§ 1399-K — Violations notice; administrative procedure; temporary restraining order

§ 1399-k. Violations notice; administrative procedure; temporary\nrestraining order. 1. A violation of the public health law or of the\nsanitary code relating to the housing of motel and hotel employees shall\nconstitute a public nuisance which may be enjoined or restrained.\n 2. When an officer has cause to believe that there has been a\nviolation of the public health law or of the sanitary code or any other\nrules or regulations promulgated pursuant to article nineteen of the\nlabor law in the housing of motel and hotel employees and that such\nviolation has continued for more than three days after notice of the\nviolation and demand for discontinuance and abatement thereof has been\nserved in writing on the owner or his agent authorized to receive legal\nnotice in the manner prescribed for the service of summons set forth in\nthe civil practice law and rules, an officer may:\n (a) Conduct a hearing upon at least three days notice served on the\nowner or his aforementioned agent in the manner prescribed for the\nservice of summons as set forth in the civil practice law and rules, and\n (b) Make a determination after such hearing with respect to the\nalleged violation or violations and have the power to assess a fine on\nthe owner of such motel or hotel not to exceed two hundred fifty dollars\nfor each violation for each day succeeding the third day after the\nnotice of violation and demand for discontinuance and abatement thereof\nhas been given, and\n (c) With respect to the hearing set forth herein the officer in\naccordance with the civil practice law and rules may: issue subpoena,\ncompel the attendance of witnesses, and administer oaths to witnesses,\nand\n (d) Make an ex parte application to the supreme court of the state of\nNew York for a temporary restraining order which the court may grant\nwhen it determines that there is a violation which requires immediate\nrelief.\n 3. The officer may appoint one or more hearing officers as shall be\nnecessary to do or perform in his place or stead the acts authorized by\nparagraphs (a) and (c) of this section. The hearing officer shall make\nfindings of fact and submit recommendations to the officer.\n 4. An officer may institute proceedings to enjoin the continuance of\nsuch violation or the continued operation of such motel or hotel. No\nbond or undertaking shall be required of such officer in such\nproceedings and no application to vacate or modify any judgment obtained\nshall be entertained by any court without proof to such court that ten\ndays notice of such application, and copies of the papers upon which the\napplication is to be made, have been served upon such officer.\n 5. 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 motel or hotel or the community in\nwhich it is located, or to alter or abridge any of the duties and powers\nnow or hereafter existing in the commissioner, state district health\nofficers, county boards of health, county commissioners of health or\nlocal boards of health.\n