2023 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.