Section 560. Temporary hospitals during epidemic or imminent peril.

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.

Section 561. Permits.

   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.

Section 562. Failure to observe order; penalty.

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.

Section 563. Declaration of imminent peril.

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.

Section 564. Suits and service of papers.

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.

Section 566. Right of entry of officers of department.

The commissioner and such officers or employees of the department as are designated by him may, at reasonable times, and pursuant to a search warrant when required by law, without fee or hindrance enter, examine and inspect all vessels, premises, grounds, structures, buildings and every part thereof and all underground passages of every sort in the city for compliance with the provisions of law enforced by the department and its rules and regulations and may make plans, drawings and descriptions thereof, according to the regulations of the department. The owner or his agent or representative and the lessee or occupant of any such premises, grounds, structures, buildings and every part thereof and all underground passages of every sort in the city and every part thereof and every person having the care and management thereof, shall at all reasonable times, when required by any such officers or employees, give them free access thereto, and refusal so to do shall be triable by a judge of the New York city criminal court and shall be treated and punished as a misdemeanor.

Section 567. Acceptance of private funds.

No grant, gift, devise, legacy or bequest made to the city or to the department for work to be done within the jurisdiction of the department shall be accepted, and no work or research paid for from private sources shall be carried on under the jurisdiction of the department except with the approval of the commissioner.