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eree, whose report or decision in the matter shall be final; and upon the rendition of a verdict or decision of the Court, Judge, Justice or Referee, if the said verdict or decision shall find the said building, premises or structure to be unsafe or dangerous, the Judge or Justice trying said cause, or to whom the report of the Referee trying said cause shall be presented, shall immediately issue a precept out of said Court, directed to the Commissioner of Buildings having jurisdiction, reciting said verdict or decision, and commanding him forthwith to repair and secure or take down or remove, as the case may be, in accordance with said verdict or decision, said unsafe or dangerous building, buildings, part or parts thereof, staging, structure or other premises that shall have been named in the said report, and said Commissioner of Buildings shall immediately thereupon proceed to execute said precept as therein directed, and may employ such labor and assistance and furnish such materials as may be necessary for that purpose, and after having done so said Commissioner of Buildings shall make return of said precept, with an indorsement of the action thereunder and the cost and expenses thereby incurred, to the Judge or Justice then holding the said Special Term of the said Court, and thereupon said Judge or Justice shall tax and adjust the amount indorsed upon said precept, and shall adjust and allow disbursements of said proceedings, together with the preliminary expenses of searches and surveys, which shall be inserted in the judgment in said action or proceeding, and shall render judgment for such amount, and for the sale of the said premises in the said notice named, together with all the right, title and interest that the person or persons, or either of them, named in the said notice had in the lot, ground or land upon which the said building or structure was placed, at the time of the filing of a notice of lis pendens in the said proceedings, or at the time of the entry of judgment therein to satisfy the same, which shall be in the same manner and with like effect as sales under judgment in foreclosure of mortgages, and in and about all preliminary proceedings as well as the carrying into effect any order of the Court or any precept issued by any Court, said Commissioner of Buildings may make requisition upon the Comptroller of The City of New York for such amount or amounts of money as shall be necessary to meet the expenses thereof; and upon the same being approved by any Judge or Justice of the Court from which the said order or precept was issued and presented to said Comptroller, he shall pay the same, and for that purpose shall borrow and raise, upon revenue bonds, to be issued as provided in section 188 of the Greater New York Charter, the several amounts that may from time to time be required, which shall be reimbursed by the payment of the amount and interest at six per cent. out of the judgment or judgments obtained as aforesaid, if the same shall be collected.

In case said issue shall not be tried at the time specified in said notice, or to which the trial may be adjourned, the same may be brought to trial at any time thereafter by the said Commissioner of Buildings, without a new survey, upon not less than three days' notice of trial to the person or persons upon whom the original notice was served, or to his or their attorney, which notice of trial may be served in the same manner as said original notice. The notice of lis pendens provided for in this section shall consist of a copy of said notice of survey, and shall be filed in the office of a County Clerk in The City of New York, in the county where the property affected by such action, suit or proceeding is located. Provided, nevertheless, that immediately upon the issuing of said precept, the owner or owners of said building, staging or structure, or premises, or any party interested therein, upon application to the Commissioner of Buildings, shall be allowed to perform the requirements of said precept at his or their own proper cost and expense, provided the same shall be done immediately and in accordance with the requirements of said precept, upon the payment of all costs and expenses incurred up to that time, and provided, further, that the Commissioner of Buildings having jurisdiction shall have authority to modify the requirements of said precept upon application to him therefor, in writing, by the owner or owners of said building, staging or structure, or his or their representative, when he shall be satisfied that such change shall secure equally well the safety of said building, staging or structure. (Id., sec. 155, rev. from L. 1882, ch. 410, § 511, as amend.)

§ 156. Application for Order to Remove Violations and to Vacate Buildings.- In case any notice or direction authorized to be issued by this Code is not complied with within the time designated in said notice, The City of New York, by the Corporation Counsel, may, at the request of the Commissioner of Buildings having jurisdiction, apply to the Supreme Court of New York, at a special term thereof, for an order directing said commissioner to proceed to make the alterations or remove the violation or violations, as the same may be specified in said notice or direction. Whenever any notice or direction so authorized, shall have been served as directed in this Code, and the same shall not have been complied with within the time designated therein, the Corporation Counsel may, at the request of the Commissioner of Buildings having jurisdiction. in addition to, or in lieu of the remedy last above provided, apply to the Supreme Court of New York, at a special term thereof, for an order directing the said commissioner to vacate such building or premises, or so much thereof as said commissioner may deem necessary, and prohibiting the same to be used or occupied for any purpose specified in said order until such notice shall have been complied with. The expenses and disbursements incurred in the carrying out of any said order or orders, shall become a lien

upon said building or premises named in the said notice, from the time of filing of a copy of the said notice, with a notice of the pendency of the action or proceeding as provided in this Code, taken thereunder, in the office of the clerk of the county where the property affected by such action, suit or proceeding is located; and the said Supreme Court, or a judge or justice thereof, to whom application shall be made, is hereby authorized and directed to grant any of the orders above named, and to take such proceedings as shall be necessary to make the same effectual, and any said judge or justice to whom application shall be made is hereby authorized and directed to enforce such lien in accordance with the mechanics' lien laws applicable to The City of New York; and in case any of the notices herein mentioned shall be served upon any lessee or party in possession of the building or premises therein described, it shall be the duty of the person upon whom such service i made to give immediate notice to the owner or agent of said building named in the notice, if the same shall be known to the said person personally, if such person shall be within the limits of The City of New York, and his residence known to such person, and if not within said city, then by depositing a copy of said notice in any post-office in The City of New York, properly inclosed and addressed to such owner or agent, at his then place of residence, if known, and by paying the postage thereon; and in case any lessee or party in possession shall neglect or refuse to give such notice as herein provided, he shall be personally liable to the owner or owners of said buildings or premises for all damages he or they shall sustain by reason thereof. (Id., sec. 156, rev. from L. 1882, ch. 410, § 513, as amended.)

Part 32.- Recovery of Bodies Under Fallen Buildings. § 157. Recovery of Bodies Under Fallen Buildings.— In case of the falling of any building or part thereof in The City of New York, where persons are known or believed to be buried under the ruins thereof, it shall be the duty of the Fire Department to cause an examnation of the premses to be made for the recovery of the bodies of the killed and injured. Whenever, in making such examination, it shall be necessary to remove from the premises any debris, it shall be the duty of the Commissioners of the Department of Docks, of the Department of Parks, of the Department of Highways, and of the Department of Street Cleaning, when called upon by the Department of Buildings to co-operate to provide a suitable and convenient dumping place for the deposit of such debris. In case there shall be, in the opinion of the Department of Buildings, actual and immediate danger of the falling of any building or part thereof so as to endanger life or property, said department shall cause the necessary work to be done to render said building or part thereof temporarily safe until the proper proceedings can

be taken, as in the case of an unsafe building, as provided for in this Code. The Department of Buildings is hereby authorized and empowered in such cases, and also where any building or part thereof has fallen, and life is endangered by the occupation thereof, to order and require the inmates and occupants of such building or part thereof to vacate the same forthwith, and said department may, when necessary for the public safety, temporarily close the sidewalks and streets adjacent to such building or part thereof, and prohibit the same from being used, and the Police Department, when called upon by the said Department of Buildings to co-operate, shall enforce such orders or requirements. For the aforesaid purposes the said Fire Department, or the Department of Buildings, as the case may be, shall employ such laborers and materials as may be necessary to perform said work as speedily as possible. (Id., sec. 157, rev. from L. 1882, ch. 410, § 502, as amend.)

§ 157A. In case there shall be, in the opinion of the Borough President or Superintendent of Buildings in any borough having jurisdiction, danger to life or property by reason of any defective or illegal work, or work in violation of or not in compliance with any of the provisions or requirements of this Code, the said Borough President or Superintendent of Buildings or such person as may be designated by him shall have the right and he is hereby authorized and empowered to order all further work to be stopped in and about said building, and to require all persons in and about said building forthwith to vacate the same, and to cause such work to be done in and about the building as in his judgment may be necessary to remove any danger therefrom. And said Borough President or Superintendent of Buildings may, when necessary for the public safety, temporarily close the sidewalks and the streets adjacent to said building, or part thereof, and the Police Department, when called upon by the said Borough President or Superintendent of Buildings to co-operate, shall enforce such orders or requirements. (Ord. app. June 1, 1904.)

Part 33.- Fund for Use and Benefit of the Department of

-

Buildings.

§ 158. Fund for Use and Benefit of the Department of Buildings. The Corporation Counsel shall sue for and collect all penalties and take charge of and conduct all legal proceedings imposed or provided for by this Code; and all suits or proceedings instituted for the enforcement of any of the several provisions of the preceding sections of this Code or for the recovery of any penalty thereunder shall be brought in the name of The City of New York by the Corporation Counsel, to whom all notices of violation shall be returned for prosecution, and it shall be his duty to take charge of the prosecution of all such suits or proceedings, lect and receive all moneys that may be collected upon

judgments, suits or proceedings so instituted, or which may be paid by any parties who have violated any of the provisions of this Code, and upon settlement of judgment and removal of violations thereunder, execute satisfaction therefor. He shall, on the first day of each and every month, render to each Commissioner of Buildings an account of and pay over to the commissioner having jurisdiction the amount of such penalties and costs received by him, together with his bill for all necessary disbursements incurred or paid in said suits, keeping a separate account for each Commissioner, and each Commissioner shall pay over monthly the amount of such penalties and costs so collected to the Comptroller of The City of New York as a fund for the use and benefit of the Department of Buildings for the purpose of paying any expenses incurred by said department, under section 157 of this Code, and also for the purpose of carrying into effect any order or precept issued by any court, or judge or justice thereof, in this Code named, to any Commissioner of Buildings, and upon the requisition of the Commissioner of Buildings having jurisdiction, said Comptroller shall pay such sum or sums as may be allowed and adjusted by any court of record, or a judge or justice thereof, for such purposes, as far as the same may be in his hands. A separate account shall be kept by the Comptroller of the moneys paid to him by each Commissioner, and no such moneys shall be paid for such purposes to any of said Commissioners except from the account of the funds received from him. (Id., sec. 158, rev. from L. 1882, ch. 410, § 515, as amend.) Part 34.-Seal. Officers of Department May Enter Buildings. § 159. Seal.- The Board of Buildings may adopt a seal and direct its use in the Department of Buildings. (Id., sec. 159, L. 1892, ch. 275, § 4.)

§ 160. Officers of Department May Enter Buildings.- All the officials of the Department of Buildings, so far as it may be necessary for the performance of their respective duties, have the right to enter any building or premises in said city, upon showing their badge of office. (Id., sec. 160, rev. from L. 1882, ch. 410, § 516.)

Part 35.-Existing Suits and Liabilities.

Invalidity of One

Section Not to Invalidate Any Other.

§ 161. Existing Suits and Liabilities-Nothing in this Code contained shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this Code. (Id., sec. 161, L. 1892, ch. 275, § 45.)

§ 162. Invalidity of One Section Not to Invalidate Any Other. The invalidity of any section or provision of this

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