3. In the event of failure to comply with a notice and demand, the
commissioner or his or her representative shall take enforcement action
as deemed appropriate by the commissioner or his or her representative,
which may include conducting a formal hearing upon due notice in
accordance with the provisions of section twelve-a of this chapter and
on proof of violation of such notice and demand may order abatement of a
paint condition conducive to lead poisoning upon such terms as may be
appropriate and may assess a penalty not to exceed two thousand five
hundred dollars for such violation; provided, however, that abatement
shall not be ordered if the respondent proves by a preponderance of
evidence at such hearing that a paint condition conducive to lead
poisoning in the designated dwelling does not exist.
4. A notice required by this section may be served upon an owner or
occupant of the dwelling or agent of the owner in the same manner as a
summons in a civil action or by registered or certified mail to his last
known address or place of residence.
5. The removal of a tenant from or the surrender by the tenant of a
dwelling with respect to which the commissioner or his representative,
pursuant to subdivision one of this section, has given written notice
and demand for the discontinuance of a paint condition conducive to lead
poisoning shall not absolve, relieve or discharge any persons chargeable
therewith from the obligation and responsibility to discontinue such
paint condition conducive to lead poisoning in accordance with the
method of discontinuance prescribed therefor in such notice and demand.