T A B L E O F C O N T E N T S P RT I A ... - Broome County

§ 102-10 CONSUMER PROTECTION § 102-12
§ 102-10. Rules and regulations.
The Consumer Services Specialist shall file proposed rules and regulations with the Clerk of
the Broome County Legislature, and a public hearing shall be held by the Broome County
Legislature. After the hearing, such rules and regulations will be placed on the agenda of the
next regularly scheduled meeting of the Broome County Legislature. The Broome County
Legislature shall act upon all future proposed rules and regulations within 90 days after
receipt by the Clerk of the Legislature. Such proposed rules and regulations will become
effective upon the approval of a majority vote of the members of the Broome County
Legislature.
§ 102-11. Penalties for offenses.
A. Any person who shall violate any provision of this code or the rules and regulations
promulgated thereunder shall be liable to a civil fee in an amount up to the amount of
actual damages caused by the violation, as determined by the Hearing Officer, but in no
event shall the fee exceed $5,000. [Amended 8-25-1987 by L.L. No. 5-1987]
B. Upon finding by the Consumer Services Specialist of repeated, multiple or persistent
violations of any provisions of the Consumer Protection Code or of any rule or regulation
promulgated thereunder, the Consumer Specialist may request that the County Attorney
bring an action to compel the violator to pay all moneys, properties or other things or
proceeds thereof received as a result of such violations into court to be disbursed
pursuant to the applicable provisions of the New York State Civil Practice Law and
Rules. Repeated, multiple or persistant violations of any provision of the Consumer
Protection Code or of any rule or regulation promulgated thereunder shall be defined as
three violations. [Amended 8-25-1987 by L.L. No. 5-1987]
C. In any action brought under the provisions of the Consumer Protection Code or the rules
and regulations promulgated pursuant thereto, the Division of Consumer Affairs and
Weights and Measures is entitled to recover from the violator the Office's cost of
investigation and hearing, provided that a repeated, multiple or persistent violation has
been established by the Consumer Services Specialist. 2
§ 102-12. Appeals to courts.
A. Whenever any person has engaged in any acts or practices which constitute violations of
any provision of the Consumer Code or any rule or regulation promulgated pursuant
thereto, the Consumer Services Specialist may request that the County Attorney make
application to the Supreme Court for an order enjoining such acts or practices and for an
order granting a temporary or permanent injunction, restraining order or other order
enjoining such acts or practices.
B. Whenever any person has engaged in a deceptive or unconscionable trade practice to the
detriment of a consumer, such consumer may seek redress in a court of appropriate
2. Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
102:11 02 - 01 - 2010