Section 19-151. Enforcement

a. In addition to police officers, authorized
  officers and employees of the department of transportation and of  other
  city  agencies  who  are  designated  by the commissioner shall have the
  power to enforce the provisions of this subchapter  and  the  rules  and
  orders  of  the  commissioner in relation thereto and to issue summonses
  and appearance tickets returnable in the criminal court and  notices  of
  violation   returnable   before  the  environmental  control  board  for
  violations thereof.
    b. In  addition  to  the  orders  specifically  referred  to  in  this
  subchapter,  the  commissioner  shall  have the power to issue any other
  orders which may be necessary or appropriate (i) to  enforce  compliance
  with  any  of  the provisions of this subchapter or of section 24-521 of
  the code, the rules of the department in relation thereto or  the  terms
  or  conditions  of any permit issued pursuant thereto, or (ii) to remedy
  any condition found to exist on any street which is in violation of  any
  of  the  provisions of this subchapter or of section 24-521 of the code,
  the rules of  the  department  in  relation  thereto  or  the  terms  or
  conditions  of  any permit issued pursuant thereto. Such orders shall be
  served in the manner provided  by  the  rules  of  the  department.  The
  commissioner  shall afford the persons to whom such order is directed an
  opportunity to be heard in accordance with the rules of the department.
    c. The commissioner may request the corporation counsel  to  institute
  any  action  or  proceeding  that  may  be  appropriate  or necessary to
  restrain, correct or abate a violation of this subchapter or of  section
  24-521 of the code or the rules of the department in relation thereto or
  to   compel  compliance  with  any  order  issued  by  the  commissioner
  thereunder or with the terms or conditions of any permit issued pursuant
  to this subchapter. Such actions and proceedings may  be  instituted  by
  the  corporation  counsel  in  any court of appropriate jurisdiction. In
  such actions or proceedings the city may apply for  restraining  orders,
  preliminary  injunctions  or  other  provisional  remedies. The court to
  which such application is made  may  make  any  or  all  of  the  orders
  specified  as  may  be  required  in  such  application, with or without
  notice, and may make such other or further orders or directions  as  may
  be necessary to render the same effectual.
    d.  If  the  commissioner  finds  that  any  work in violation of this
  subchapter or of section 24-521 of the code, the rules of the department
  or the  terms  or  conditions  of  a  permit  issued  pursuant  to  this
  subchapter  creates  an imminent danger to life or safety, he or she may
  issue an order to cease and desist. Such order shall be given orally  or
  in writing to the persons executing the work and shall require immediate
  compliance therewith. The order may also require such persons to execute
  such  work  or  take  such  action as the commissioner determines may be
  necessary to remove the danger or otherwise make the  street  reasonably
  safe,  including  but  not  limited  to  filling  in  an  excavation and
  repairing, restoring or  replacing  the  pavement  thereon  or  removing
  construction material or equipment or dirt, debris or rubbish therefrom.
    e.  In  addition  to any other remedies or penalties set forth in this
  subchapter, upon the failure to comply  with  an  order  issued  by  the
  commissioner to remedy any condition on any street which is in violation
  of  this  subchapter, or of section 24-521 of the code, the rules of the
  department in relation thereto or the terms or conditions  of  a  permit
  issued  pursuant  to  this  subchapter,  including an order to cease and
  desist, within the time set forth in such order,  the  commissioner  may
  execute  the  work  required to be executed in such order. All costs and
  expenses of the city for such work may be recovered from the persons who
  are found to be liable for the violation. Before undertaking to  execute
  any  work  required by an order, other than work required by an order to

  cease and desist, the commissioner shall afford the persons to whom such
  order is directed an opportunity to be  heard  in  accordance  with  the
  rules of the department.
    f.  The provisions of sections 19-149 and 19-150 shall be construed to
  provide that a permittee or a person for whose benefit any activity  for
  which  a  permit  is  required  pursuant to this subchapter is performed
  shall  be  liable  with  his  or  her  employee,  agent  or  independent
  contractor  for  a  violation of the provisions of this subchapter or of
  section 24-521 of the code or any order issued by or rule promulgated by
  the commissioner pursuant thereto or the  terms  or  conditions  of  any
  permit  issued  pursuant  thereto  which  is committed by such employee,
  agent or independent contractor in the course of performing the activity
  for which a permit was issued to such permittee or  the  activity  which
  benefited  such  person. Notwithstanding the foregoing provision, in any
  action or proceeding against a person who owns or leases  real  property
  for a violation arising out of work in a street which benefited the real
  property  owned  or  leased  by  such person, it shall be an affirmative
  defense by such owner or lessee that the work which was the  subject  of
  such  violation was performed by a licensed master plumber as defined in
  subdivision e of section 26-141  of  the  administrative  code  under  a
  permit  issued  by  the  department  or by an operator of an underground
  facility as defined in 12 NYCRR 53-1.5.