2006 New York Code - Additional Powers Of The Commissioner.

 
    §  16-131.2  Additional powers of the commissioner. In addition to any
  other enforcement procedures authorized by law, the  commissioner  shall
  have the powers described in this section.
    a.  The  commissioner may order any person violating section 16-130 or
  16-131 of this chapter or article one hundred  fifty-seven  of  the  New
  York city health code to discontinue such violation immediately.
    b.  1.  If  the commissioner finds that premises for which a permit is
  required pursuant to section 16-130  of  this  chapter  are  being  used
  either without such permit or in a manner which poses an imminent threat
  to  the  public  health  or  safety,  then the commissioner may order in
  writing that (a) such premises be sealed, secured and closed and/or  (b)
  that  equipment,  vehicles  or  other  personal  property  used  on such
  premises be removed or sealed and secured. Upon the  effective  date  of
  such order, no person shall have access to such premises and/or use such
  equipment  except as authorized by the commissioner. Upon such effective
  date,  authorized  officers  and  employees  of  the   department,   the
  department  of  health  and  mental hygiene and the New York city police
  department shall act upon and enforce such order. The finding whether an
  imminent threat to the public health or safety exists shall be based  on
  factors  that  include but are not limited to: (i) the quantity of solid
  waste, or of material listed in subparagraph (b)  of  paragraph  one  of
  subdivision a of section 16-130 of this chapter, that may pose a threat;
  (ii)  the  types  of  solid  waste,  or  of such material listed in such
  subparagraph, that may pose a threat; and/or (iii) the risk of  harm  to
  the  public  or  the  environment.  For  the  purpose of this paragraph:
  "sealed, secured and closed" or "sealed and secured" shall mean the  use
  of  any  means  available  to  render  the premises or any part thereof,
  and/or any equipment, vehicles  or  other  personal  property  contained
  therein,  inaccessible  or  inoperable, including but not limited to the
  use of a padlock or cinder blocks.
    2. Any equipment, vehicles or other personal property removed pursuant
  to an order issued under paragraph one of this subdivision may be stored
  in a garage, pound or other place of safety,  and  the  owner  or  other
  person  lawfully  entitled to the possession of such equipment, vehicles
  or other personal property may be charged with the reasonable costs  for
  removal  and  storage,  payable  prior to the release of such equipment,
  vehicles or  other  personal  property.  Equipment,  vehicles  or  other
  personal  property  not  reclaimed  by such owner or other person within
  ninety days of the notification to such owner or other person that  such
  order  has  been rescinded shall be deemed abandoned and may be disposed
  of by the department at a public auction, provided that vehicles  deemed
  abandoned  shall  be  disposed  of  in  a manner consistent with section
  twelve hundred twenty-four of the  vehicle  and  traffic  law  and  that
  timely  notice  of  any  public  auction shall be provided to any record
  holder of a security interest at the address for such holder  set  forth
  in any instrument recorded in the city of New York.
    3.  Any order to seal, secure and close premises pursuant to paragraph
  one of this subdivision, or to remove  or  seal  and  secure  equipment,
  vehicles  or  other personal property issued pursuant to such paragraph,
  shall contain notice of the right to request  a  hearing  within  thirty
  days of delivery of such order and posting of such order pursuant to the
  first  sentence  of  paragraph four of this subdivision. If a hearing is
  requested within such thirty day period, the order shall be effective as
  set forth in the determination of the commissioner.  If  no  hearing  is
  requested  within such thirty day period the order shall be effective on
  the thirtieth day after such  delivery  and  posting  pursuant  to  such
  sentence.  A  hearing held pursuant to this paragraph shall be conducted
  by the department. The hearing officer shall submit recommended findings


  of fact and a recommended decision to the commissioner, who  shall  make
  the  final findings of fact and the final determination. Notwithstanding
  the foregoing provisions of this paragraph, if such order is based  upon
  a finding by the commissioner of an imminent threat to the public health
  or safety, such order may provide that it shall be effective immediately
  upon  posting  pursuant  to the first sentence of paragraph four of this
  subdivision; in such case a hearing shall be held within three  business
  days of a request for such hearing and a determination shall be rendered
  within four business days of the conclusion of such hearing.
    4.  Orders  of  the  commissioner  issued pursuant to this subdivision
  shall be served by delivery of the order  to  the  permittee,  owner  or
  other  person  of  suitable  age  and  discretion  in actual or apparent
  control of the premises, equipment, vehicles or other personal property,
  and shall be posted at the premises that have been sealed,  secured  and
  closed,  or  on  or  in the vicinity of the equipment, vehicles or other
  personal property that has been sealed and secured, or on  the  premises
  from  which  equipment,  vehicles  or  other  personal property has been
  removed. The commissioner shall ensure  that  notice  is  delivered  and
  posted  pursuant  to  this  paragraph, and in addition shall ensure that
  such order is mailed to the  permittee  at  the  residence  or  business
  address  for  such permittee set forth in the records of the department,
  to the record owner of such premises, and any record mortgagee  of  such
  premises, at the address set forth in the recorded instrument and to the
  person  designated  as  owner  or agent of the premises or designated to
  receive real property tax or water bills for the premises at the address
  for such person contained in one of the files compiled by the department
  of finance for the purpose of  the  assessment  or  collection  of  real
  property  taxes  and  water  charges  or  in  the  file  compiled by the
  department of finance from real property transfer forms filed  with  the
  city  register  upon the sale or transfer of real property, to the owner
  of such vehicles at  the  address  for  such  owner  set  forth  in  the
  registration  record  maintained  by  the  department  of motor vehicles
  pursuant to section four hundred one of the vehicle and traffic  law  or
  for vehicles not registered in New York state, such equivalent record in
  the  state  of  registration,  and  to  any  record holder of a security
  interest in equipment,  vehicles  or  other  personal  property  at  the
  address for such holder set forth in any instrument recorded in the city
  of  New  York,  and  at  the  address  for  such holder set forth in any
  certificate of title issued by the department of motor vehicles pursuant
  to title ten of the vehicle and traffic law.  In  addition,  such  order
  shall  be  mailed  to the owner of equipment or personal property, other
  than vehicles, at any address for such owner provided by  the  permittee
  or  the  person  to  whom  such order is delivered pursuant to the first
  sentence of this paragraph.
    5. Where premises have been sealed, secured and closed  or  equipment,
  vehicles,  or  other  personal  property  has been sealed and secured or
  removed by order of the commissioner issued pursuant to paragraph one of
  this subdivision, the permittee, owner or other person lawfully entitled
  to the possession of  the  premises  or  equipment,  vehicles  or  other
  personal   property,  may  at  any  time  provide  to  the  commissioner
  assurances that the conditions which caused the issuance of  such  order
  have  been  corrected and will not reoccur and any necessary permit will
  be obtained. Upon receipt of such  assurances,  the  commissioner  shall
  within  two business days either issue a written determination that such
  conditions have not been corrected, or are likely  to  reoccur,  or,  if
  such  assurances  are satisfactory, rescind such order; provided that no
  equipment, vehicles or other personal property shall be  released  after


  such  rescission  unless  costs for removal and storage owed pursuant to
  paragraph two of this subdivision have been paid.
    6. (a) No person shall remove or cause to be removed the seal from, or
  otherwise  enter  without the commissioner's authorization, any premises
  sealed by order of the commissioner issued pursuant to paragraph one  of
  this subdivision.
    (b)  No  person  shall remove or cause to be removed the seal from, or
  otherwise tamper with or use, any equipment, vehicles or other  personal
  property  sealed  by  order  of  the  commissioner  issued  pursuant  to
  paragraph one of this subdivision.
    (c) Any person who violates this paragraph shall  upon  conviction  be
  guilty  of  a  misdmeanor  and  be  punished  by  a  fine  not to exceed
  twenty-five thousand dollars, or by imprisonment for a term of not  more
  than one year, or by both such fine and imprisonment.