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§28-112.9 Lien on Premises for Unpaid Fee or Other Charge

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Any unpaid fee or charge for an inspection, reinspection, examination or service performed by the department or other unpaid amount owed to the department, and all permits issued by the department, pursuant to law shall constitute a lien upon the land and buildings upon or in respect to which such inspection, reinspection, examination or service was performed or permit issued, as hereinafter provided.
§28-112.9.1 Filing of Fees
The department shall maintain a record of all unpaid fees and other charges. Such records shall be kept on a building by building basis and shall be accessible to the public during business hours. An entry of an unpaid amount on the records of the department shall constitute notice to all parties.
§28-112.9.2 Lien
All such unpaid amounts shall constitute a lien upon the land and building upon, or in respect to which, such inspection, reinspection, examination or service was performed or permit issued when the amount thereof shall have been definitely computed as a statement of account by the department and the department shall file such statement with the department of finance for entry in the records of such department against the premises. Such lien shall have a priority over all other liens and encumbrances except for the lien of taxes and assessments. However, no lien created pursuant to section 28-112.9 shall be enforced against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28-112.9.1 are satisfied.
§28-112.9.3 Notice
A notice, stating the amount due and the nature of the charge, shall be mailed by the department of finance to the last known address of the person whose name appears on the records in the office of the department of finance as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises addressed to either the owner or the agent.
§28-112.9.4 Interest
If such charge is not paid within 30 days from the date of entry, it shall be the duty of the department of finance to receive interest thereon at the rate of 15 percent per annum, to be calculated to the date of payment from the date of entry.
§28-112.9.5 Tax Lien
Such charge and the interest thereon shall continue to be, until paid, a lien on the premises. Such lien shall be deemed a tax lien within the meaning of sections 11-319 and 11-401 of the administrative code and may be sold, enforced or foreclosed in the manner provided in chapter 3 or 4 of title 11 of such code or may be satisfied in accordance with the provisions of section 1354 of the New York state real property actions and proceedings law.
§28-112.9.6 Reference
The notice mailed by the department of finance pursuant to section 28-112.9 shall have stamped or printed thereon a reference to section 28-112.9.
§28-112.9.7 Validity Not Subject to Challenge in Enforcement Proceeding
In any proceedings to enforce or discharge a lien created pursuant to section 28-112.9, the validity of the lien shall not be subject to challenge based on:
  1. The lawfulness of the inspection, reinspection, examination, service or permit; or
  2. The propriety and accuracy of the fee for which a lien is claimed, except as provided in section 28-112.9.
§28-112.9.8 Standing to Challenge
No such challenge may be made except by (i) the owner of the property, or (ii) a mortgagee or lien or whose mortgage or lien would, but for the provisions of section 28-112.9, have priority over the department's lien.

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