State Codes and Statutes

Statutes > New-york > Mdw > Article-8 > 306

§ 306. Judicial procedure and orders. 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.

State Codes and Statutes

Statutes > New-york > Mdw > Article-8 > 306

§ 306. Judicial procedure and orders. 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Mdw > Article-8 > 306

§ 306. Judicial procedure and orders. 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.