ous place upon the premises where such violation is alleged to buildings, how se cured or re moved. owners, § 37. Any building or buildings, part or parts of a building Unsafe staging or other structure in the city of Brooklyn, that from any cause may now be, or shall at any time hereafter become dangerous or unsafe, may be taken down and removed, or made safe and secure in the following manner: Immediately upon such unsafe or dangerous buildings, or building, or part, or parts of a building, staging or structure being reported by any of the officers of the department of buildings, the same shall be immediately entere-1 upon a docket of unsafe buildings to be kept by the commissioner; and the owner, or some one of the owners, executors, administra- Notice to tors, agents, lessees or any other person or persons who may have etc. a vested or contingent interest in the same, may be served with a printed or written notice containing a description of the premises or structure deemed unsafe or dangerous, requiring the same to be made safe and secure or removed, as the same may be deemed necessary by the commissioner of buildings, which said notice shall require the person or persons thus served to immediately certify to the commissioner of buildings his or their assent or refusal to secure or remove the same. If the person or persons Commence. so served with notice shall immediately certify his or their assent work of seto the securing or removal of said unsafe or dangerous building, removal. premises or structure, he or they shall be allowed until one o'clock ment of curing or in the afternoon of the day following the service of such notice in which to commence the securing or removal of the same, and he or they shall employ sufficient labor and assistance to secure or remove the same as expeditiously as the same can be done; Unt upon his or their refusal or neglect to comply with any of the Actions to requirements of said notice, the commissioner of buildings may compel re movals, etc. immediately cause to be commenced in the name of said city in any court of record therein, in the manner aforesaid, an action or proceeding against the person or persons upon whom said notice was served, to have such building or buildings, part or parts of a building, staging or other structure declared and adjudged dangerous or unsafe, and to compel the same to he taken down, removed, or made safe; any other person having any interest in or lien upon any such building, buildings, staging or other structure, may, in the discretion of the commissioner, or of the corporation counsel, be made parties Summons. to any such action or proceeding. If such action or proceeding is commenced by the service of a summons, the summons shall be in the form prescribed by the code of civil procedure, except that it may require the defendants to answer within a time therein mentioned and fixed, which time shall be not less than two nor more than twenty days after the service of the summons. Such summons may be served personally, or, if the court, or a judge thereof, shall so order, by fastening a copy of the same, together with a copy of the complaint and order allowing such service, upon the building or buildings, staging or other structure proceeded against, and by leaving a copy of the same papers with a person in charge of such building, buildings or structure, if there be at the time any one in charge thereof. But before any such order is made, the court or judge granting the same must be satisfied, by the affidavits presented to him, that the defendant or defendants in any such action or proceeding so sought to be served is absent from or can not, after due diligence, be found within this state. The issues joined in any such action or proceeding may be brought to trial on any day in term upon two days' notice, and shall have preference over all other causes on the calendar of the court for the day mentioned in the notice, and the court shall then proceed to impanel a jury, hear, try and determine such issues in the same manner as though the trial had been noticed for the first day of a term of the court, and was Trial and verdict. Continuance of suits. Waiver of jury trial. Decision final. command etc. then first reached in regular order for trial. The verdict of the jury upon any such trial shall be conclusive and final. Any such suit or proceeding commenced before a judge or justice may be continued before another judge or justice of the same court; a jury trial may be waived by the default of the defendant or defendants to appear and answer, or to appear upon the trial, or by agreement, and in such case the trial may be by court, judge, justice or referee, whose report or decision in the matter shall be final. Upon the rendition of a verdict or decision of the court, Precept judge, justice or referee, if the said verdict or decision shall find ing repairs, 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, reciting said verdict or decision, and commanding him forthwith to repair and secure, or take down and remove, as the case may be, in accordance with said verdiet or decision, said unsafe or dangerous building or buildings, part or parts thereof, staging, structure staging, structure or other premises that shall have been named in the said notice and described in the complaint. And said commissioner shall Execution 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 shall make return of said precept with an indorsement of his action thereunder and the Taxation of costs and expenses thereby incurred, to the judge or justice then expenses. holding the chambers or special term of the said court, and thereupon said judge or justice shall, upon notice to the parties who appeared in said action, or their attorneys, 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 Judgment such amount, and for the sale of said premises in the said notice and for premises. named, together with all the right, title and interest that the person or persons, or either of them, named in the said notice, or named as defendants in such action, 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 thereof. costs and therefor sale of Requisition on comptroller for amount of pendens. 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 expenses. order of the court or any precept issued by any court, said com. missioner of buildings may make requisition upon the comptroller of the city 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 in which said action was commenced, and presented to said comptroller, he shall pay the same from the revenue fund, and all moneys realized from any such sale shall be paid into the city treasurer to the credit of the Notice of lis revenue fund. The notice of lis pendens provided for in this seetion shall contain or have annexed a copy of the notice or order served by the commissioner, and shall be filed in the office of the clerk of the county of Kings. Provided, nevertheless, that imme diately upon the issuing of said precept the owner or owners of said building or premises, or any party interested therein, upon application to said 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 imme diately and in accordance with the requirements of said precept upon the payment of all costs and expenses incurred up to that time. § 38. The supreme court of the state of New York, the county petition to court of Kings county, and the city court of Brooklyn shall also, upon petition, respectively have power and jurisdiction to adjudge buildings. and decree that any store, storehouse, dwelling or other building, Right of owners to perform require ments. Jurisdiction of order re moval of unsafe Punishment for staging or other structure of any nature, or any part of either thereof, which is, has, or may hereafter become dangerous, unsafe or insecure, or that any such buildings or structures or parts thereof erected or altered or in course of erection of alteration in violation of the provisions of this title shall be taken down and removed, or repaired and made safe in a proper manner. Any contempt. owner, agent, lessee or occupant of any building against which a decree shall be made, as hereinbefore provided, who shall neglect, refuse or fail to comply with the terms of any such decree, shall be deemed guilty of contempt, and be punished as provided by law for the punishment of contempt of court. The remedy given by this section is cumulative, and in addition to any other remedy or right of action in this title given. sioner may courts for order upon pliance of Lien of ex penses, etc., carry ing out § 39. In case any notice or direction authorized to be issued Commis by this title is not complied with within ten days after the service thereof, the commissioner of buildings may also, in his non-comdiscretion, apply to any court of record held in the city of Brook notices. lyn at special term or at chambers, for an order directing the department of buildings to proceed to make the alteration, or remove the violation or violations, as the same may be specified in said notice or direction. Whenever any notice requiring fireescapes or means of egress in case of fire to be placed in or upon any building shall have been served, as directed in this title, and the same shall not have been complied with within ten days after service thereof, the said commissioner may, in his discre tion, in addition thereto, or in lieu of the remedy last above provided, apply to either of said courts at a special term or at chambers, for an order directing the department of buildings to vacate such buildings or premises, or so much thereof as said depart ment 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 dis bursements 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 notice with a notice of the proceedings taken thereunder in the office of the clerk of the county of Kings, and the said courts, or a judge or for 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 general mechanics' lien law of the state. And in case either of the notices or any of the papers in this title 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 is made to immediately give notice to the owner or agent of such building named in the notice or papers, if the same shall be known to said party personally, if such person shall be within the limits of the city of Brooklyn, and his residence known to such person, and if not within said city, then by depositing a copy of the said notice or papers in the Brooklyn post-office prop order. Enforce ment of lign. |