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Service

Contents.

Assent; removal.

be deemed necessary by the commissioner of public works or the board of health. Service of the notice and order shall be made personally or by depositing it in the post office in the city of Buffalo, New York, in a securely fastened postpaid wrapper, addressed to each owner or person having a vested or contingent interest, at Buffalo, New York; or, if any such owner or person having a vested or contingent interest in the premises has filed with the board of assessors an appointment of a resident tax agent as provided in section one hundred fifty-nine of this act, or a written statement as provided in section one hundred fiftyeight of this act, said notice and order shall be served by depositing the same in the post office in the city of Buffalo, New York, in a securely fastened postpaid wrapper, addressed to the names and addresses of such owner and persons having a vested or contingent interest in the premises, as the case may be, shown in the registration book kept as required by section one hundred fifty-seven of this act. In the case of a person not personally served, the date of service shall be deemed to be the date of the mailing of said notice as hereinbefore provided. Such notice shall require the person thus served to certify within ten days of such service to the commissioner of public works or the board of health, as the case may be, his assent or refusal to secure or make sanitary or remove the same. If the person served with said notice shall so certify his assent to the securing, making sanitary or removal of said unsafe or unsanitary building, premises or structure, he shall be allowed seven days after the expiration of said ten day period within which to commence the work of securing or making sanitary or the removal of the same, and he shall employ sufficient labor and assistance to secure or make sanitary or remove the same as expeditiously as can be done.

§ 192. Disregard of notice; survey. 1. Notice of survey. Upon the refusal or neglect if any person served with the notice for which provision is made in section one hundred ninety-one supra, to comply with any of the requirements thereof within the time prescribed in said section, a further notice shall be served upon the owner and all other persons having a vested or contingent interest in such property described in the notice in the manner hereinafter prescribed, notifying such persons that a survey of the premises named in said notice will be made at the time and place therein named, which time shall not be less than three days nor more than ten days from the time of the service

of said notice, by three competent persons, of whom in the personnel of case of an unsafe building, one shall be the director of build

ings or an inspector designated in writing by said director, another shall be an architect appointed by the Buffalo chapter of the American Institute of Architects, and the third shall be a practical builder, engineer or architect appointed by the owner and/or mortgagee thus notified; and in case of an unsanitary building, one shall be a member of the board of health or health commissioner as designated by the board of health, another shall be a

Further notice.

Survey:

commission.

Tral.

physician of at least ten years' experience, appointed by the Erie County Medical Society, and the third shall be a physician appointed by the owner and/or mortgagee thus notified. In case the owner and/or mortgagee served with such notice shall, within five days, neglect or refuse to appoint such third surveyor, the other two surveyors shall make the survey, and in case of a disagreement of the latter, shall appoint a third person to take part in such survey, who in the case of an unsafe building shall also be a practical builder, engineer or architect of at least ten years' practice; and in the case of an unsanitary building, shall be a physician duly licensed to practice his profession in the state of New York and of ten years' medical experience. The notice shall also set forth that, in case the premises referred to therein shall be reported unsafe or unsanitary so as to menace the public health or to be unfit for human habitation, under any such survey, the said report will be placed before the supreme court, as indicated in the notice, and that a trial upon

the allegations and statements contained in said report, be the report of said surveyors more or less than is contained in the said notice of survey, will be had before the said court at a time and place therein named, to determine whether said unsafe or unsanitary building or premises shall be repaired and secured or made sanitary or taken down and removed, and that a report of said survey, reduced to writing, shall constitute the issue to be Issuo. placed before the court for trial. Service of the notice shall be Service of made personally or by depositing it in the post office in the city of further Buffalo, New York, in a securely fastened postpaid wrapper, addressed to each owner and every person having a vested or contingent interest, at Buffalo, New York; or, if any such owner or person having a vested or contingent interest in the premises has filed with the board of assessors an appointment of a resident tax agent as provided in section one hundred fifty-nine of this act, or a written statement as provided in section one hundred fifty-eight of this act, said notice shall be served by depositing the same in the post office in the city of Buffalo, New York, in a securely fastened postpaid wrapper, addressed to the names and addresses of such owner and persons having a vested or contingent interest in the premises, as the case may be shown in the registration book kept as required by section one hundred fifty-seven of this act. In the event that the notice is served by mailing as aforesaid, a copy of the notice directed to said persons shall be posted in three public places in the city of Buffalo, New York, and a copy thereof shall be affixed to the front wall of said building or structure on or before the date of the mailing thereof. In the ease of a person not personally served, the date of service shall be deemed to be five days after the date of said mailing as hereinbefore provided.

2. Posting report of survey. A copy of the report of any such Posting survey shall be posted on the building the subject thereof by the report. persons holding the survey, immediately on their signing such report.

Action created.

3. Compensation of surveyor. In the case of an unsafe building, the architect appointed by the Buffalo chapter of the American Institute of Architects, as hereinbefore provided, who may act on any survey called in accordance with the provisions of this article, and the third surveyor who may have been called in the case of disagreement provided for in this section, and in the case of an unsanitary building, the physician appointed by the Erie County Medical Society, who may act on such survey and the third physician in case of disagreement, shall each be entitled to and receive the sum of twenty-five dollars, to be paid by the city upon proper voucher presented to the comptroller by the commissioner of public works or the board of health as the case may be, upon certification of the correctness of the same by the comptroller. A cause of action is hereby created for the benefit of the city against the owner of said building, staging or structure, and of the lot or parcel of land upon which the same is situated for the amount so paid with interest. The judgment obtained in such action when docketed in the office of the clerk of Erie county shall have priority over any other lien or encumbrance upon or transfer of the property surveyed, excepting taxes and assessments, and said judgment shall be satisfied only out of the proceeds of the sale of such building, staging, structure and/or lot or parcel of land upon which said building, staging or structure is erected. The amount so collected shall be paid over to the city in reimbursement of the amounts paid by the city as aforesaid.

4. Cause of action by interested party performing requirements of precept. A cause of action is hereby created for the benefit of an interested party other than the owner, who has paid the costs and expenses incurred by the city and performed the requirements of the precept at his own expense pursuant to the provisions of subdivision one of section one hundred ninety-four of this act, against the owner of such building, staging or structure, and of the lot or parcel of land upon which the same is situated for the amount of such expenses with interest. The judgment obtained in such action when docketed in the office of the clerk of Erie county shall have priority over any other lien or incumbrance upon or transfer of such property, excepting taxes and assessments, in the same manner as provided by subdivision three of this section in the case of a judgment obtained in favor of the city, but said judgment shall be satisfied only out of the proceeds of the sale of such building, staging, structure and/or lot or parcel of land upon which said building, staging or structure is erected.

$ 193. Judicial review of survey. 1. Institution of proceeding. spectai term. Whenever the report of any such survey, had as aforesaid, shall

recite that the building, premises or structure thus surveyed is unsafe or unsanitary, the corporation counsel shall, at the time specified in the notice, place such notice and report before the justice holding a special term of the supreme court for the county of Erie.

Action for 3rd party.

Supremo

ment.

2. Precedence of proceeding. The determination of the issue in an Preferred. unsafe or unsanitary building proceeding shall have precedence over every other business of such court, and a trial of the issue shall be held without delay, at the time specified in the notice, by the justice holding said court or a referee, whose decision or report in the matter shall be final, unless a jury trial is demanded, in which case the verdict of such jury shall be final. In the event a jury trial is demanded, the justice at special term of the supreme court shall assign the action or proceeding to the jury trial term of said court to be tried immediately as a preferred action with preference over all other actions or proceedings.

3. Postponement of trial. If, for any reason, the issue shall Adjournnot 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 commissioner of public works or the board of health without a new survey, upon not less than seven days' notice of trial to the person upon whom the original notice was served, or to his attorney.

4. Precept to abate. Upon the rendition of a verdict or a decision Precept. of the court or referee, if the said verdict or decision shall find the said building, premises or structure to be unsafe or unsanitary, the justice trying the case, or to whom the report of the referee trying said cause shall be presented, shall immediately issue a precept directed in the case of an unsafe building to the commissioner of public works, and in the case of an unsanitary building to the board of health, reciting said verdict or decision, and commanding the commissioner of public works forthwith to repair and secure or to take down and remove, or the board of health to cause to be made sanitary or to be taken down and removed, as the case may be, the unsafe or unsanitary building or part thereof, staging or structure or other premises that shall have been named in the said report, in accordance with such verdict or decision.

§ 194. Repair or removal under precept. 1. Execution of precept. Upon receiving a precept under the provisions of the preceding section, the commissioner of public works or the board of health referred to therein, shall proceed to execute the same, as therein directed, and may employ such labor and assistance and furnish such materials as may be necessary for that purpose, provided, nevertheless, that within twenty-four hours after the issuing of said precept, the owner of said building or part thereof, staging or structure, or premises, or any party interested therein, upon application to the commissioner of public works or the board of health, shall, upon the payment of all costs and expenses incurred up to that time by the city, be allowed to perform the requirements of the precept at his own proper cost and expense, if the same shall be done in accordance with the requirements of said precept. 2. Interference prohibited. It shall be unlawful for any person, Interference

prohibited whether interested or not in the property affected, to interfere,

Execution of precept.

Sale of salvage.

obstruct or hinder the commissioner of public works or the board
of health or their deputies, representatives, or any person who,
acting under the authority conferred on him by such commissioner
of public works or board of health, is performing the work directed
by precept issued out of any court as in this article provided, or
ordered by the commissioner of public works or board of health in
accordance with such precept under the provisions of this article.

3. In the execution of any precept directing the taking down
of any building as herein provided, the commissioner of public
works or the board of health, as the case may be, shall have authority
to negotiate for the sale and/or removal of all material forming part
of the building to be taken down, and the proceeds of any such
material, if sold, shall be deposited with the supreme court. In
case the amount of any proceeds of the sale of any salvage material
shall exceed the costs and expenses of any judgment, the court upon
the petition of any interested party may order disposition of such
excess or part thereof to the person or persons entitled thereto.

$ 195. Provision for expense of executing precept. The common council shall, in accordance with the provisions of this act, provide the amount of moneys necessary to defray the costs and

expenses of all proceedings conducted hereunder.
Taxation § 196. Return of precept; reimbursement of city. Upon com-
of amount.

pliance with any precept issued in an unsafe building proceeding,
the commissioner of public works, and in an unsanitary building
proceeding the board of health shall make return thereof, with
an endorsement of the action thereunder and the cost and expenses
thereby incurred, and a report of any proceeds upon the sale of
any salvage material sold pursuant to subdivision three of section
one hundred ninety-four of this act, to the justice then holding the
special term of the Erie county supreme court from which such
precept issued, and, thereupon, said justice shall tax and adjust
the amount endorsed upon said precept, and shall adjust and allow
the disbursements of the proceeding, together with the preliminary
expenses of searches and surveys thereof, and as an offset against all
such costs and expenses, the said justice shall allow credit for the
amount received by the commissioner of public works or the board
of health upon the sale of any salvage material sold pursuant
to subdivision three of section one hundred ninety-four of this act,
which shall be inserted in the judgment in said action or proceeding,
and shall render judgment for such amount and for the sale of
said premises in the said notice named, together with all the right,
title and interest that the person named in the said notice had in

the lot, ground or land upon which the said building or structure Las pendens. was placed, at the time of the filing of a notice of lis pendens in

the said proceeding, 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 mortgage,
provided, however, that no deficiency judgment shall be rendered
against any of the parties to said proceeding. The notice of lis

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