§ 1102 — Violation; injunction and abatement

New York § 1102

• Jurisdiction: New York
• Law PBH: Public Health
• Title 1: Potable Waters
• Art. 11: Public Water Supplies; Sewerage and Sewage Control

Text

§ 1102. Violation; injunction and abatement. 1. If any inspection\ndiscloses a violation of any rule or regulation promulgated pursuant to\nsection one thousand one hundred of this chapter relating to a temporary\nor permanent source or act of contamination, the person, officer, board,\nor commission having the management and control of the potable water\nsupply of the municipality, state or United States institution, park,\nreservation or post, and in the city of New York, the commissioner of\nenvironmental protection, and the board of water supply of the city of\nNew York, or the corporation furnishing such supply shall cause a copy\nof the rule or regulation violated to be served upon the person\nviolating the same, with a notice of such violation. If the person\nserved does not comply immediately with the rule or regulation violated,\nsuch person, officer, board, corporation or commission, except in a case\nconcerning the violation of a rule or regulation relating to a temporary\nor permanent source or act of contamination affecting the potable water\nsupply of the city of New York, shall notify the department of the\nviolation.\n 2. (a) Upon being notified of any violation as herein provided, the\ndepartment shall examine immediately into such violation; and if the\ndepartment finds such rule or regulation to have been violated, the\ncommissioner shall order the local board of health of the health\ndistrict wherein the violation or noncompliance occurs, to convene and\nenforce compliance with such rule or regulation.\n (b) If the local board of health of the health district wherein the\nviolation or noncompliance occurs, fails to enforce the order of the\ncommissioner within ten days after its receipt, the corporation\nfurnishing such water supply or the municipality, state, or United\nStates or state or United States institution, park, reservation or post\nderiving its water supply from the waters to which such rule or\nregulation relates, or the commissioner, or the local board of health of\nthe health district wherein the water supply protected by these rules is\nused, or any person interested in the protection of the purity of the\nwater supply, may maintain an action in a court of record which shall be\ntried in the county where the cause of action arose against such person,\nfor the recovery of the penalties incurred by such violation, and for an\ninjunction restraining the person violating such rule or regulation from\nthe continued violation thereof.\n 3. (a) If the person served with notice of violation does not comply\nwithin five days with the rule or regulation violated, in case such rule\nor regulation relates to a temporary or permanent source or act of\ncontamination affecting the potable water supply of the city of New\nYork, the commissioner of environmental protection of said city, or the\nboard of water supply of the city of New York, may summarily enforce\ncompliance with such rule or regulation and may summarily abate or\nremove the cause of the violation of such rule or regulation or the\nnuisance so created, and to that end may employ such force as may be\nnecessary and proper; provided, however, that no building or improvement\nshall be removed, disturbed or destroyed by the said commissioner of\nenvironmental protection or the said board of water supply until he or\nthey shall cause measurements to be made of the buildings and\nphotographs of the exterior views thereof, which measurements and\nphotographs shall be at the disposition thereafter of the owners or\ntheir attorneys, and failure to exercise such right of abatement shall\nnot be deemed a waiver thereof.\n (b) Failure to comply within five days with such rule or regulation\nshall further entitle the city of New York to maintain an action in any\ncourt having jurisdiction thereof for the recovery of the penalties\nincurred by such violation in an amount authorized by section one\nthousand one hundred three of this title and for an injunction\nrestraining the person from violating such rule or regulation, or\ncreating or continuing such nuisance. The remedy by abatement herein\nprovided for shall not be construed to be exclusive.\n