New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter I - State Sanitary Code
Part 8 - Nuisances Which May Affect Life And Health
Section 8.3 - Action to be taken by local board
Current through Register Vol. 46, No. 39, September 25, 2024
Within five days of the filing with the local board of health of the report provided for in section 8.2, supra, such local board shall:
(a) convene, and examine into the complaint and if it appears that a nuisance dangerous to health exists;
(b) furnish the owner, agent or occupant of the premises on which the condition alleged to constitute a nuisance exists, with a written statement of the condition found; and have duly served upon such owner, agent or occupant, a notice to appear before the board of health at a stated time and place, to show cause why such condition should not be declared a nuisance dangerous to health and an order for its abatement issued, and the prescribed penalty imposed if the condition constitutes a violation of a local health regulation in force in the municipality;
(c) if, after such hearing, it decides that the condition found to exist constitutes a nuisance dangerous to health, issue and enter upon its minutes an order directing the abatement of such nuisance, a copy of which order shall be order upon the owner, agent or occupant of the premises, or posted conspicuously thereon;
(d) impose in addition, if the condition constitutes a violation of a local health regulation in force in the municipality, the prescribed penalty for such violation.
