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The commissioner, with the concurrence of the board of health, may adopt a seal which may be used for the authentication of the orders and proceedings of the board and of the department and in commissioning the officers and agents of the department and otherwise as may be provided for by the commissioner or in the health code.
The board of health, during the prevalence of an epidemic or in the presence of great and imminent peril to the public health and when in the board's judgment it is necessary to do so, may take possession of any buildings in the city for temporary hospitals and shall pay a just compensation for any private property so taken. Such temporary hospitals shall be under the control of the commissioner.
a. The board of health in its discretion may grant, suspend or revoke permits for businesses or other matters in respect to any subject dealt with in the health code and regulated by the department and may prescribe reasonable fees for the issuance of said permits. Whenever the board of health in the health code authorizes the issuance, suspension or revocation of a permit by the commissioner, his action shall be subject to review by the board of health upon an appeal by the party aggrieved under such rules as the board may provide. Such rules may provide in what cases an appeal may stay the action of the commissioner until final determination by the board of health, but notwithstanding any such rule the board of health shall have power to grant or refuse a stay in any particular case.
b. Every application for a permit or a renewal of an existing permit issued by the commissioner pursuant to this section shall provide an opportunity for the applicant to indicate the language in which such applicant would prefer that inspections in connection with such permit be conducted or alternatively for which language interpretation services be provided. Nothing in this subdivision nor any failure to comply with such preference shall be construed so as to create a cause of action or constitute a defense in any legal, administrative, or other proceeding.
Except in cases where it is otherwise provided by law, every violation, neglect or refusal by any person to comply with any order of the commissioner or the board of health shall be triable by a judge of the New York city criminal court and shall be treated and punished as a misdemeanor.
In the presence of great and imminent peril to the public health, the board of health, having first taken and filed among its records what it regards as sufficient proof to authorize a declaration of such peril, shall take such measures, and order the department to do such acts beyond those duly provided for the preservation of the public health, including the power to take possession of and occupy as a hospital any building or buildings in the city, as the board, in good faith may declare the public safety and health to demand, and the mayor shall in writing approve. No expenditure shall be incurred in the exercise of such extraordinary power, however, unless provision is made therefor in the budget or unless such expenditures are financed pursuant to sections one hundred seven or section 29.00 of the local finance law. Such peril shall exist when and for such period of time as the board of health and mayor declare.
The department may sue and be sued in and by the proper name of "Department of Health and Mental Hygiene of the City of New York", and service of all process in suits and proceedings against or affecting the department, or other papers, may be made upon the commissioner or official designated by him, and not otherwise; except that, according to usual practice in other suits, papers in suits to which the department is a party may be served on the corporation counsel or such assistant as may be assigned by him to the department.
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