Section 1971. Certification of abandonment

1. The department may make a
  finding that a dwelling is abandoned if:
    (a) In the case of an occupied dwelling, the owner has  failed  for  a
  period of at least three consecutive months either to collect rent or to
  institute summary proceedings for nonpayment of rent, and the department
  finds that the dwelling has become a danger to life, health or safety as
  a  result  of  the  owner's failure to assume his responsibility for its
  condition. Such failure may be shown by such facts as an owner's failure
  to provide services including, but not limited to, the failure  to  make
  repairs,  supply  janitorial  service,  purchase  fuel  or  other needed
  supplies, or pay utility bills.  The  appointment  of  an  administrator
  pursuant  to  article  seven-A  of  this  chapter  shall not prevent the
  department from making a finding that a dwelling is abandoned; or
    (b) In the case of a vacant dwelling, it is not sealed or continuously
  guarded as required by law or it was sealed or is  continuously  guarded
  by  a person other than the owner, a mortgagee, lienor or agent thereof,
  and either of the following facts exists:
    (i) A vacate order of the  department  or  other  governmental  agency
  currently prohibits occupancy of the dwelling; or
    (ii)  The tax on such premises has been due and unpaid for a period of
  at least one year; or
    (c) In the case of a building for  which  an  administrator  has  been
  appointed pursuant to article seven-A of this chapter.
    (i)  no motion for the termination of the judgment entered pursuant to
  article seven-A of this chapter  has  been  granted  by  the  appointing
  court;
    (ii) no mortgagee or lienor has commenced foreclosure proceedings; and
    (iii) at least six months have passed since the granting of a judgment
  appointing an administrator pursuant to article seven-A of this chapter.
    2.  When  the department finds that a dwelling is abandoned within the
  meaning of this article, it shall make and  file  among  its  records  a
  certification  containing  such  finding  and  the  facts on which it is
  based. Further,  it  shall  immediately  affix  to  the  dwelling  in  a
  prominent  and conspicuous location, a notice that the building has been
  found to be an abandoned building and that it is a crime to take, remove
  or otherwise damage any fixture or part of the building structure.