§ 1102. Violation; injunction and abatement. 1. If any inspection
discloses a violation of any rule or regulation promulgated pursuant to
section one thousand one hundred of this chapter relating to a temporary
or permanent source or act of contamination, the person, officer, board,
or commission having the management and control of the potable water
supply of the municipality, state or United States institution, park,
reservation or post, and in the city of New York, the commissioner of
environmental protection, and the board of water supply of the city of
New York, or the corporation furnishing such supply shall cause a copy
of the rule or regulation violated to be served upon the person
violating the same, with a notice of such violation. If the person
served does not comply immediately with the rule or regulation violated,
such person, officer, board, corporation or commission, except in a case
concerning the violation of a rule or regulation relating to a temporary
or permanent source or act of contamination affecting the potable water
supply of the city of New York, shall notify the department of the
violation.

2. (a) Upon being notified of any violation as herein provided, the
department shall examine immediately into such violation; and if the
department finds such rule or regulation to have been violated, the
commissioner shall order the local board of health of the health
district wherein the violation or noncompliance occurs, to convene and
enforce compliance with such rule or regulation.

(b) If the local board of health of the health district wherein the
violation or noncompliance occurs, fails to enforce the order of the
commissioner within ten days after its receipt, the corporation
furnishing such water supply or the municipality, state, or United
States or state or United States institution, park, reservation or post
deriving its water supply from the waters to which such rule or
regulation relates, or the commissioner, or the local board of health of
the health district wherein the water supply protected by these rules is
used, or any person interested in the protection of the purity of the
water supply, may maintain an action in a court of record which shall be
tried in the county where the cause of action arose against such person,
for the recovery of the penalties incurred by such violation, and for an
injunction restraining the person violating such rule or regulation from
the continued violation thereof.

3. (a) If the person served with notice of violation does not comply
within five days with the rule or regulation violated, in case such rule
or regulation relates to a temporary or permanent source or act of
contamination affecting the potable water supply of the city of New
York, the commissioner of environmental protection of said city, or the
board of water supply of the city of New York, may summarily enforce
compliance with such rule or regulation and may summarily abate or
remove the cause of the violation of such rule or regulation or the
nuisance so created, and to that end may employ such force as may be
necessary and proper; provided, however, that no building or improvement
shall be removed, disturbed or destroyed by the said commissioner of
environmental protection or the said board of water supply until he or
they shall cause measurements to be made of the buildings and
photographs of the exterior views thereof, which measurements and
photographs shall be at the disposition thereafter of the owners or
their attorneys, and failure to exercise such right of abatement shall
not be deemed a waiver thereof.

(b) Failure to comply within five days with such rule or regulation
shall further entitle the city of New York to maintain an action in any
court having jurisdiction thereof for the recovery of the penalties
incurred by such violation in an amount authorized by section one
thousand one hundred three of this title and for an injunction
restraining the person from violating such rule or regulation, or
creating or continuing such nuisance. The remedy by abatement herein
provided for shall not be construed to be exclusive.