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Any tunneling permit or certificate required by this code shall be displayed in the vicinity of the device on the premises designated on the tunneling permit or certificate or in the vicinity of the place where the device will be operated or supervised.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113.
Nothing in this code shall prevent the commissioner from making efforts to obtain voluntary compliance by way of warning, notice or educational means. However, such noncompulsory methods need not be used before proceeding by way of compulsory enforcement.
(a) Service of any written notice, order or decision required by this code shall be made on the owner as follows:
(1) Either by mailing the notice, order or decision directed to the owner of the device at the address listed in his or her application, tunneling permit or operating certificate or at the address where the device is located; or
(2) By leaving the notice, order or decision with the owner of the device, or if the owner is not an individual, with a member of the partnership or group concerned or with an officer or managing agent of the corporation.
(b) Service of any written notice, order or decision required by this code shall be made on a person:
(1) Either by mailing the notice, order or decision directed to the person at his or her principal place of business or home address; or
(2) By leaving the notice, order or decision with the person, or if the person is not an individual, with a member of the partnership or group concerned, or with an officer or managing agent of the corporation.
(c) Service of any written notice required by this code shall be made on the department, commissioner or board as follows:
(1) Either by mailing the notice to the commissioner; or
(2) By leaving the notice at the department or with an employee of the department designated for this purpose.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113.
(a) (1) Contract. As used in this section, the term "contract" means any written agreement, purchase order or instrument whereby the city is committed to expend or does expend funds authorized by the capital budget of the city of New York in return for work, labor, services, supplies, equipment, materials, or any combination of the foregoing; however, the term "contract" shall not include:
(i) contracts for financial or other assistance made with a government;
(ii) contracts, resolutions, indentures, declarations of trust, or other instruments authorizing or relating to the authorization, issuance, award and sale of bonds, certificates of indebtedness, notes or other fiscal obligations of the city, or consisting thereof;
(iii) employment by the city of officers and employees of the city.
(2) Contracting agency. As used in this section, the term "contracting agency" means any board, bureau, department, commission or other agency of the government of the city of New York, or any official thereof, who or which is authorized to and does, on behalf of the city, provide for, enter into, award or administer contracts or any other public agency which enters into, awards or administers contracts pursuant to which funds authorized by the capital budget of the city of New York are expended.
(b) Contract provisions. No contract shall be awarded or entered into by a contracting agency, unless such contract contains provisions requiring that:
1. Devices and activities which will be operated, conducted, constructed or manufactured pursuant to the contract and which are subject to the provisions of the code will be operated, conducted, constructed or manufactured without causing a violation of the code; and
2. Such devices and activities incorporate advances in the art of noise control developed for the kind and level of noise emitted or produced by such devices and activities.
(c) Regulations. The commissioner may from time to time promulgate regulations setting forth such specifications for the operation, conducting, construction or manufacture of devices and activities pursuant to city contracts as he or she deems necessary to comply with the provisions of this section.
(d) No person shall cause or permit the operation of a device or conducting of an activity in such a way as to violate any provision of a contract required by this section or any regulation promulgated pursuant to this section.
(e) No regulations promulgated pursuant to this section shall alter the terms, conditions and specifications of a contract for which bids have been opened, at the time of issuance of such regulation.
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