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Every person, corporation, or body that shall violate or not conform to any provisions of the health code of the city of New York or any applicable law, rule or regulation pertaining to the eradication of rodents, the elimination of rodent harborages or other rodent related nuisances shall be liable to pay a civil penalty of not less than three hundred dollars for the first violation. The penalty for each subsequent violation of the same provision of law, rule or regulation, at the same premises and under the same ownership or control, within a two-year period, shall be double the amount of the previous violation; provided, however, that such penalty shall not exceed the maximum allowable penalty set forth in section 17-133 of this code. Such penalties may be sued for and recovered by and in the name of the department, with costs, before any judge, justice, administrative law judge or hearing examiner in the city having jurisdiction of such or similar actions. The judge, justice, administrative law judge or hearing examiner who presided at a trial or hearing where such penalty is determined and assessed shall fix, in writing, the amount of the penalty to be recovered, and shall direct that such amount be included in the judgment or decision.
a. No later than April 1, 2023, the department shall designate, by rule, one or more rat mitigation zones. In designating such zones, the department shall consider the following criteria:
1. The number and percentage of inspections for rat activity for properties within a given sanitation district or community district that resulted in the issuance of an order pursuant to section 151.02 of the New York city health code or an agency referral letter related to rat activity, and the location of such properties within such sanitation or community district;
2. The number and percentage of inspections for rat activity for properties within a given sanitation district or community district that have resulted in the issuance of a notice of violation pursuant to section 3.05 or section 151.02 of the New York city health code, and the location of such properties within such sanitation or community district;
3. The number of rat exterminations at properties within a given sanitation district or community district executed by the department pursuant to section 17-147, following a failure to comply with an order issued pursuant to section 151.02 of the New York city health code, and the location of such properties within such sanitation or community district;
4. The number and nature of 311 requests for service or complaints related to rat activity within any 12-month period within a given sanitation district or community district; and
5. The susceptibility of any properties managed by the department of parks and recreation within a given sanitation district or community district to rat infestation.
b. The department shall periodically review the criteria set forth in subdivision a of this section and may, by rule, and in accordance with such review, eliminate existing rat mitigation zones, change the boundaries of existing rat mitigation zones, or designate new rat mitigation zones.
c. The department may, in conjunction with any action taken pursuant to subdivision a or b of this section, and in consultation with the department of sanitation, review the boundaries of sanitation districts, or sections within sanitation districts, and may establish boundaries of rat mitigation zones that are, in whole or in part, coterminous with sanitation districts, or sections within sanitation districts.
d. The department may, in conjunction with any action taken pursuant to subdivision a or b of this section, consider the availability of resources to implement rat mitigation measures and, in designating rat mitigation zones, eliminating existing rat mitigation zones, or changing the boundaries of existing rat mitigation zones, exercise its discretion to maximize the efficient use of such resources.
e. If the department, following any review of a rat mitigation zone conducted pursuant to subdivision b of this section, determines, in consultation with the department of sanitation, that any rat mitigation measure applicable pursuant to law or rule only within a rat mitigation zone should be continued, then the department need not eliminate or change the boundaries of a rat mitigation zone, even if such review otherwise indicates that such rat mitigation zone should be eliminated, or its boundaries changed.
(L.L. 2022/110, 11/18/2022, eff. 11/18/2022)
a. No later than November 1, 2023, and by November 1 annually thereafter, the department shall submit to the mayor and the speaker of the council, and make publicly available online, a report that details rat mitigation efforts in the rat mitigation zones designated by the department pursuant to subdivision a of section 17-133.2.
b. Such report shall include, but not be limited to:
1. The metrics that the department is using to measure the efficacy of rat mitigation in such zones, including a description of whether the department has seen improvement, as measured by such metrics, and, if so, how such improvement has been achieved;
2. An overview of current and planned rat mitigation measures, including goals and specific benchmarks and timelines, in each such zone;
3. A description of the public outreach measures undertaken by the department in relation to rat mitigation in each such zone;
4. Explanations of the creation or elimination of rat mitigation zones, or any change of boundaries of such zone, since the previous report, if applicable; and
5. Explanations of any changes to the rat mitigation measures used in each such zone since the previous report, if applicable.
(L.L. 2022/108, 11/18/2022, eff. 11/18/2022)
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