Section 12-110. Violations  


Latest version.
  • 1. Whenever the attorney general has reason to
      believe that any violation of this article is a repeated  or  persistent
      practice,  he  may bring an action to enjoin such practice and to obtain
      restitution  for  any  aggrieved  party  or  parties.  In  such   action
      preliminary relief may be granted under article sixty-three of the civil
      practice  law and rules.  Before any violation of this article is sought
      to be enjoined, the attorney general  shall  be  required  to  give  the
      person  against whom such proceeding is contemplated notice by certified
      mail and an opportunity to show in writing  within  five  business  days
      after receipt of notice why proceedings should not be instituted against
      him,  unless  the  attorney  general shall find, in any case in which he
      seeks preliminary relief, that to give such notice  and  opportunity  is
      not in the public interest.
        2.  Any  owner of a solar thermal system injured by a violation of any
      provision of this article issued pursuant thereto may bring an action in
      his own name to enjoin such violation and to recover his actual damages.
      In such action, there may be  awarded  reasonable  attorney's  fees  and
      costs  to  the  plaintiff. Nothing in this section shall be construed to
      abridge or limit any other right or remedy an owner may have at  law  or
      in   equity,  statutory  or  otherwise.  Provided,  however,  that  such
      individual action shall be precluded if, prior to its commencement,  the
      attorney   general  has  commenced  an  action  for  an  injunction  and
      restitution pursuant to  the  provisions  of  subdivision  one  of  this
      section.