§ 24-257 Powers of the board.

   (a)   The board, in addition to other duties assigned to it by law, shall have the power to conduct hearings pursuant to this subchapter and, by the issuance of a subpoena, compel the attendance of witnesses and the production of any books, papers or other things relating to the matter under investigation.

   (b)   The board may, upon notice pursuant to section 24-259 of this code, and after a hearing pursuant to section 24-263 of this code, or in default thereof pursuant to section 24-264 of this code:

      (1)   Order the commissioner to revoke or suspend a certificate or tunneling permit issued pursuant to this code for any device or activity where such device or activity causes, or is maintained or operated so as to cause a violation of any provision of this code or order or regulation promulgated by the commissioner or the board;

      (2)   Order the owner of any device which causes or is maintained or operated so as to cause a violation of any provision of this code or any order or regulation promulgated by the commissioner or the board, to install any apparatus which can reasonably be expected to correct the violation, or to repair, properly maintain, replace or alter such device in a manner which can reasonably be expected to correct the violation;

      (3)   Seal any device which causes or is maintained or operated so as to cause a violation of any provision of this code or order or regulation promulgated by the commissioner or the board, except as provided in subdivision (c) of this section;

      (4)   Order any person to cease and desist from any activity which causes or is conducted so as to cause a violation of any provision of this code or any order or regulation promulgated by the commissioner or the board, except as provided in subdivision (c) of this section;

      (5)   Impose a civil penalty in each instance in an amount as set out in table I against any person who violates a provision of this code, or of any order, rule or regulation promulgated by the commissioner or the board.

Table I 

Civil Penalties
Violations related to section and subdivision	First Violation		Second Violation*		Third and Subsequent Violations*
	Maximum	Minimum	Maximum	Minimum	Maximum	Minimum
24-216(d)	2,625	650	5,250	1,300	7,875	1,950
24-218(a)	150	75	250	150	500	350
24-218(a-1)	350	350	700	700	1,050	1,050
24-218(e)	1,000	350	2,000	700	3,000	1,050
24-218.1	50	50	50	50	50	50
24-220	1,400	440	2,800	880	4,200	1,320
24-222	3,500	875	7,000	1,750	10,500	2,625
24-223	3,500	875	7,000	1,750	10,500	2,625
24-224	3,500	875	7,000	1,750	10,500	2,625
24-225	1,400	440	2,800	880	4,200	1,320
24-226	1,400	440	2,800	880	4,200	1,320
24-227	220	220	440	440	660	660
24-228	1,400	440	2,800	880	4,200	1,320
24-229	1,400	440	2,800	880	4,200	1,320
24-230	1,400	440	2,800	880	4,200	1,320
24-231(a)	2,000	2,000	4,000	4,000	6,000	6,000
24-231(d)	560	560	1,120	1,120	1,680	1,680
24-232	440	440	880	880	1,320	1,320
24-233(a)	175	50	350	100	525	150
24-233(b)(1)	175	50	350	100	525	150
24-233(b)(2)	350	100	700	200	1,050	300
24-234	175	50	350	100	525	150
24-235	175	50	350	100	525	150
24-236(a)	525	150	1,050	300	1,575	450
24-236(b)(c)(d)	1,440	440	2,800	880	4,200	1,320
24-237(a)	1,000	150	2,000	300	3,000	450
24-237(b)	875	220	1,750	440	2,625	660
24-237(c)	350	350	700	700	1,050	1,050
24-238(a)	220	220	440	440	660	660
24-238(b)	875	220	1,750	440	2,625	660
24-239(b)	350	100	700	200	1,050	300
24-241	1,400	440	2,800	880	4,200	1,320
24-242	220	220	440	440	660	660
24-244(a)	1,750	440	3,500	880	5,250	1,320
24-244(b)	440	440	880	880	1,320	1,320
24-245	2,625	660	5,250	1,320	7,875	1,980
All remaining sections and subdivisions	875	220	1,750	440	2,625	660

* By the same respondent of the same provision of law, order, rule or regulation and, if the respondent is the owner, agent, lessee or other person in control of the premises with respect to which the violation occurred, at the same premises (all violations committed within two years).

Each day during which such violation continues shall constitute a separate violation. The board may remit, in whole or in part, such a civil penalty if, at the conclusion of the hearing or at the time of the board determination under section 24-266 of this code, the respondent is no longer in violation of a provision of this code, or of any order, rule or regulation promulgated by the commissioner or the board;

      (6)   Impose a civil penalty of not more than two hundred fifty dollars on any owner of a device for each day such equipment is sealed pursuant to this section;

      (7)   Impose a civil penalty of not less than one thousand nor more than four thousand dollars on any person who willfully breaks, or causes or permits the breaking of, a seal placed on a device pursuant to this section.

      (8)   Impose an additional civil penalty in the amount of twenty-five percent of that which would otherwise be imposed for each twelve decibels by which the sound or noise level measured exceeds the maximum sound level as contained in subchapters five and six of this chapter.

      (9)   Impose an additional civil penalty in the amount of ten percent of the penalty originally imposed, for late payment of penalty for each month, or part thereof, that the penalty payment is in arrears. In no event shall the total additional civil penalty exceed the maximum set forth in the table of civil penalties, or as modified pursuant to paragraph eight of this subdivision or paragraph ten of this subdivision, or both.

      (10)   Order any person to be classified as a persistent violator if such person is found to be in violation of this code and has also on one or more prior occasions within the preceding five years been found to be in violation of this code, where such repeated violations evidence substantial disregard thereof. If a person is classified as a persistent violator, the board shall in each instance double the amount of the penalty which it would otherwise impose pursuant to paragraph five of this subdivision. Such double penalties shall be imposed for violations which the board finds a person committed pursuant to the same proceeding at which it classified such person as a persistent violator and for all violations committed within two years immediately following such classification, after which such classification shall terminate. However, if at the end of such two year period such person is still in violation of this code because of a failure to take or complete a corrective action as required by the board, such classification shall continue until such time as such person is no longer in violation of this code because of such failure, at which time such classification shall cease. Thereafter, the board may again classify such person as a persistent violator, on the same basis it used originally.

   (c)   The board may, upon notice pursuant to section 24-259 of this code:

      (1)   order any person to cease and desist from the operation of any listed device without a certificate as required by section 24-245 of this code and the board may also seal such device;

      (2)   order any person to cease and desist from tunneling without a tunneling permit as required by section 24-245 of this code and the board may also seal any device used in such tunneling;

      (3)   order any person not in possession of an after hours work authorization issued pursuant to section 24-223 of this code to cease and desist from construction activities other than during the permissible hours specified in section 24-222 of this code and the board may also seal any device used in such construction activities;

      (4)   order any person to cease and desist from the operation of a device without registration required by section 24-208 of this code and the board may also seal such device.

   (d)   The board may order the commissioner to install any apparatus or to repair or alter any device or apparatus which causes or is maintained or operated so as to cause a violation of an order issued pursuant to paragraph two of subdivision (b) of this section, where such repairing or alteration can reasonably be expected to correct such a violation. Any work required under such an order may be executed by the commissioner through the officers, agents or contractors of the department. The department shall be reimbursed promptly for all costs and expenses of such work by the owner of the device to which the order relates and in respect to which such expenses were incurred. Such expenses may be recovered in a civil action brought in the name of the commissioner.

   (e)   If an order of the board issued pursuant to subdivisions (b) and (c) of this section provides for a period of time during which a person subject to the order is permitted to correct a violation, the board may require the respondent to post a performance bond or other security with the department in a form and amount sufficient to assure the correction of such violation within the prescribed time. In the event of a failure to meet the schedule prescribed by the board, the sum named in the bond or other security shall be forfeited and shall be paid to the commissioner.

   (f)   (1)   The board may order any person to cease and desist from an activity which it reasonably believes causes unreasonable noise which creates imminent peril to the public health and well being, or to cease and desist from an activity which it reasonably believes constitutes a willful or continued violation of any provision of this code or order or regulation, promulgated by the commissioner or board. Such order shall be effective upon service thereof. Any party affected by such an order may request a hearing on written notice, and he or she shall be afforded a hearing, within twenty-four hours after service of such request, pursuant to section 24-263 of this code. If such an accelerated hearing is not requested, then a hearing shall be afforded within ten days of the issuance of the order. The board shall issue its final decision and order thereon within three days from the conclusion of a hearing held pursuant to this subdivision.

   (g)   Notwithstanding the penalty amounts set forth in Table I in paragraph (5) of subdivision (b) of this section, the department may set default penalties that shall not exceed 400 percent of the penalty amount set by rule by the department for a violation of this chapter, except that the default penalty imposed pursuant to subdivision (b) of this section for a violation of subdivision (a) of section 24-218, as set forth in section 47-02 of title 15 of the rules of the city of New York or any successor provision, shall not exceed 150 percent of the scheduled penalty set forth therein.

   (h)   (1)   Notwithstanding table I in paragraph 5 of subdivision (b) of this section, a cure period is available for a first violation of subdivision (e) of section 24-218 as set forth in such subdivision, a first violation of section 24-227 as set forth in subdivision (d) of such section, a first violation of section 24-231 as set forth in paragraph (1) of subdivision (b) of such section and a first violation of section 24-232 as set forth in subdivision (g) of such section.

      (2)   Notwithstanding table I in paragraph 5 of subdivision (b) of this section, an owner, operator, manager or other person having control of any place of public performance shall be subject to a civil penalty of $0 for a first violation of subdivision d of section 24-218.1. The notice of violation for such first violation shall inform such owner, operator, manager or other person of the provision of law or rule that the department believes such owner, operator, manager or other person has violated, describe the condition or activity that is the basis for the notice of violation, advise such owner, operator, manager or other person that the law authorizes civil penalties for such violation and that subsequent violations may result in the imposition of such civil penalties. For a second, third or subsequent violation of subdivision d of section 24-218.1 or any rules promulgated pursuant thereto, such owner, operator, manager or other person shall be liable for a civil penalty in the amount prescribed for such violation in table I of paragraph 5 of subdivision (b) of this section.

(Am. L.L. 2016/072, 6/13/2016, eff. 3/13/2017; Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021; Am. L.L. 2023/151, 11/17/2023, eff. 11/17/2023)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/084, L.L. 2005/113, L.L. 2013/153, L.L. 2016/072 and L.L. 2021/080.