§ 24-258 The board.

   (a)   The board shall be convened by the chairperson or in the chairperson's absence the assistant commissioner of environmental compliance, or at the request of any three members thereof.

   (b)   If a member of the board has presided over the initial hearing, he or she shall not be disqualified from reviewing the hearing.

   (c)   Five members of the board, at least two of who shall not be city officials, shall constitute a quorum.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113.

§ 24-259 Notice of violation.

   (a)   Notice, required by this chapter, shall be given by issuance of a notice of violation.

   (b)   Whenever the commissioner has reasonable cause to believe that a violation of any provision of this code or any order or regulation promulgated by the commissioner or the board may exist, he or she may cause to have a notice of violation issued and served on:

      (1)   The person in violation; or

      (2)   An owner with an equity interest in the device in violation, if any; or

      (3)   If an owner with an equity interest in the device in violation cannot be located with due diligence, any other owner of said device.

   (c)   A notice of violation shall:

      (1)   Specify the section or sections of this code, order, or regulation that such person or device is in violation of; and

      (2)   Indicate the amount of the civil penalty that such person is subject to; and

      (3)   Contain a brief statement of the nature of the violation; and

      (4)   Require a written response that conforms to section 24-260 of this code; and

      (5)   Require such person or owner of a device, unless a hearing is not required by section 24-257 of this code, to answer the allegations in the notice of violation at a time and place designated either in or with the notice of violation or in a subsequent notice to such person or owner.

§ 24-260 Written response.

   (a)   A written response in a form prescribed by the board shall be served upon the department and filed with the board within five days of receipt of the notice of violation.

   (b)   If the allegation in the notice of violation is one for which a hearing is not required by section 24-257 of this code, and is contested, then the respondent must either:

      (1)   Include a copy of any tunneling permit or certificate that the respondent asserts was issued by the department; or

      (2)   Deny that such tunneling permit or certificate is required by law.

   (c)   If any of the allegations in the notice of violation are those for which a hearing is required by section 24-257 of this code, and are contested, the written response shall contain a concise statement of the facts constituting each ground of defense.

   (d)   If allegations in the notice of violation are admitted the written response of the respondent shall consist of:

      (1)   A statement that he or she admits all of the material allegations to be true; and

      (2)   A statement of any attempts subsequent to service of the notice of violation to comply with this code or with the order or regulation.

      (e)   Failure of the respondent to serve a written response within the time provided shall be deemed to constitute a waiver of his or her right to appear and contest the allegations in the notice.

§ 24-261 Citizen's complaint.

   (a)   Any person other than personnel of the department and employees of the city of New York authorized by law to serve summonses for violation of the code may serve upon the department a complaint in a form prescribed by the commissioner alleging that a person has violated a provision of this code set forth in table VI, below, or an order or regulation promulgated under such provision together with evidence of such violation.

TABLE VI

Violation related to section or subdivision and order or regulation thereunder
24-208
24-216
24-220 (b)
24-224
24-232, except that the provisions of this section 24-261 shall apply only to violations by persons operating motor vehicles listed in subdivisions one and two of column I, and subdivisions one and two of column II of Table 1. 24-234 24-236 24-237, except that the provisions of this section 24-261 shall apply only to a violation by a person operating a circulation device with a rated capacity in excess of fifty thousand British thermal units per hour or its equivalent.
24-238
24-240
24-241
24-244
24-245

 

   (b)   A person who has served a complaint pursuant to subdivision (a) of this section may serve upon the person allegedly in violation and upon the board a notice of violation in a form prescribed by the board, if within thirty days from service of such complaint:

      (1)   The department has failed to serve a notice of violation, pursuant to section 24-259 of this code, for the violation alleged in a complaint pursuant to subdivision (a) of this section; or

      (2)   The department fails to serve a written notice upon the complainant of its determination that his or her complaint is frivolous or duplicitous.

   (c)   A person commencing a proceeding before the board pursuant to this section, shall prosecute such proceeding at his or her own expense. The department may intervene in such a proceeding at any time.

   (d)   In any proceeding brought by the department after receiving a complaint pursuant to subdivision (a) of this section, the board shall award the complainant, out of the proceeds collected, fair and reasonable compensation, which shall not exceed 25 percent of the proceeds collected, for disclosure of information or evidence not in the possession of the department, which leads to the imposition of the civil penalty; provided that for any proceeding brought by the department after receiving a complaint pursuant to subdivision (a) of this section alleging a violation of subdivision (b) of section 24-244, the board shall award the complainant, out of the proceeds collected, compensation in the amount of $5.

   (e)   In any proceeding brought by a complainant, the board shall award, out of the proceeds collected, 50 percent of any civil penalty as fair and reasonable compensation to such person; provided that for any proceeding brought by a complainant alleging a violation of subdivision (b) of section 24-244, the board shall award, out of the proceeds collected, compensation in the amount of $10 to such person.

(Am. L.L. 2024/016, 1/6/2024, eff. 1/6/2024)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/016.