Sec.
[D26-53.01] 27-2120 Injunctions; mandatory and
prohibitory
The department
may institute an action in a court of competent jurisdiction for an order requiring
the owner of property or other responsible person to abate or correct any violation
of this code, or to comply with an order or notice of the department, or for
such other relief as may he appropriate to secure continuing compliance with
this code. An action for injunctive relief hereunder may be brought in addition
to other sanctions and remedies for violations of the code, or may be joined
with any action for such other sanctions and remedies except criminal prosecution.
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Sec.
[D26-53.03] 27-2121 Injunctive relief in other
actions; powers of the court
In any action or
proceeding brought in the housing part of the New York City civil court, the
court on motion of any party or on its own motion, may issue such preliminary,
temporary or final orders requiring the owner of property or other responsible
person to abate or correct violations of this code, or to comply with an order
or notice of the department, or to take such other steps, as the court may deem
necessary to assure continuing compliance with the requirements of this code,
including direction of correction of violations of this code by a contractor,
materialman* or municipal department and payment of rent or release of funds
deposited with the court in an appropriate amount to (i) such contractor or
materialman* upon the proper presentation of bills for the correction of such
conditions or (ii) such municipal department.
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Sec.
[D26-53.05] 27-2122 Preliminary injunctions
Upon application
by the department pursuant to section six thousand three hundred eleven of the
civil practice law and rules supported by affidavit setting forth the facts
showing the reasons therefor, a court of competent jurisdiction, or any judge
of such court, may issue a preliminary order to correct or abate violations
of this code, or to comply with an order or notice of the department, as the
court may deem necessary to protect the health and safety of the occupants of
a building until the entry of a final judgment or order.
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Sec.
[D26-53.06] 27-2123 Court order of access to inspect
premises
a. A judge of any
civil court of competent jurisdiction may, upon appropriate application by the
department supported by an affidavit or affirmation, issue an order directing
that access be provided to an officer or inspector of the department to any
premises or part thereof, whenever an inspection of any premises or part thereof
is required or authorized by any state or local law or regulation or entry to
such area is necessary for correction of a condition violating such law or regulation.
b. If the application
is found appropriate, the court may issue an order to show cause why the order
of access should not be issued. If the respondent cannot with due diligence
be served personally within the time fixed in such order, service may be made
on such person by posting a copy thereof in a conspicuous place in the premises
to which access is sought and by sending a copy thereof by certified mail, return
receipt requested, to such person at his or her last known address.
c. The court shall
set in the order of access specific dates and times for access.
d. The person,
officer or inspector gaining access shall, before entry, give notice of his
or her authority and purpose of any occupant of the premises and show such occupant
the order or a copy thereof upon request.
e. Notwithstanding
any other provision contained in section 27-2118 of article three of this subchapter,
a person who after service of a certified copy of the order upon such person
does not provide access or refuses to allow access to the person authorized
to enter may be found guilty of contempt of court and may be required to pay
a fine of a maximum of two hundred fifty dollars for willfully failing to provide
or refusing to allow access. Service of the order shall be as the court directs
or by personal service but if such cannot be made with due diligence within
five days, service may be made by posting a copy of the order in a conspicuous
place in the premises which is the subject of the order, and by sending a copy
thereof by certified mail, return receipt requested, to such person at his or
her last known address. Such person shall not be in contempt of court or be
required to pay a fine if he or she establishes good and sufficient reason for
a failure to be present when access was demanded.
f. Nothing herein
shall be deemed to authorize an officer or inspector of the department to enter
any premises or part thereof if a person to whom an order is directed does not
provide or refuses access.
g. Nothing herein
shall affect the validity of inspections authorized and conducted under any
other provision of law, rule or regulation without the issuance of an inspection
warrant as provided in this article.
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Sec.
[D26-53.07] 27-2124 Failure to comply with judicial
order
A person who fails
to comply with an order issued pursuant to this article by a court of competent
jurisdiction or by a judge of such a court shall be punished in accordance with
section 5104 of the Civil Practice Law and Rules and article 19 of the judiciary
law.
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