a. In addition to police officers, authorized officers and employees of the department of transportation and of other city agencies who are designated by the commissioner shall have the power to enforce the provisions of this subchapter and the rules and orders of the commissioner in relation thereto and to issue summonses and appearance tickets returnable in the criminal court and notices of violation returnable before the environmental control board for violations thereof.
b. In addition to the orders specifically referred to in this subchapter, the commissioner shall have the power to issue any other orders which may be necessary or appropriate (i) to enforce compliance with any of the provisions of this subchapter or of section 24-521 of the code, the rules of the department in relation thereto or the terms or conditions of any permit issued pursuant thereto, or (ii) to remedy any condition found to exist on any street which is in violation of any of the provisions of this subchapter or of section 24-521 of the code, the rules of the department in relation thereto or the terms or conditions of any permit issued pursuant thereto. Such orders shall be served in the manner provided by the rules of the department. The commissioner shall afford the persons to whom such order is directed an opportunity to be heard in accordance with the rules of the department.
c. The commissioner may request the corporation counsel to institute any action or proceeding that may be appropriate or necessary to restrain, correct or abate a violation of this subchapter or of section 24-521 of the code or the rules of the department in relation thereto or to compel compliance with any order issued by the commissioner thereunder or with the terms or conditions of any permit issued pursuant to this subchapter. Such actions and proceedings may be instituted by the corporation counsel in any court of appropriate jurisdiction. In such actions or proceedings the city may apply for restraining orders, preliminary injunctions or other provisional remedies. The court to which such application is made may make any or all of the orders specified as may be required in such application, with or without notice, and may make such other or further orders or directions as may be necessary to render the same effectual.
d. If the commissioner finds that any work in violation of this subchapter or of section 24-521 of the code, the rules of the department or the terms or conditions of a permit issued pursuant to this subchapter creates an imminent danger to life or safety, he or she may issue an order to cease and desist. Such order shall be given orally or in writing to the persons executing the work and shall require immediate compliance therewith. The order may also require such persons to execute such work or take such action as the commissioner determines may be necessary to remove the danger or otherwise make the street reasonably safe, including but not limited to filling in an excavation and repairing, restoring or replacing the pavement thereon or removing construction material or equipment or dirt, debris or rubbish therefrom.
e. In addition to any other remedies or penalties set forth in this subchapter, upon the failure to comply with an order issued by the commissioner to remedy any condition on any street which is in violation of this subchapter, or of section 24-521 of the code, the rules of the department in relation thereto or the terms or conditions of a permit issued pursuant to this subchapter, including an order to cease and desist, within the time set forth in such order, the commissioner may execute the work required to be executed in such order. All costs and expenses of the city for such work may be recovered from the persons who are found to be liable for the violation. Before undertaking to execute any work required by an order, other than work required by an order to cease and desist, the commissioner shall afford the persons to whom such order is directed an opportunity to be heard in accordance with the rules of the department.
f. The provisions of sections 19-149 and 19-150 shall be construed to provide that a permittee or a person for whose benefit any activity for which a permit is required pursuant to this subchapter is performed shall be liable with his or her employee, agent or independent contractor for a violation of the provisions of this subchapter or of section 24-521 of the code or any order issued by or rule promulgated by the commissioner pursuant thereto or the terms or conditions of any permit issued pursuant thereto which is committed by such employee, agent or independent contractor in the course of performing the activity for which a permit was issued to such permittee or the activity which benefited such person. Notwithstanding the foregoing provision in any action or proceeding against a person who owns or leases real property for a violation arising out of work in a street which benefited the real property owned or leased by such person, it shall be an affirmative defense by such owner or lessee that the work which was the subject of such violation was performed by a licensed master plumber as defined in subdivision e of section 26-141 of the administrative code under a permit issued by the department or by an operator of an underground facility as defined in 12 NYCRR 53-1.5.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.