NY Pub Health L § 1330 (2021)
2021 New York Laws PBH - Public Health Article 13 - Nuisances and Sanitation Title 4 - Labor Camp Sanitation 1330 - Labor Camps; Violations; Notice; Injunction; Administrative Proceedings.

§  1330.  Labor  camps; violations; notice; injunction; administrative proceedings. 1. When it appears to an officer  that  there  has  been  a violation of the public health law or sanitary code at or in relation to any  labor  camp  and  such  violation  continues two days after written notice and demand for the discontinuance  thereof,  served  as  provided herein,  he  shall  proceed pursuant to subdivision two or three of this section with respect to such violation.   2. An officer may institute proceedings to enjoin the  continuance  of such violation or the continued operation of such camp and, for purposes of  such  proceedings, a violation of any provision of the public health law or of the sanitary code shall be considered a public nuisance  which may  be enjoined or restrained. No bond or undertaking shall be required of such officer in such proceedings and  no  application  to  vacate  or modify  any  judgment obtained shall be entertained by any court without proof to such court that ten days notice of such application, and copies of the papers upon which the application is to be made, have been served upon such officer.   3. (a) A hearing may be held, upon notice of not less than three days, before an officer or  his  representative.  The  officer  shall  make  a determination  with  respect  to  any alleged violation and may assess a penalty not to exceed one hundred dollars for each  violation,  provided that  (i)  if  the respondent establishes that a violation which existed prior to the service of the notice of hearing  ceased  to  exist  on  or prior to the date originally set for the hearing and has not reoccurred, then  any  penalty assessed for such violation shall be suspended on the condition that it will not reoccur during the next twenty-four months or (ii) for initial violations only which do  not  involve  a  serious  and immediate risk to health or safety, if, prior to the date originally set for  the  hearing,  an  application  for a loan for a farmworker housing project is made pursuant to section five hundred  seventy-six-d  of  the private  housing  finance  law  and  a  satisfactory plan for curing the conditions giving rise to the violation is submitted to and approved  by the  department,  then  any  penalty  assessed  may  be  vacated if such violation is cured within a reasonable period of time.  In  assessing  a penalty hereunder, consideration shall be given to good faith efforts to cure  the  violation made on or prior to the date originally set for the hearing. A violation which continues for more than  one  day  after  the expiration  of  the  two days for compliance provided for in subdivision one shall be considered to be a separate violation for each day that  it continues  after  such  notice  and  demand for discontinuance have been served.  (b) The notice of hearing also may provide that the labor camp may  be ordered  vacated  if such an order is determined to be necessary for the health and safety of its occupants or of the community in  which  it  is located.  If  the  notice of hearing contains this provision and such an order is determined to be necessary, then the officer shall  issue  such order.  (c)  The hearing officer acting pursuant to this subdivision may issue subpoenas which shall be regulated by the civil practice law and rules.   4. Before the effective date of an order  or  judgment  enjoining  the continued operation of a camp pursuant to subdivision two or of an order directing  the  vacating of such camp pursuant to subdivision three, the officer shall notify the county agricultural agent,  the  representative of  the  nearest  office of the state employment service, and the county social services commissioner.   5. A notice required by this section may be served upon the  owner  or operator  of the camp in the same manner as a summons in a civil action, or by registered mail to such owner or operator at the address filed  by  him  in  the department or county health department or, if an address is not so filed, to his last known address or place of residence.   6.  An officer may request and shall receive from all public officers, departments and agencies of the state  and  its  political  subdivisions such  cooperation  and  assistance  as may be necessary or proper in the enforcement of the provisions of this section.   7. Nothing contained in this section shall be construed to  limit  the duty or power of an officer to act with regard to an immediate threat to the  health  of  the occupants of a camp or the community in which it is located, or to alter or abridge any of the  duties  and  powers  now  or hereafter  existing in the commissioner, state district health officers, county boards of health, county commissioners of health, local boards of health or other public agencies or  public  officials,  or  any  private party.   8.  As  used  in  this  section,  the  term  "officer"  shall mean the commissioner, or the county commissioner of health or the state district health officer having jurisdiction.