§ 36-04 Certification of Cure – Violation of § 24-227.
RCNY § 36-04
(a)Pursuant to paragraph (d) of § 24-227 of the Code, the Commissioner may recommend to the Board that no civil penalty be imposed for a first violation of such section provided that, within 45 days after the return date, the respondent admits liability and files a certification with the Department containing the information and documentation prescribed in subdivision b of this section.
(b)The certification required by subdivision (a) of this section must be made by a contractor or consultant retained by the owner of the circulation device in a notarized letter to the Department that includes: (1) A certification that the circulation device is in compliance with the sound levels set forth in § 24-227 of the Code; (2) A description of all permanent improvements and modifications made to achieve compliance with such sound levels, including but not limited to, the installation of appropriate sound insulation, isolators, suspension mounting and/or sound mitigation devices or materials, and diagrams of such work, together with copies of all bills and receipts for such work; and (3) All sound level measurements taken at a location within the two closest receiving properties abutting the establishment and/or in a location specified by the Department. If there is difficulty gaining entry to any receiving property, the Department must be informed and will set an alternate location. All such measurements must be performed by a noise consultant or contractor. In the alternative, the respondent may request the Department to take measurements.
(c)If the Commissioner determines that the work described in the certification required by this section is insufficient to correct the violation, the Commissioner may not recommend a zero penalty. If the Commissioner accepts the certification required by this section, he or she will recommend to the Board that no civil penalty be imposed for the violation. Such violation may still serve as a predicate for purposes of imposing penalties for subsequent violations of § 24-227 of the Code.
