N.Y. Public Health Law § 1102: Violation; injunction and abatement

§ 1102. Violation; injunction and abatement. 1. If any inspection

discloses a violation of any rule or regulation promulgated pursuant to

section one thousand one hundred of this chapter relating to a temporary

or permanent source or act of contamination, the person, officer, board,

or commission having the management and control of the potable water

supply of the municipality, state or United States institution, park,

reservation or post, and in the city of New York, the commissioner of

environmental protection, and the board of water supply of the city of

New York, or the corporation furnishing such supply shall cause a copy

of the rule or regulation violated to be served upon the person

violating the same, with a notice of such violation. If the person

served does not comply immediately with the rule or regulation violated,

such person, officer, board, corporation or commission, except in a case

concerning the violation of a rule or regulation relating to a temporary

or permanent source or act of contamination affecting the potable water

supply of the city of New York, shall notify the department of the

violation.

2. (a) Upon being notified of any violation as herein provided, the

department shall examine immediately into such violation; and if the

department finds such rule or regulation to have been violated, the

commissioner shall order the local board of health of the health

district wherein the violation or noncompliance occurs, to convene and

enforce compliance with such rule or regulation.

(b) If the local board of health of the health district wherein the

violation or noncompliance occurs, fails to enforce the order of the

commissioner within ten days after its receipt, the corporation

furnishing such water supply or the municipality, state, or United

States or state or United States institution, park, reservation or post

deriving its water supply from the waters to which such rule or

regulation relates, or the commissioner, or the local board of health of

the health district wherein the water supply protected by these rules is

used, or any person interested in the protection of the purity of the

water supply, may maintain an action in a court of record which shall be

tried in the county where the cause of action arose against such person,

for the recovery of the penalties incurred by such violation, and for an

injunction restraining the person violating such rule or regulation from

the continued violation thereof.

3. (a) If the person served with notice of violation does not comply

within five days with the rule or regulation violated, in case such rule

or regulation relates to a temporary or permanent source or act of

contamination affecting the potable water supply of the city of New

York, the commissioner of environmental protection of said city, or the

board of water supply of the city of New York, may summarily enforce

compliance with such rule or regulation and may summarily abate or

remove the cause of the violation of such rule or regulation or the

nuisance so created, and to that end may employ such force as may be

necessary and proper; provided, however, that no building or improvement

shall be removed, disturbed or destroyed by the said commissioner of

environmental protection or the said board of water supply until he or

they shall cause measurements to be made of the buildings and

photographs of the exterior views thereof, which measurements and

photographs shall be at the disposition thereafter of the owners or

their attorneys, and failure to exercise such right of abatement shall

not be deemed a waiver thereof.

(b) Failure to comply within five days with such rule or regulation

shall further entitle the city of New York to maintain an action in any

court having jurisdiction thereof for the recovery of the penalties

incurred by such violation in an amount authorized by section one

thousand one hundred three of this title and for an injunction

restraining the person from violating such rule or regulation, or

creating or continuing such nuisance. The remedy by abatement herein

provided for shall not be construed to be exclusive.