2023 New York Laws › PBH - Public Health › Article 13-D - Regulation of Housing; Used as Accommodations by Employees of Certain Motels and Hotels › 1399-K - Violations Notice; Administrative Procedure; Temporary Restraining Order.

§  1399-k.  Violations  notice;  administrative  procedure;  temporary
restraining order.  1. A violation of the public health law  or  of  the
sanitary code relating to the housing of motel and hotel employees shall
constitute a public nuisance which may be enjoined or restrained.
2.  When  an  officer  has  cause  to  believe  that  there has been a
violation of the public health law or of the sanitary code or any  other
rules  or  regulations  promulgated  pursuant to article nineteen of the
labor law in the housing of motel and  hotel  employees  and  that  such
violation  has  continued  for  more than three days after notice of the
violation and demand for discontinuance and abatement thereof  has  been
served  in writing on the owner or his agent authorized to receive legal
notice in the manner prescribed for the service of summons set forth  in
the civil practice law and rules, an officer may:
(a)  Conduct  a  hearing upon at least three days notice served on the
owner or his aforementioned agent  in  the  manner  prescribed  for  the
service of summons as set forth in the civil practice law and rules, and
(b)  Make  a  determination  after  such  hearing  with respect to the
alleged violation or violations and have the power to assess a  fine  on
the owner of such motel or hotel not to exceed two hundred fifty dollars
for  each  violation  for  each  day  succeeding the third day after the
notice of violation and demand for discontinuance and abatement  thereof
has been given, and
(c)  With  respect  to  the  hearing  set  forth herein the officer in
accordance with the civil practice law and rules  may:  issue  subpoena,
compel  the  attendance of witnesses, and administer oaths to witnesses,
and
(d) Make an ex parte application to the supreme court of the state  of
New  York  for  a  temporary restraining order which the court may grant
when it determines that there is a violation  which  requires  immediate
relief.
3.  The  officer  may appoint one or more hearing officers as shall be
necessary to do or perform in his place or stead the acts authorized  by
paragraphs  (a)  and (c) of this section. The hearing officer shall make
findings of fact and submit recommendations to the officer.
4. An officer may institute proceedings to enjoin the  continuance  of
such  violation  or  the  continued operation of such motel or hotel. 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.
5. 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 motel or hotel 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 or
local boards of health.