US Laws, Codes, Statutes & Cases

 
    §  558. Health code. (a) The health code which is in force in the city
  on the date  on  which  this  chapter  takes  effect  and  all  existing
  provisions  of  law  fixing penalties for violations of the code and all
  regulations of the board of health on file with the city  clerk  on  the
  date  when this chapter takes effect shall continue to be binding and in
  force except as amended or repealed from time to time. Such  code  shall
  have the force and effect of law.
    (b)  The board of health from time to time may add to and alter, amend
  or repeal  any  part  of  the  health  code,  and  may  therein  publish
  additional  provisions  for  security of life and health in the city and
  confer additional powers on the department  not  inconsistent  with  the
  constitution,  laws  of  this state or this charter, and may provide for
  the  enforcement  of  the  health  code  or  any  orders  made  by   the
  commissioner   or  the  board  of  health,  by  such  fines,  penalties,
  forfeitures and imprisonment as may be prescribed therein  or  otherwise
  by law.
    (c) The board of health may embrace in the health code all matters and
  subjects to which the power and authority of the department extends. The
  board of health shall prescribe in the health code the persons who shall
  be  required  to  keep  a  registry  of  birth, fetal deaths, and deaths
  occurring  in  the  city  and  file  certifications  thereof  with   the
  department  and the form and manner in which such registry shall be kept
  and certificates filed, and, it  shall  provide  for  the  recording  of
  births  which  have  not  been  recorded in accordance with law, for the
  change or alteration of any birth, fetal death or death certificate upon
  proof  satisfactory,  to  the  commissioner,  for  the  examination  and
  issuance  of transcripts of such certificates and for fees to be charged
  therefor.
    (d) The board of health shall prescribe in the health  code  that  the
  parent  with  legal custody or legal guardian of any child receiving day
  care services as authorized in such code shall  have  unlimited  and  on
  demand access to such child or ward. The department of health and mental
  hygiene  shall make unannounced visits of such day care services if such
  board receives a complaint that, if true, would indicate  that  children
  in  such  services  are not receiving adequate or appropriate care. Such
  board shall also prescribe in such code that during the period for which
  day care services are authorized upon any premises, the department shall
  whenever possible make at least one  unannounced  visit  of  every  such
  premises annually.
    (e)  Any violation of the health code shall be treated and punished as
  a misdemeanor.  The  board  of  health  or  an  administrative  tribunal
  established  by  the  board  of  health to enforce the provisions of the
  health code shall have the power to  enforce  its  final  decisions  and
  orders  imposing  pecuniary  penalties  as if they were money judgments,
  without court proceedings, in the manner described  herein.  After  four
  months  from  the  issuance  of  such a final decision and order by such
  board or tribunal a copy of such decision and order shall  be  filed  in
  the office of the clerk of any county within the city. In the event that
  the  decision  and order were issued as a result of the respondent being
  in default, a notice of default shall be mailed to  such  respondent  at
  least  seven  days  before  such filing, and a copy of such notice and a
  receipt of mailing thereof shall be filed with the copy of such decision
  and order. Upon such filing, such county clerk shall  enter  and  docket
  such  decision and order, in the same manner and with the same effect as
  a money judgment. Upon such entry and docketing, such decision and order
  may be enforced as provided in article fifty-two of the  civil  practice
  law and rules. Such board or tribunal shall not enter any final decision
  or  order  pursuant  to  the  provisions  of this subdivision unless the

  notice of violation shall have been served in  the  same  manner  as  is
  prescribed for service of process by article three of the civil practice
  law  and  rules  or  article three of the business corporation law. Such
  board  or  tribunal  may  apply to a court of competent jurisdiction for
  enforcement of any other decision, order  or  subpoena  issued  by  such
  board  or tribunal. Nothing herein contained shall be construed to limit
  or abridge the board's or the department's right  to  pursue  any  other
  remedy  prescribed  by  law.  Pecuniary  penalties for violations of the
  health code may be recovered in a civil action before any court  in  the
  city having jurisdiction of civil actions.
    (f)  No  amendment  or  addition  to  the health code or repeal of any
  provision thereof adopted by the  board  of  health  subsequent  to  the
  effective  date of this chapter shall become valid and effective until a
  copy of such amendment, addition or repeal  is  duly  certified  by  the
  person serving as secretary of the board.
    (g)  The  board  of  health  may  add, amend and repeal regulations in
  regard to any matter contained in the health code, and such  regulations
  shall have the same force and effect as a provision of the health code.
    (h)  No  action  shall  abate,  or  right of action already accrued be
  abolished, by reason of the  expiration,  repeal  or  amendment  of  any
  provision of the health code or regulations in regard thereto.