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§ 17-118 Putrid cargoes, et cetera, may be destroyed.
The department, when it shall judge it necessary, may cause any cargo or part thereof, or any matter or thing within the city, that may be putrid or otherwise dangerous to the public health, to be destroyed or removed. Such removal, when ordered, shall be to such place as the department shall direct; such removal or destruction shall be made at the expense of the owner or owners of the property so removed or destroyed. Money expended for the same may be recovered from such owner or owners, in an action at law by the department.
§ 17-119 Drainage; orders therefor; maps.
   a.   Whenever in its opinion the protection of the public health requires the drainage of any lands in the city, by means other than sewers, the department may make an order describing the location of such lands, and directing the proper drainage thereof, and construction of drains therefor, by the commissioner of design and construction.
   b.   The department after making such order, shall cause a map to be made on which shall be shown the location of such proposed drains and the lands required for the construction thereof.
   c.   The order shall be entered at length in the records of the department and a copy thereof shall be delivered to the commissioner of design and construction.
   d.   The map shall be filed in the department. A copy thereof shall be filed in the office of the register or county clerk of the county in which the lands are situated; another copy thereof shall be filed with the borough president of the borough in which the lands are situated; another copy with the copy of the order shall be filed with the commissioner of design and construction, who shall immediately thereafter have the power, and is hereby directed to make and adopt proper and suitable plans for the construction of such drains.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/059.
§ 17-120 Orders for paving, et cetera, yards and cellars; notice.
An order for the paving, filling, concreting, draining or regulating of any yards or cellars within the city shall be made by the department only upon reasonable notice to the owner or agent thereof.
§ 17-121 Care and treatment of physically handicapped children.
   a.   As used in this section, the following terms shall mean or include:
      1.   "Physically handicapped child." A person under twenty-one years of age who, by reason of a physical defect or infirmity, whether congenital or acquired by accident, injury or disease, is or may be expected to be totally or partially incapacitated for education or for remunerative occupation.
      2.   "Legally responsible relatives." The parent or parents of a physically handicapped child or any other person or persons liable under the law for the support of such child.
      3.   "Legal custodian." The parent or parents of a physically handicapped child having lawful custody of such child, or any other person or persons having lawful custody of such child.
   b.   Whenever the commissioner shall find, after investigation, that any physically handicapped child is in need of surgical, medical or therapeutic treatment or hospital care or appliances or devices, the commissioner, upon the request or with the consent of the legal custodian of such child, may order such surgical, medical or therapeutic treatment, hospital care or appliances or devices, and after investigation as provided in subdivision c hereof, may order the legally responsible relatives to pay the cost thereof.
   c.   The commissioner shall investigate the financial responsibility of the legally responsible relatives of such physically handicapped child. If the commissioner shall find, after such investigation, that the legally responsible relatives of such child are able to pay the whole or any part of the cost of such treatment, care or appliances and devices, and if such legally responsible relatives shall fail or refuse to comply with an order of the commissioner requiring them to pay the whole or any part of such cost, he or she may institute a proceeding in the family court of the state of New York within the city of New York, pursuant to the provisions of sections two hundred thirty-two through two hundred thirty-five of the family court act. Such a proceeding may likewise be instituted in the absence of an order requiring payment, where ability to pay is found.
§ 17-122 Judicial notice of seal and presumptions.
All courts shall take judicial notice of the seal of the department and of the signature of its secretary, chief clerk and assistant chief clerks.
§ 17-123 Window guards; notification to tenants.
   a.   All leases offered to tenants in multiple dwellings must contain a notice, conspicuously set forth therein, which advises tenants of the obligation of the owner, lessee, agent or other person who manages or controls a multiple dwelling to install window guards, and where further information regarding the procurement of such window guards is available.
   b.   The owner, lessee, agent or other person who manages or controls a multiple dwelling must cause to be delivered to each residential unit a notice advising occupants of the obligation of such owner, lessee, agent or other person who manages or controls a multiple dwelling to install window guards and where further information regarding the procurement of such window guards is available. Such notice must be provided on an annual basis in a form and manner approved by the department.
   c.   The department of health and mental hygiene shall promulgate such regulations as it deems necessary to comply with the provisions of this section, with respect to the annual notice to tenants, and the notice requirement in all multiple dwelling leases.
   d.   Any person who violates the provisions of this section, or the regulations promulgated hereunder, shall be guilty of a misdemeanor punishable by a fine of up to five hundred dollars or imprisonment for up to six months or both. In addition, any violation of this section shall constitute a civil violation subject to a penalty of not more than five hundred dollars per violation. A civil violation under this section shall be adjudicated before the administrative tribunal of the department.
§ 17-124 Aliens.
The commissioner may send to such place as he or she may direct, all aliens and other persons in the city, not residents thereof, who shall be sick of any communicable disease. The expense of the support of such aliens or other persons shall be defrayed by the city, unless such aliens or other persons shall be entitled to support from the commissioner of immigration and naturalization of the United States.
§ 17-125 Community air quality surveys and annual report.
   a.   For the purposes of this section, "pollutants" means particulate matter that is less than 2.5 micrometers in diameter, nitrogen dioxide, nitric oxide, sulfur dioxide and ground-level ozone.
   b.   The department shall conduct a community air quality survey on an annual basis. Such survey shall:
      1.   Measure pollutants at street-level at monitoring sites across the city of New York over every season of the year, selected to ensure that the number of monitoring sites provides adequate information to assess the range of common emissions sources and neighborhood pollutant concentrations across the city, as determined by the department. At the discretion of the department, data on ozone may be measured in the summer months only and data on sulfur dioxide may be measured in the winter months only;
      2.   Determine whether and how concentrations of pollutants near monitor sites vary across the city and the relationship, if any, of such concentrations to local traffic, building emissions and other factors;
      3.   Identify the major local sources of pollutants that contribute to local variation in the concentrations thereof;
      4.   Identify patterns of pollutants by geographic area, by source, and by season or time of year;
      5.   Produce maps indicating the varying concentration levels of pollutants across neighborhoods and by pollutant;
      6.   Write an annual report summarizing the results of the activities described in paragraphs one through five of this subdivision;
      7.   Include in such report the findings of any completed or ongoing health surveillance or research studies using community air quality survey data to estimate population exposure to pollutants; and
      8.   Describe in the report the scientific methodology used to select monitor locations for measuring pollutants and for studying variations in pollutant concentrations.  
   c.   Beginning April 22, 2016, and on or before April 22 annually thereafter, the department shall submit to the speaker of the council a report with the results of the annual community air quality survey for the most recently available year's analysis. The department shall post a copy of such annual report on the department's website. The data included in such posted report shall be in a machine-readable format.
(L.L. 2015/103, 11/4/2015, eff. 3/3/2016)
§ 17-127 Oxygen in courthouses.
There shall be placed at least two resuscitation devices in every courthouse in the city which shall be maintained in a conventionally available and safe place. The commissioner of citywide administrative services shall promulgate such rules and regulations as may be necessary for the training of department of citywide administrative services personnel in the operation and use of same and at the end of their course they shall receive a certification from the department.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/059.
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