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

§ 168-28 SANITARY CODE
§ 168-30
§ 168-28. Notice of violation. [Added 10-15-1985 by L.L No. 6-1985]
Whenever the Commissioner of Health determines that a violation exists, he shall direct the
Environmental Health Services Director to issue a notice setting forth the alleged violation
and directing the person, owner, tenant, operator, occupant or person in charge to correct such
conditions as may be in violation. This notice shall be in writing and shall provide a
reasonable time within which the violations must be corrected. Service of this notice shall be
made personally or by certified or registered mail, return receipt requested, but the
respondent's refusal to accept such mailed notice may render him liable for the cost of
personal service should any of the allegations contained in said notice be sustained by
admission, default or otherwise in any subsequent enforcement proceedings.
§ 168-29. Reinspections. [Added 1-15-1985 by L.L. No. 6-1985]
Upon notice of correction of the violations alleged, or at the end of the time period allowed
for the correction of any violation alleged, the Commissioner shall direct an immediate
reinspection. If upon reinspection it is determined that the violations have not been corrected,
the Commissioner shall cause to be served a finding of violation, as provided in § 168-30,
upon the respondent.
§ 168-30. Findings of violations. [Added 10-15-1985 by LL. No. 6-1985]
A. Enforcement proceedings shall commence with the service of a finding of violation
signed by a Department of Health Inspector. Service of the finding of violation shall be
made personally or by certified or registered mail, return receipt requested. The finding
of violation shall be served at least 15 days prior to the hearing date designated therein
when service is effected personally, and at least 20 days prior to the hearing date when
service is effected by mail. Should personal service be necessary due to the respondent's
refusal to accept a mailed finding of violation, the respondent may be liable for the cost
of such personal service should any of the allegations be sustained by admission, default
or otherwise in any subsequent enforcement proceedings.
B. The finding of violation shall contain:
(1) A short and plain statement of the facts which are alleged to constitute a violation,
including the dates when such facts were observed. An inspection report of the
departmental Inspector may be used in whole or in part as the Department's
description of alleged violations.
(2) Specific reference to the provisions of the Public Health Law, this code or the New
York State Sanitary Code alleged to have been violated.
(3) Information adequate for the respondent to calculate the maximum penalty
assessable if the alleged violations are found to be as alleged.
(4) The date, time and place designated for a hearing on the alledged violation(s).
(5) Information adequate to apprise the respondent of the provisions relating to
answers and hearings set forth in §§ 168-31 and 168-33 of this article.
168:23
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