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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.
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.
a. A preliminary injunction shall be granted against the department or its officers, only by the supreme court at a special term thereof after service of at least five days notice of a motion for such injunction, together with copies of the papers on which the motion for such injunction is to be made.
b. Whenever the department shall seek any provisional remedy or prosecute any appeal, it shall be unnecessary to give any undertaking before obtaining or prosecuting the same.
It shall be the duty of all prosecuting officers of criminal courts, and judges of the New York city criminal court to act promptly upon all complaints, and in all suits or proceedings for a violation of any health law, and in all proceedings approved or promoted by the department, and to bring the same to a speedy hearing and termination and to render judgment and direct execution therein without delay.
a. Service of any order of the department or board shall be deemed sufficient if made:
1. Upon a principal person interested in the business, property, matter or thing, or the nuisance or abuse to which such order relates; or
2. Upon a principal officer charged with a duty in relation thereto; or
3. Upon a person, officer or department, or an officer or employee of such a department, who may be most interested in or affected by its execution.
b. If such order relate to any building or the drainage, sewerage, cleaning, purification or ventilation thereof, or of any lot or ground on or in which such building stands, used for or intended to be rented as the residence or lodging place of several persons or as a multiple dwelling, service of such order on the agent of any person or persons for the renting or for the collecting of rent thereof, or of the parts thereof to which such order may relate, shall be of the same effect and validity as due service made upon the principal of such agent or upon the owners, lessees, tenants or occupants of such buildings, or parts thereof, or of the subject matter to which such order relates.
The word "nuisance", shall be held to embrace public nuisance, as known at common law or in equity jurisprudence; whatever is dangerous to human life or detrimental to health; whatever building or erection, or part or cellar thereof, is overcrowded with occupants, or is not provided with adequate ingress and egress to and from the same or the apartments thereof, or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted in reference to its intended or actual use; and whatever renders the air or human food or drink, unwholesome. All such nuisances are hereby declared illegal.
a. It is hereby declared to be the duty, of which there shall be a joint and several liability, of every owner, part owner, person interested, and every lessee, tenant, and occupant, of, or in, any place, water, ground, room, stall, apartment, building, erection, vessel, vehicle, matter and thing in the city, and of every person conducting or interested in business therein or thereat, and of every person who has undertaken to clean any place, ground or street therein, and of every person, public officer and board having charge of any ground, place, building or erection therein, to keep, place and preserve the same and every part, and the sewerage, drainage and ventilation thereof in such condition, and to conduct the same in such manner that it shall not be dangerous or prejudicial to life or health, subject to the health code and orders of the department.
b. A food service establishment that violates this section or any rule promulgated thereunder in a manner that does not present an imminent health hazard or public health hazard, as such terms are defined in section 81.03 of the health code of the city of New York, shall be subject to a civil penalty of $500; except that such food service establishment shall not be subject to a civil penalty for a first-time violation if such food service establishment proves to the satisfaction of the department, within seven days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a food service establishment that has received, for the first time, a notice of violation of this section or any rules promulgated pursuant thereto. The department shall permit such proof to be submitted electronically or in person. A food service establishment may seek review, in the office of administrative trials and hearings, of the determination that the food service establishment has not submitted proof of a cure within 15 days of receiving written notification of such determination.
(Am. L.L. 2021/080, 7/18/2021, eff. 1/14/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.
Whenever any building, erection, excavation, premises, business pursuit, matter or thing, or the sewerage, drainage or ventilation thereof, in the city, in the opinion of the board, whether as a whole or in any particular, shall be in a condition or in effect dangerous to life or health, and whenever there shall be growing on any property any ragweed or other species of weed, plant or growth which is noxious or detrimental to the public health, or the seed, pollen or other emanation whereof, when carried through the air or otherwise dispersed, is noxious or detrimental to the public health, the board may take and file among its records what it shall regard as sufficient proof to authorize its declaration that the same, to the extent it may specify, is a public nuisance, or dangerous to life or health; and may thereupon enter the same in its records as a nuisance, and order the same to be removed, abated, suspended, altered, or otherwise improved or purified, as such order shall specify. The borough presidents and the commissioner of transportation are authorized to furnish the department with information in writing as to properties and locations where such noxious weeds and growths may be found.
If any party, within three days after service or attempted service of such order upon him or her and before its execution is commenced, shall apply to the board, or the chairperson thereof, to have such order or its execution stayed or modified, it shall then be the duty of the board to temporarily suspend or modify it at the execution thereof, save in cases of imminent peril to the public health, when the board may exercise extraordinary powers, as specified in section five hundred sixty-three of the charter and to give such party or parties together, as the case in the opinion of such board may require, a reasonable and fair opportunity to be heard before it and to present facts and proofs, according to its rules and directions, against such declaration and the execution of such order, or in favor of its modification, according to the regulation of the board. Such board shall enter in its minutes such facts and proofs as it may receive and its proceedings on such hearing, and any other proof it may take; and thereafter may rescind, modify or reaffirm its declaration and order, and require execution of the original, or of a new or modified order to be made in such form and effect as it may finally determine.
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