N.Y. Public Health Law § 1330: Labor camps; violations; notice; injunction; administrative proceedings

§ 1330. Labor camps; violations; notice; injunction; administrative

proceedings. 1. When it appears to an officer that there has been a

violation of the public health law or sanitary code at or in relation to

any labor camp and such violation continues two days after written

notice and demand for the discontinuance thereof, served as provided

herein, he shall proceed pursuant to subdivision two or three of this

section with respect to such violation.

2. An officer may institute proceedings to enjoin the continuance of

such violation or the continued operation of such camp and, for purposes

of such proceedings, a violation of any provision of the public health

law or of the sanitary code shall be considered a public nuisance which

may be enjoined or restrained. No bond or undertaking shall be required

of such officer in such proceedings and no application to vacate or

modify any judgment obtained shall be entertained by any court without

proof to such court that ten days notice of such application, and copies

of the papers upon which the application is to be made, have been served

upon such officer.

3. (a) A hearing may be held, upon notice of not less than three days,

before an officer or his representative. The officer shall make a

determination with respect to any alleged violation and may assess a

penalty not to exceed one hundred dollars for each violation, provided

that (i) if the respondent establishes that a violation which existed

prior to the service of the notice of hearing ceased to exist on or

prior to the date originally set for the hearing and has not reoccurred,

then any penalty assessed for such violation shall be suspended on the

condition that it will not reoccur during the next twenty-four months or

(ii) for initial violations only which do not involve a serious and

immediate risk to health or safety, if, prior to the date originally set

for the hearing, an application for a loan for a farmworker housing

project is made pursuant to section five hundred seventy-six-d of the

private housing finance law and a satisfactory plan for curing the

conditions giving rise to the violation is submitted to and approved by

the department, then any penalty assessed may be vacated if such

violation is cured within a reasonable period of time. In assessing a

penalty hereunder, consideration shall be given to good faith efforts to

cure the violation made on or prior to the date originally set for the

hearing. A violation which continues for more than one day after the

expiration of the two days for compliance provided for in subdivision

one shall be considered to be a separate violation for each day that it

continues after such notice and demand for discontinuance have been

served.

(b) The notice of hearing also may provide that the labor camp may be

ordered vacated if such an order is determined to be necessary for the

health and safety of its occupants or of the community in which it is

located. If the notice of hearing contains this provision and such an

order is determined to be necessary, then the officer shall issue such

order.

(c) The hearing officer acting pursuant to this subdivision may issue

subpoenas which shall be regulated by the civil practice law and rules.

4. Before the effective date of an order or judgment enjoining the

continued operation of a camp pursuant to subdivision two or of an order

directing the vacating of such camp pursuant to subdivision three, the

officer shall notify the county agricultural agent, the representative

of the nearest office of the state employment service, and the county

social services commissioner.

5. A notice required by this section may be served upon the owner or

operator of the camp in the same manner as a summons in a civil action,

or by registered mail to such owner or operator at the address filed by

him in the department or county health department or, if an address is

not so filed, to his last known address or place of residence.

6. An officer may request and shall receive from all public officers,

departments and agencies of the state and its political subdivisions

such cooperation and assistance as may be necessary or proper in the

enforcement of the provisions of this section.

7. Nothing contained in this section shall be construed to limit the

duty or power of an officer to act with regard to an immediate threat to

the health of the occupants of a camp or the community in which it is

located, or to alter or abridge any of the duties and powers now or

hereafter existing in the commissioner, state district health officers,

county boards of health, county commissioners of health, local boards of

health or other public agencies or public officials, or any private

party.

8. As used in this section, the term "officer" shall mean the

commissioner, or the county commissioner of health or the state district

health officer having jurisdiction.