§ 24-605 Lien for emergency response costs.
a. All costs incurred by the city, including but not limited to the costs of the departments of environmental protection, health and sanitation, and the police and fire departments, for response measures implemented pursuant to this chapter or any other applicable provision of law shall be a debt recoverable from each responsible person and a lien upon the real property of or at which an owner, operator, lessee, occupant or tenant is a responsible person and at which such response measures were implemented.
b. The mayor shall designate the agency or agencies which shall receive for filing the certificate of expenses prepared in accordance with section 24-606 and shall keep a record of all such costs incurred. Such records shall be accessible to the public during business hours. Within thirty days after the issuance of a purchase or work order for any response measure such order shall be entered on the records of the designated agency or agencies. All such records shall constitute notice to all parties.
c. Any lien imposed by this section shall arise at the later of the following:
(1) the time that the amount of any costs incurred by the city for response measures shall have been definitely computed as a statement of account and an agency designated pursuant to subdivision b of this section has caused to be filed in the office of the city collector: (i) an entry of the account stated in the book in which such charges against the property are to be entered, and (ii) copies of any notices of potential liability for such costs and statements reciting the dates such notices were mailed, received pursuant to section 24-606; and
(2) the third day after a responsible person, who is an owner of real property at which the response measures were implemented and whose liability for any costs incurred by the city for such response measures authorizes the imposition of a lien in accordance with subdivision a of this section, is sent by both certified or registered mail and first class mail notice of such person's potential liability for such costs. Such notice may be provided prior to the mailing of the notice pursuant to subdivision d of this section, but any notice provided pursuant to subparagraph (ii) of paragraph two of subdivision a of section 24-610 shall not be deemed to be notice of such person's potential liability, unless such person's potential liability is specifically referred to in such notice.
d. A notice stating the amount due and the nature of the costs shall be sent by both certified or registered mail and first class mail by the city collector within five days after such entry pursuant to paragraph one of subdivision c of this section to the last known address of the person whose name appears on the records in the office of the city collector as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the property, addressed to either the owner or the agent. Such notice shall have stamped or printed thereon a reference to this section. Such notice shall constitute notice of the potential liability of such owner for such costs for purposes of paragraph two of subdivision c of this section, where no prior notice of potential liability for such costs has been sent.
e. The city collector shall maintain copies of any notices of potential liability for the costs of response measures, together with statements indicating the dates such notices were mailed, filed by any agency designated pursuant to subdivision b of this section, and copies of any notices sent pursuant to subdivision d of this section, together with statements reciting the dates such notices were mailed.
f. If such costs are not paid within thirty days from the date that notice is sent pursuant to subdivision d of this section, it shall be the duty of the city collector to receive interest thereon at the rate of interest applicable to such property for a delinquent tax on real property to be calculated to the date of payment from the date of entry.
g. Such costs and the interest thereon shall continue to be, until paid, a lien on the property. Such lien may be satisfied in accordance with the provisions of section thirteen hundred fifty-four of the real property actions and proceedings law.
h. Any lien imposed by this section shall be subject to the rights of any mortgagee or lienor whose interest is perfected before notice of the lien has been filed in the office of the city collector, as provided in subdivision c of this section. Any such mortgagee or lienor shall be afforded the same protections against such lien as afforded under law against a judgment lien which arises out of an unsecured obligation and which arises as of the time of the filing of the notice of the lien imposed by this section.
i. (1) In any proceedings to enforce or discharge the lien, the validity of the lien shall not be subject to challenge based on (i) the lawfulness of the response measure implemented; or (ii) the propriety and accuracy of the items of expenses for which a lien is claimed, except as provided in this subdivision.
(2) No such challenge may be made except by the owner of the property.
(3) An issue specified in paragraph one which was decided or could have been contested in a prior court proceeding or action shall not be open to re-examination.
(4) With respect to any issue specified in paragraph one of this subdivision the certificate filed pursuant to section 24-606 shall be presumptive evidence of the facts stated therein.
j. In addition to establishing a lien, the city may recover such costs and interest thereon by bringing an action against the responsible person. The institution of such action shall not suspend or bar the right to pursue any other lawful remedy for the recovery of such costs.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/042.
