Section 24-261. Citizen's complaint  


Latest version.
  • (a) Any person other than personnel of
      the department and employees of the city of New York authorized  by  law
      to  serve  summonses  for  violation  of  the  code  may  serve upon the
      department a complaint in a form prescribed by the commissioner alleging
      that a person has violated a provision of this code set forth  in  table
      VI,  below,  or  an order or regulation promulgated under such provision
      together with evidence of such violation.
     
                                      Table VI
     
      Violation related to
      section or subdivision
      and order or regulation
      thereunder
      24-208
      24-216
      24-220 (b)
      24-224
      24-232, except that the provisions of this section  24-261  shall  apply
        only  to violations by persons operating motor vehicles listed in sub-
        divisions one and two of column I, and subdivisions  one  and  two  of
        column II of Table 1. 24-234 24-236 24-237, except that the provisions
        of  this  section  24-261  shall apply only to a violation by a person
        operating a circulation device with a  rated  capacity  in  excess  of
        fifty thousand British thermal units per hour or its equivalent.
      24-238
      24-240
      24-241
      24-244
      24-245
     
        (b) A person who has served a complaint pursuant to subdivision (a) of
      this  section  may serve upon the person allegedly in violation and upon
      the board a notice of violation in a form prescribed by  the  board,  if
      within thirty days from service of such complaint:
        (1) The department has failed to serve a notice of violation, pursuant
      to section 24-259 of this code, for the violation alleged in a complaint
      pursuant to subdivision (a) of this section; or
        (2)   The  department  fails  to  serve  a  written  notice  upon  the
      complainant of its determination that his or her complaint is  frivolous
      or duplicitous.
        (c) A person commencing a proceeding before the board pursuant to this
      section, shall prosecute such proceeding at his or her own expense.  The
      department may intervene in such a proceeding at any time.
        (d)  In  any  proceeding  brought  by the department after receiving a
      complaint pursuant to subdivision (a) of this section, the  board  shall
      award   the  complainant,  out  of  the  proceeds  collected,  fair  and
      reasonable compensation, which shall not exceed twenty-five  percent  of
      the proceeds collected, for disclosure of information or evidence not in
      the  possession  of the department, which leads to the imposition of the
      civil penalty.
        (e) In any proceeding brought by a complainant, the board shall award,
      out of the proceeds collected, fifty percent of  any  civil  penalty  as
      fair and reasonable compensation to such person.