§ 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.

§ 17-135 Court fees not to be charged.

The department shall not be subject to the payment of any fees to any court, magistrate or clerk for the issuance of any paper or process or for the performance of any duty in suits brought for the recovery of a penalty.

§ 17-136 Costs.

   a.   If the department, in an action for a penalty, recover judgment in any amount, costs of the court in which the action is brought shall also be recovered without reference to the amount of the recovery, provided payment was demanded before suit brought, and the defendant or defendants against whom recovery is had, did not, as article thirty-two of the civil practice law and rules authorizes, offer to pay an amount equal to the recovery against him or them, except that where the recovery shall be less than fifty dollars, the amount of costs shall be ten dollars.

   b.   The department shall not be subject to the payment of costs unless the judge or justice, at the conclusion of the trial, shall certify in writing that there was not reasonable cause for bringing the action. In such case the costs shall not exceed ten dollars, unless the amount claimed exceeded fifty dollars.

§ 17-137 Jurisdiction; title to real estate.

If the defendant is sought by the pleadings to be charged in an action for the recovery of a penalty on any grounds other than by virtue of ownership of real estate, no court shall lose jurisdiction by reason of the plea that title to such real estate is involved.

§ 17-138 Officers to be peace officers.

Every officer and inspector of the department is hereby declared to be a peace officer, pursuant to section 2.10 of the criminal procedure law, and is hereby authorized and empowered, subject to the regulations of the department, to proceed in the same manner and with like force and effect as a police officer in respect to procuring, countersigning and serving the summons referred to therein.