§ 140. Collection, levy and liens. (a) Collection procedures.--The
taxes imposed by this title shall be collected by the director of
finance, and he may establish the mode or time for the collection of any
amount due it under this title if not otherwise specified. The director
of finance shall, upon request, give a receipt for any sum collected
under this title. The director of finance may authorize banks or trust
companies which are depositories or financial agents of the city to
receive and give a receipt for any tax imposed under this title in such
manner, at such times, and under such conditions as the director of
finance may prescribe; and the director of finance shall prescribe the
manner, times and conditions under which the receipt of such tax by such
banks and trust companies is to be treated as payment of such tax to the
director of finance.

(b) Notice and demand for tax.--The director of finance shall as soon
as practicable give notice to each person liable for any amount of tax,
addition to tax, penalty or interest, which has been assessed but
remains unpaid, stating the amount and demanding payment thereof. Such
notice shall be left at the dwelling or usual place of business of such
person or shall be sent by mail to such person's last known address.
Except where the director of finance determines that collection would be
jeopardized by delay, if any tax is assessed prior to the last date
(including any date fixed by extension) prescribed for payment of such
tax, payment of such tax shall not be demanded until after such date.

(c) Issuance of warrant after notice and demand.--If any person liable
under this title for the payment of any tax, addition to tax, penalty or
interest neglects or refuses to pay the same within the ten days after
notice and demand therefor is given to such person under subdivision
(b), the director of finance may within six years after the date of such
assessment issue a warrant under his official seal directed to the
sheriff of any county of the state, or to any officer or employee of the
department of finance, commanding him to levy upon and sell such
person's real and personal property for the payment of the amount
assessed, with the cost of executing the warrant, and to return such
warrant to the director of finance and pay to him the money collected by
virtue thereof within sixty days after the receipt of the warrant. If
the director of finance finds that the collection of the tax or other
amount is in jeopardy, notice and demand for immediate payment of such
tax may be made by the director of finance and upon failure or refusal
to pay such tax or other amount the director of finance may issue a
warrant without regard to the ten-day period provided in this
subdivision.

(d) Copy of warrant to be filed and lien to be created.--Any sheriff
or officer or employee who receives a warrant under subdivision (c)
shall within five days thereafter file a copy with the clerk of the
appropriate county. The clerk shall thereupon enter in the judgment
docket, in the column for judgment debtors, the name of the taxpayer
mentioned in the warrant, and in appropriate columns the tax or other
amounts for which the warrant is issued and the date when such copy is
filed; and such amount shall thereupon be a binding lien upon the real,
personal and other property of the taxpayer.

(e) Judgment.--When a warrant has been filed with the county clerk the
director of finance shall, on behalf of the city, be deemed to have
obtained judgment against the taxpayer for the tax or other amounts.

(f) Execution.--The sheriff or officer or employee shall thereupon
proceed upon the judgment in all respects, with like effect, and in the
same manner prescribed by law in respect to executions issued against
property upon judgments of a court of record, and a sheriff shall be
entitled to the same fees for his services in executing the warrant, to
be collected in the same manner. An officer or employee of the
department of finance may proceed in any county or counties of this
state and shall have all the powers of execution conferred by law upon
sheriffs, but shall be entitled to no fee or compensation in excess of
actual expenses paid in connection with the execution of the warrant.

(g) Taxpayer not a resident of this state.--Where a notice and demand
under subdivision (b) shall have been given to a taxpayer who is not
then a resident of this state, and it appears to the director of finance
that it is not practicable to find in this state property of the
taxpayer sufficient to pay the entire balance of tax or other amount
owing by such taxpayer who is not then a resident of this state, the
director of finance may, in accordance with subdivision (c), issue a
warrant directed to an officer or employee of the department of finance,
a copy of which warrant shall be mailed by certified or registered mail
to the taxpayer at his last known address, subject to the rules for
mailing provided in subdivision (a) of section one hundred twenty-nine.
Such warrant shall command the officer or employee to proceed in New
York county, and he shall, within five days after receipt of the
warrant, file the warrant and obtain a judgment in accordance with this
section. Thereupon the director of finance may authorize the institution
of any action or proceeding to collect or enforce the judgment in any
place and by any procedure that a civil judgment of the supreme court of
the state of New York could be collected or enforced. The director of
finance may also, in his discretion, designate agents or retain counsel
for the purpose of collecting, outside the state of New York, any unpaid
taxes, additions to tax, penalties or interest which have been assessed
under this title against taxpayers who are not residents of this state,
may fix the compensation of such agents and counsel to be paid out of
money appropriated or otherwise lawfully available for payment thereof,
and may require of them bonds or other security for the faithful
performance of their duties, in such form and in such amount as the
director of finance shall deem proper and sufficient.

(h) Action by city for recovery of taxes.--Action may be brought by
the corporation counsel at the instance of the director of finance as
agent and trustee for the city to recover the amount of any unpaid
taxes, additions to tax, penalties or interest which have been assessed
under this title within six years prior to the date the action is
commenced.

(i) Release of lien.--The director of finance, if he finds that the
interests of the city will not thereby be jeopardized, and upon such
conditions as he may require, may release any property from the lien of
any warrant for unpaid taxes, additions to tax, penalties and interest
filed pursuant to this section, and such release may be recorded in the
office of any recording officer in which such warrant has been filed.