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This entry was published on 2014-09-22
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SECTION 306
Judicial procedure and orders
Multiple Dwelling (MDW) CHAPTER 61-A, ARTICLE 8
§ 306. Judicial procedure and orders. 1. In case any multiple dwelling
or structure or any part thereof or the lot on which it is situated is
constructed, altered, converted or maintained in violation of any
provision of this chapter or of any order or notice of the department,
or in case a nuisance exists in any such dwelling or structure or part
thereof or upon the lot on which it is situated, the department may
institute any appropriate action or proceeding to prevent such unlawful
construction, alteration, conversion or maintenance, to restrain,
correct or abate such violation or nuisance, to prevent the occupation
of said dwelling or structure or any part thereof, or to prevent any
illegal act, conduct or business in or about such dwelling, structure or
lot.

2. In any such action or proceeding the department may, by affidavit
setting forth the facts, apply to the supreme court, or to any justice
thereof, or, if the premises in respect to which the action is brought
are situated in the city of New York, to the New York city civil court,
or, if the premises in respect to which the action is brought are
situated in whole or in part within a district of the court, to the
district court, or, if the premises in respect to which the action is
brought are situated in whole or in part within a city outside of the
city of New York, to the city court of such city, for:

a. An order granting the relief for which said action or proceeding is
brought, or enjoining all persons from doing or permitting to be done
any work in or about such dwelling, structure or lot or any part
thereof, or from occupying or using the same for any purpose, until the
entry of final judgment or order.

b. An order authorizing the department to execute and carry out the
provisions of any notice or order which is issued by the department and
not complied with, to remove any violation specified in such notice or
order, or to abate any nuisance in or about such dwelling, structure or
lot.

3. In an action to establish a lien under this chapter, the service
and procedure, except as otherwise provided in section three hundred
nine, shall be as set forth in sections three hundred twenty-six and
three hundred fifty-six to three hundred sixty, both inclusive.

4. The judgment in any such action may provide for the sale at public
auction of the property affected, and for such other remedies to secure
the enforcement thereof as the court may deem proper.

5. The court or any justice thereof is authorized to make any order
specified in this section.

6. In no case shall the city, or the department or any officer or
employee thereof, be liable for costs in any action or proceeding that
may be commenced pursuant to this chapter.