Section 12. Violations of health laws or regulations; penalties and injunctions

* 1. (a) Except as provided in paragraphs (b)  and  (c)  of
  this  subdivision,  any  person who violates, disobeys or disregards any
  term or provision of this chapter or of  any  lawful  notice,  order  or
  regulation  pursuant  thereto for which a civil penalty is not otherwise
  expressly prescribed by law, shall be liable to the people of the  state
  for a civil penalty of not to exceed two thousand dollars for every such
  violation.
    (b)  The penalty provided for in paragraph (a) of this subdivision may
  be increased to an amount not to exceed  five  thousand  dollars  for  a
  subsequent  violation  if  the person committed the same violation, with
  respect to the same or any other person or persons, within twelve months
  of the initial violation for which a penalty was  assessed  pursuant  to
  paragraph  (a)  of  this  subdivision and said violations were a serious
  threat to the health and safety of an individual or individuals.
    (c) The penalty provided for in paragraph (a) of this subdivision  may
  be  increased  to  an  amount  not to exceed ten thousand dollars if the
  violation directly results in serious physical harm to  any  patient  or
  patients.
    Effective on and after April first, two thousand eight the comptroller
  is hereby authorized and directed to deposit amounts collected in excess
  of  two  thousand  dollars  per  violation  to the patient safety center
  account to be used for purposes of the patient safety center created  by
  title two of article twenty-nine-D of this chapter.
    * NB Effective until April 1, 2011
    * 1.  Any  person  who  violates,  disobeys  or disregards any term or
  provision of this chapter or of any lawful notice, order  or  regulation
  pursuant  thereto  for  which a civil penalty is not otherwise expressly
  prescribed by law, shall be liable to the people  of  the  state  for  a
  civil  penalty  of  not  to  exceed  two thousand dollars for every such
  violation.
    * NB Effective April 1, 2011
    2. The penalty provided for in subdivision one of this section may  be
  recovered  by  an  action  brought  by  the commissioner in any court of
  competent jurisdiction.
    3. Nothing in this section contained shall be construed  to  alter  or
  repeal any existing provision of law declaring such violations or any of
  them to be misdemeanors or felonies or prescribing the penalty therefor.
    4.   Such  civil  penalty  may  be  released  or  compromised  by  the
  commissioner before  the  matter  has  been  referred  to  the  attorney
  general,  and  where  such  matter  has  been  referred  to the attorney
  general, any such penalty may be released or compromised and any  action
  commenced  to  recover  the  same may be settled and discontinued by the
  attorney general with the consent of the commissioner.
    5. It shall be the duty of the attorney general upon  the  request  of
  the commissioner to bring an action for an injunction against any person
  who  violates,  disobeys  or  disregards  any  term or provision of this
  chapter or of any lawful notice, order or regulation  pursuant  thereto;
  provided,  however,  that  the  commissioner  shall furnish the attorney
  general with such material,  evidentiary  matter  or  proof  as  may  be
  requested by the attorney general for the prosecution of such an action.
    6.  It  is  the  purpose  of  this  section  to provide additional and
  cumulative remedies, and nothing herein contained shall abridge or alter
  rights of action or remedies now or hereafter existing,  nor  shall  any
  provision  of  this  section,  nor  any  action  done  by virtue of this
  section, be construed as estopping the state, persons or  municipalities
  in the exercising of their respective rights to suppress nuisances or to
  prevent or abate pollution.