Section 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. 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;
 
                                  TABLE I
  ________________________________________________________________________
                      Civil Penalties
  Violations
  related to section              First        Second         Third and
  and subdivision                 Violation    Violation*     Subsequent
                                                            Violations*
                              Maxi-   Mini-  Maxi-   Mini-  Maxi-   Mini-
                              mum     mum    mum     mum    mum     mum
  24-216 (d)                2,625     650    5,250  1,300   7,875  1,950
  24-218                    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                      875     220    1,750    440   2,625    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)                8,000   2,000   16,000  4,000  24,000  6,000
  24-231 (b)                1,750     440    3,500    880   5,250  1,320
  24-231 (c)                  875     350    1 750    700   2,625  1,050
  24-232                    1,400     440    2,800    880   4,200  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)                  875     220    1,750    440   2,625    660
  24-237 (d)                1,000     350    2,000    700   3,000  1,050
  24-238                      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                      875     220    1,750    440   2,625    660
  24-244                    1,750     440    3,500    880   5,250  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
  substanial  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
  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.