NYC 9/11 Public Portal Document
CHAPTER 2—NOISE CONTROL § 24-259
(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 wilful 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.
(2) The board may rescind in whole or in part a variance issued by an
agency of the city of New York pursuant to subdivision (b) of section 24-224
of this code. Such order shall be effective upon service thereof upon such
agency and upon the person to whom such variance was issued.
§ 24-258 The board. (a) • The board shall be convened by the chairper-
son, or in the chairperson's absence the assistant commissioner of air re-
sources, 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 whom shall not be city
officials, shall constitute a quorum.
§ 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
6233 NYC 4-30-93
NYC-WTC 000138234
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