§ 305. Nuisances. 1. The term nuisance shall be held to embrace
whatever is dangerous to human life or detrimental to health and shall
include but not be limited to: (a) a public nuisance as known at common
law, statutory law and in equity jurisprudence, and (b) a dwelling that,
in violation of this chapter or of any other state or local law,
ordinance or regulation, does not have adequate egress, safeguards
against fire, adequate electrical service, installation and wiring,
structural support, ventilation, plumbing, sewerage or drainage
facilities, is overcrowded or inadequately cleaned or lighted and the
condition constituting such violation is dangerous to human life or
detrimental to health. All such nuisances are hereby declared to be
unlawful.

2. Whenever the department shall declare that a dwelling is a
nuisance, it shall serve a notice or order in the manner prescribed by
section three hundred six of this chapter, reciting the facts
constituting such nuisance, specifying in what respect the dwelling is
dangerous to human life or detrimental to health and requiring the owner
to remove such nuisance within thirty days after service of such notice
or order or such lesser period of time where an emergency exists as may
be determined by the department head. Such notice or order shall provide
that, if the owner fails to remove such nuisance within such period for
compliance so prescribed, the department may remove or cause the removal
of such nuisance by cleansing, repairing, vacating, demolishing or by
taking such other corrective action deemed necessary and shall notify
the owner of his right to a hearing as hereinafter provided.

Wherever such notice is given, the owner may request a hearing before
the head of the department charged with enforcement, and a hearing shall
be given such owner prior to the expiration of the period for compliance
so prescribed.

3. a. If such nuisance is not removed by the owner within the time
heretofore prescribed after service of such notice or order, the
department may proceed with the removal of such nuisance as provided in
the notice or order.

b. If the owner refuses to permit the department to remove or cause
the removal of such nuisance by cleansing, repairing, vacating,
demolishing or by taking such other corrective action as may be
necessary, or interferes in any way with the department or causes delay
to the taking of corrective action, the department may cause such
dwelling, in whole or in part, to be vacated and sealed up or vacated
and demolished, but, in such case, the department shall commence a
special proceeding in the supreme court for such relief. During the
pendency of such proceeding, the department may obtain a temporary order
for the immediate vacating of such dwelling, upon proof of a present
danger to human life or detriment to health. In addition to the owner,
all tenants, mortgagees and lienors of record shall be necessary parties
to such special proceeding.

4. a. If the department proceeds to execute a notice or order issued
by it or by the court for the removal of a nuisance, the department may
let contracts therefor, in accordance with the provisions of any local
laws, ordinances, rules and regulations of the municipality applicable
to the letting of contracts for municipal improvements. The cost of
executing such notice or order or orders whether or not carried out
pursuant to court order shall be met from any appropriation made
therefor, or if such appropriation has not been made or is insufficient,
from the proceeds of the sale of obligations pursuant to the local
finance law. The department shall keep a record of such notices and
orders together with the acts done and the items of cost incurred in
their execution.

b. The municipality shall have a lien upon the premises of the
dwelling for the cost of executing such notice or order or orders for
the removal of a nuisance and shall file a notice of such lien in the
office of the clerk where notices of mechanics' liens are filed; and all
proceedings with respect to such lien, its enforcement and discharge
shall be carried on in the same manner as proceedings with respect to
mechanics' liens under the lien law.

c. Notwithstanding the foregoing and in addition to any other remedy
available, the department may maintain an action against the owner to
recover the cost of executing such notice or order or orders.