code or may be  satisfied
      in accordance with the provisions of section thirteen hundred fifty-four
      of the real property actions and proceedings law.
        f.  Any  statement  sent by the department of finance pursuant to this
      section shall have included thereon a reference to article eight of this
      subchapter.