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

§ 168-36 SANITARY CODE
§ 168-40
C. Should the respondent fail to pay any penalty assessed or otherwise fail to comply with
any orders issued, the Commissioner of Health may institute a suit in his name in any
court of competent jurisdiction to recover penalties or to compel compliance.
§ 168-37. Variances. [Added 10-15-1985 by L.L. No. 6-1985; amended 10-15-1986 by
L.L. No. 7-1986]
At any time during the investigation and enforcement proceedings provided herein, the
Commissioner of Health may grant variances from the provisions of this code if he finds that
there is a practical difficulty or undue hardship connected with the performance of any act
required by this code. The party seeking such variance shall agree, in writing, to take such
alternative measures as will in the Commissioner's judgment adequately protect the public
health. All such variances shall be subject to the requirements of the New York State Sanitary
Code.
§ 168-38. Compliance schedule agreements. [Added 10-15-1985 by L.L. No. 6-1985]
A. At any time during the investigation or enforcement proceedings provided herein, the
Commissioner may enter into a compliance schedule agreement for the correction of any
violation of the Public Health Law, this code or the New York State Sanitary Code. Such
agreement shall be approved as to form by the Broome County Department of Law.
During the term of such agreement, all further enforcement action against the person
signing such agreement shall be suspended; provided, however, that where such violation
worsens so as to constitute an immediate public health hazard, enforcement may resume,
and the period of suspension provided in the agreement shall be terminated. Further, any
failure to meet the requirements established by such agreement shall terminate the period
of suspension provided therein, and enforcement may resume.
B. Where such agreement is fully executed, any violation of the terms of the schedule shall
constitute a separate violation of this code and subject the violator to the penalties set
forth in § 168-41 of this code.
§ 168-39. Effect on other legislation. [Added 10-15-1985 by L.L. No. 6-1985]
A. The procedures set forth in this article shall be in addition to the provisions relating to
the issuance, expiration, suspension or revocation of permits as set forth in § 168-2 of
this code.
B. Nothing contained herein shall be construed to preclude the Commissioner from
compelling compliance or restraining violations under any other applicable provision of
law.
§ 168-40. Interference with notices.
No person shall remove, multilate or conceal any notice or placard of the Department of
Health posted in or on any premises or place, except by first obtaining the written permission
of the Commissioner.
168:27
05 - 15 - 2008