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This entry was published on 2014-09-22
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SECTION 1399-K
Violations notice; administrative procedure; temporary restraining order
Public Health (PBH) CHAPTER 45, ARTICLE 13-D
§ 1399-k. Violations notice; administrative procedure; temporary
restraining order. 1. A violation of the public health law or of the
sanitary code relating to the housing of motel and hotel employees shall
constitute a public nuisance which may be enjoined or restrained.

2. When an officer has cause to believe that there has been a
violation of the public health law or of the sanitary code or any other
rules or regulations promulgated pursuant to article nineteen of the
labor law in the housing of motel and hotel employees and that such
violation has continued for more than three days after notice of the
violation and demand for discontinuance and abatement thereof has been
served in writing on the owner or his agent authorized to receive legal
notice in the manner prescribed for the service of summons set forth in
the civil practice law and rules, an officer may:

(a) Conduct a hearing upon at least three days notice served on the
owner or his aforementioned agent in the manner prescribed for the
service of summons as set forth in the civil practice law and rules, and

(b) Make a determination after such hearing with respect to the
alleged violation or violations and have the power to assess a fine on
the owner of such motel or hotel not to exceed two hundred fifty dollars
for each violation for each day succeeding the third day after the
notice of violation and demand for discontinuance and abatement thereof
has been given, and

(c) With respect to the hearing set forth herein the officer in
accordance with the civil practice law and rules may: issue subpoena,
compel the attendance of witnesses, and administer oaths to witnesses,
and

(d) Make an ex parte application to the supreme court of the state of
New York for a temporary restraining order which the court may grant
when it determines that there is a violation which requires immediate
relief.

3. The officer may appoint one or more hearing officers as shall be
necessary to do or perform in his place or stead the acts authorized by
paragraphs (a) and (c) of this section. The hearing officer shall make
findings of fact and submit recommendations to the officer.

4. An officer may institute proceedings to enjoin the continuance of
such violation or the continued operation of such motel or hotel. 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.

5. 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 motel or hotel 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 or
local boards of health.