NY Pub Health L § 12 (2021)
2021 New York Laws PBH - Public Health Article 1 - Short Title and Definitions: General Provisions Title 2 - General Provisions 12 - Violations of Health Laws or Regulations; Penalties and Injunctions.

§  12.  Violations  of  health  laws  or  regulations;  penalties  and injunctions. * 1. (a) Except as provided in paragraphs (b)  and  (c)  of this  subdivision,  any  person who violates, disobeys or disregards any term or provision of this chapter or of  any  lawful  notice,  order  or regulation  pursuant  thereto for which a civil penalty is not otherwise expressly prescribed by law, shall be liable to the people of the  state for a civil penalty of not to exceed two thousand dollars for every such violation.  (b)  The penalty provided for in paragraph (a) of this subdivision may be increased to an amount not to exceed  five  thousand  dollars  for  a subsequent  violation  if  the person committed the same violation, with respect to the same or any other person or persons, within twelve months of the initial violation for which a penalty was  assessed  pursuant  to paragraph  (a)  of  this  subdivision and said violations were a serious threat to the health and safety of an individual or individuals.  (c) The penalty provided for in paragraph (a) of this subdivision  may be  increased  to  an  amount  not to exceed ten thousand dollars if the violation directly results in serious physical harm to  any  patient  or patients.   Effective on and after April first, two thousand eight the comptroller is hereby authorized and directed to deposit amounts collected in excess of  two  thousand  dollars  per  violation  to the patient safety center account to be used for purposes of the patient safety center created  by title two of article twenty-nine-D of this chapter.   * NB Effective until April 1, 2023   * 1.  Any  person  who  violates,  disobeys  or disregards any term or provision of this chapter or of any lawful notice, order  or  regulation pursuant  thereto  for  which a civil penalty is not otherwise expressly prescribed by law, shall be liable to the people  of  the  state  for  a civil  penalty  of  not  to  exceed  two thousand dollars for every such violation.   * NB Effective April 1, 2023   2. The penalty provided for in subdivision one of this section may  be recovered  by  an  action  brought  by  the commissioner in any court of competent jurisdiction.   3. Nothing in this section contained shall be construed  to  alter  or repeal any existing provision of law declaring such violations or any of them to be misdemeanors or felonies or prescribing the penalty therefor.   4.   Such  civil  penalty  may  be  released  or  compromised  by  the commissioner before  the  matter  has  been  referred  to  the  attorney general,  and  where  such  matter  has  been  referred  to the attorney general, any such penalty may be released or compromised and any  action commenced  to  recover  the  same may be settled and discontinued by the attorney general with the consent of the commissioner.   5. It shall be the duty of the attorney general upon  the  request  of the commissioner to bring an action for an injunction against any person who  violates,  disobeys  or  disregards  any  term or provision of this chapter or of any lawful notice, order or regulation  pursuant  thereto; provided,  however,  that  the  commissioner  shall furnish the attorney general with such material,  evidentiary  matter  or  proof  as  may  be requested by the attorney general for the prosecution of such an action.   6.  It  is  the  purpose  of  this  section  to provide additional and cumulative remedies, and nothing herein contained shall abridge or alter rights of action or remedies now or hereafter existing,  nor  shall  any provision  of  this  section,  nor  any  action  done  by virtue of this section, be construed as estopping the state, persons or  municipalities in the exercising of their respective rights to suppress nuisances or to prevent or abate pollution.