2023 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, 2026
* 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, 2026
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.