§ 17-131 Order for examination before justice of supreme court.

   a.   Any justice of the supreme court of the first or second department, or who is holding court or chambers therein, upon the written application of the commissioner, may issue his or her order by him or her subscribed, for the examination without unreasonable delay by or before such justice of any person or persons, and the production of books or papers or the inspection and taking of copies of the whole or parts thereof, at a time and place within the city, and in such order to be named, provided it shall appear to the satisfaction of such justice or court that any matter or point affecting life or health is involved. It shall be the duty of such justice to take or superintend such examination, which shall be under oath, and shall be signed by the party or parties examined and be certified by the justice, and with any copies of books or papers, to be delivered to the department for the use of the department.

   b.   Such examination, and any proceeding connected therewith, or under such order, may wholly or in part be had, conducted or continued by or before any other of such justices, as well as that one who made the order; and in and about the same, every such justice shall have as full power and authority to punish for contempt, and enforce obedience to such or other order or direction or that of any other judge respecting the matter as any such justice of the supreme court may now have, or shall possess, to enforce obedience or punish contempt in any case or matter whatsoever. Such application shall name or describe the person or persons whose examination is sought, and so far as possible the books or papers desired to be inspected, and the matter or points affecting life or health as to which the commissioner requests the examination to take place, and the justice shall on the proceedings, decide what questions are pertinent and allowable in respect thereto, and shall require the same to be properly answered; but no answer of any person so examined shall be used in any criminal proceeding. Service of any order of any such justice may be made, and the same proved in the same manner as the service of either an injunction or a subpoena. And it shall be the duty of the justice to facilitate the early determination of the proceedings.

§ 17-132 Appearance and examination of witnesses.

Upon the application of any party in interest in any matter pending examination before the department, by affidavit, stating the grounds of such application, to any judge of a court of record, and asking that any person or persons therein named shall appear before the department, or any person taking or about to take such examination, at some time or times and place to be stated in the affidavit, it shall be the duty of such judge, if he or she shall discover reasonable cause so to do, to issue his or her order requiring such person or persons named to appear and submit to such examination as, and to the extent such order may state, at the time and place to be in the order named; and the order, signed by such judge, may be served, and shall in all respects be obeyed as a subpoena duly issued. A refusal to submit to the proper examination may be punished by such judge or by any judge of such court as a contempt of court, upon the facts as to such refusal being brought before any such judge by affidavit.

§ 17-133 Penalties.

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 rule or sanitary regulation duly made, shall be liable to pay a penalty not exceeding the maximum amount allowed by the health code of the city of New York, or any other applicable law, rule or regulation. 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.

§ 17-133.1 Failure to abate rodents; penalties.

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.

§ 17-133.2 Rat mitigation zones.

   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)

§ 17.133.3 Rat mitigation reporting.

   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)

§ 17-134 Joinder of defendants.

Any suit instituted by the department for the recovery of a penalty may be against one or more of those who participate in the acts, refusals or omissions complained of, and the recovery may be against one or more of those joined in the action as the justice of the court shall direct.