New York Public Health Law Section 12 - Violations Of Health Laws Or Regulations; Penalties And Injunctions.

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    § 12.  Violations  of  health  laws  or  regulations;  penalties  and
  injunctions.  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.
    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.

Last modified: August 13, 2006