Section 306. Judicial procedure and orders  


Latest version.
  • 1. In case any multiple dwelling
      or  structure  or any part thereof or the lot on which it is situated is
      constructed, altered,  converted  or  maintained  in  violation  of  any
      provision  of  this chapter or of any order or notice of the department,
      or in case a nuisance exists in any such dwelling or structure  or  part
      thereof  or  upon  the  lot  on which it is situated, the department may
      institute any appropriate action or proceeding to prevent such  unlawful
      construction,   alteration,  conversion  or  maintenance,  to  restrain,
      correct or abate such violation or nuisance, to prevent  the  occupation
      of  said  dwelling  or  structure or any part thereof, or to prevent any
      illegal act, conduct or business in or about such dwelling, structure or
      lot.
        2. In any such action or proceeding the department may,  by  affidavit
      setting  forth  the facts, apply to the supreme court, or to any justice
      thereof, or, if the premises in respect to which the action  is  brought
      are  situated in the city of New York, to the New York city civil court,
      or, if the premises in respect  to  which  the  action  is  brought  are
      situated  in  whole  or  in  part within a district of the court, to the
      district court, or, if the premises in respect to which  the  action  is
      brought  are  situated  in whole or in part within a city outside of the
      city of New York, to the city court of such city, for:
        a. An order granting the relief for which said action or proceeding is
      brought, or enjoining all persons from doing or permitting  to  be  done
      any  work  in  or  about  such  dwelling,  structure  or lot or any part
      thereof, or from occupying or using the same for any purpose, until  the
      entry of final judgment or order.
        b.  An  order  authorizing the department to execute and carry out the
      provisions of any notice or order which is issued by the department  and
      not  complied  with, to remove any violation specified in such notice or
      order, or to abate any nuisance in or about such dwelling, structure  or
      lot.
        3.  In  an  action to establish a lien under this chapter, the service
      and procedure, except as otherwise provided  in  section  three  hundred
      nine,  shall  be  as  set forth in sections three hundred twenty-six and
      three hundred fifty-six to three hundred sixty, both inclusive.
        4. The judgment in any such action may provide for the sale at  public
      auction  of the property affected, and for such other remedies to secure
      the enforcement thereof as the court may deem proper.
        5. The court or any justice thereof is authorized to  make  any  order
      specified in this section.
        6.  In  no  case  shall  the city, or the department or any officer or
      employee thereof, be liable for costs in any action or  proceeding  that
      may be commenced pursuant to this chapter.