§ 1330 — Labor camps; violations; notice; injunction; administrative proceedings

§ 1330. Labor camps; violations; notice; injunction; administrative\nproceedings. 1. When it appears to an officer that there has been a\nviolation of the public health law or sanitary code at or in relation to\nany labor camp and such violation continues two days after written\nnotice and demand for the discontinuance thereof, served as provided\nherein, he shall proceed pursuant to subdivision two or three of this\nsection with respect to such violation.\n 2. An officer may institute proceedings to enjoin the continuance of\nsuch violation or the continued operation of such camp and, for purposes\nof such proceedings, a violation of any provision of the public health\nlaw or of the sanitary code shall be considered a public nuisance which\nmay be enjoined or restrained. No bond or undertaking shall be required\nof such officer in such proceedings and no application to vacate or\nmodify any judgment obtained shall be entertained by any court without\nproof to such court that ten days notice of such application, and copies\nof the papers upon which the application is to be made, have been served\nupon such officer.\n 3. (a) A hearing may be held, upon notice of not less than three days,\nbefore an officer or his representative. The officer shall make a\ndetermination with respect to any alleged violation and may assess a\npenalty not to exceed one hundred dollars for each violation, provided\nthat (i) if the respondent establishes that a violation which existed\nprior to the service of the notice of hearing ceased to exist on or\nprior to the date originally set for the hearing and has not reoccurred,\nthen any penalty assessed for such violation shall be suspended on the\ncondition that it will not reoccur during the next twenty-four months or\n(ii) for initial violations only which do not involve a serious and\nimmediate risk to health or safety, if, prior to the date originally set\nfor the hearing, an application for a loan for a farmworker housing\nproject is made pursuant to section five hundred seventy-six-d of the\nprivate housing finance law and a satisfactory plan for curing the\nconditions giving rise to the violation is submitted to and approved by\nthe department, then any penalty assessed may be vacated if such\nviolation is cured within a reasonable period of time. In assessing a\npenalty hereunder, consideration shall be given to good faith efforts to\ncure the violation made on or prior to the date originally set for the\nhearing. A violation which continues for more than one day after the\nexpiration of the two days for compliance provided for in subdivision\none shall be considered to be a separate violation for each day that it\ncontinues after such notice and demand for discontinuance have been\nserved.\n (b) The notice of hearing also may provide that the labor camp may be\nordered vacated if such an order is determined to be necessary for the\nhealth and safety of its occupants or of the community in which it is\nlocated. If the notice of hearing contains this provision and such an\norder is determined to be necessary, then the officer shall issue such\norder.\n (c) The hearing officer acting pursuant to this subdivision may issue\nsubpoenas which shall be regulated by the civil practice law and rules.\n 4. Before the effective date of an order or judgment enjoining the\ncontinued operation of a camp pursuant to subdivision two or of an order\ndirecting the vacating of such camp pursuant to subdivision three, the\nofficer shall notify the county agricultural agent, the representative\nof the nearest office of the state employment service, and the county\nsocial services commissioner.\n 5. A notice required by this section may be served upon the owner or\noperator of the camp in the same manner as a summons in a civil action,\nor by registered mail to such owner or operator at the address filed by\nhim in the department or county health department or, if an address is\nnot so filed, to his last known address or place of residence.\n 6. An officer may request and shall receive from all public officers,\ndepartments and agencies of the state and its political subdivisions\nsuch cooperation and assistance as may be necessary or proper in the\nenforcement of the provisions of this section.\n 7. Nothing contained in this section shall be construed to limit the\nduty or power of an officer to act with regard to an immediate threat to\nthe health of the occupants of a camp or the community in which it is\nlocated, or to alter or abridge any of the duties and powers now or\nhereafter existing in the commissioner, state district health officers,\ncounty boards of health, county commissioners of health, local boards of\nhealth or other public agencies or public officials, or any private\nparty.\n 8. As used in this section, the term "officer" shall mean the\ncommissioner, or the county commissioner of health or the state district\nhealth officer having jurisdiction.\n