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Ex. DUT-NY-008 Standing duty Primary source read

N.Y. Public Health Law § 1303 (nuisances; local boards of health; general powers and duties)

Nuisances; local boards of health; general powers and duties

New York State Legislature (Public Health Law, article 13, title 1); powers exercised by local boards of health and health officers · New York (State)

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The record

Jurisdiction
New York
Level
State
Authority
N.Y. Const. art. XVII, § 3; police power; L. 1953, ch. 879, as amended
Effective
standing; text in force throughout March 2020 to September 2021
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding duty
Addressees
  • owners, agents and occupants of premises; businesses open to the public within a health district
Character
sanitary code duty
Collection
Standing duties: New York DUT-NY

Operative words

3. Every local board of health shall order the suppression and removal of all nuisances and conditions detrimental to life and health found to exist within the health district.

Penalty

§ 12-b(1): misdemeanor for wilful refusal to comply with a lawful order of a local board of health (Ex. DUT-NY-002); § 12 civil penalties (Ex. DUT-NY-001)

What it required

Every local board of health to receive complaints of 'nuisances, or causes of danger or injury to life and health,' to enter premises where such conditions are known or believed to exist, and to order their suppression and removal; every owner, agent and occupant of premises to abate the condition so ordered.

Retrieval note

Rendered from the mirror's June 20, 2024 capture; the section carries no amendment between 2020 and 2024. Subdivision 2 requires the board to furnish 'the owners, agents and occupants of the premises with a written statement of the results and conclusions' of its examination.