Retaliation for DEP Complaint
On Tuesday I complained to the DEP about an A/C compressor which has recently been installed on the top of the 1st floor extension of a new restaurant on Smith Street. The noise of this unit is well in excess of the code (43decibles). DEP requires you leave your name, address, etc., to file the…
On Tuesday I complained to the DEP about an A/C compressor which has recently been installed on the top of the 1st floor extension of a new restaurant on Smith Street. The noise of this unit is well in excess of the code (43decibles). DEP requires you leave your name, address, etc., to file the complaint. Sometime last night, someone dumped the contents of a 1 gallon pain can in my front yard and on my stoop. No proof, but pretty sure it’s related to the complaint. I called the precinct and they told me to call 911….(but I digress). Has anyone had experience with this sort of situation…obviously I’m dealing with a nut job, but I don’t see why I don’t have the right to expect commercial buildings to live up to the building code.
I like being direct and adult and everything, but I don’t think it’s unsociable to call 311 at all. I think it’s often savvy. It’s often a good idea to minimize person-to-person conflict near your home. Allowing the police or the DEP to handle your conflicts for you is often an effective de-personalizing tool.
Keep bugging the DEP. The complaints are anonymous. They will come measure at your place. The problem with approaching the owner directly is then that they’ll know for sure it was you who complained. Get your neighbors involved, too, if you can. I agree that the business should be more careful from the outset about compliance with noise code, rather than putting the burden on residents to complain. If you don’t want the DEP to come, you can hire an independent co. to come measure the noise, but I hear it’s $$$. Whoever services the unit should have a way to measure the noise to see if the system is in compliance, I would think — ?? Good luck.
I have dealt with DEP several times. They are mostly a bunch of wimps/lazies who will try to avoid issuing summons/fines etc unless the noise exceeds the limit consistently with several dbs (at least 5). Keep bugging them.
Appoqqiatura you are a paraniod, mis-informed person. This story clearly is about the DEP, not the DOB. Regardless, Inspectors are not supposed to reveal the source of a complaint. Most of the time they don’t know themselves. If they are divulging the complaintants information, they should be reported.
@Turtlejam19: What you want is a “sound level meter”. You can buy one for less than $50 at Radio Shack. Make sure you set the meter to measure A-weighted decibels or dBA.
Measure the noise with the HVAC unit running, from a point 3′ interior of your wide-open window. Also take the same reading when the HVAC unit is off. If the unit is louder than 42 dBA, and is also at least 2-3 dBA louder than the sound level when the HVAC unit is off, the unit is likely in violation and the DEP (if called) would issue a citation on the spot.
For reference, the code section regulating noise from HVAC equipment is NYC Noise Control Code §24-227, “Circulation Devices”.
There are a lot of central air units in backyards near me & the noise isn’t obtrusive. I’d suggest to your neighbor that he have his unit checked before something burns out.
I think there is real reason to careful when registering complaints, as I do believe that there could be access to the database, probably through the DOB or other City / state agency.
Just based on what I’ve heard and read about here in brooklyn over the last few years, I’d say there’s a very good chance that a well-connected developer/contractor/business owner could gain access to the “confidential” anonymous information that a caller gives. There is still corruption within the DOB, so…
Make the complaints from a pay phone, just in case…Also, write a letter and call Bloomberg’s office when this type of retaliation occurs. I would not file a complaint with just the brooklyn borough officials, because they may be part of the problem.
go to the top as I think Bloomberg wants to clean up the bad behavior, and probably doesn’t know the half of what’s going on here…
I had a noise issue with one of my neighbors – a church. I wrote a very polite and friendly letter advising them of the issue and asked that they take corrective action as soon as they reasonably could. I received a very polite phone call from the pastor advising that they would correct the issue immediately, which they did.
While the restaurant may be owned by a faceless corporation, in future I would recommend writing to them before getting the city involved. If you don’t receive a satisfactory response from a letter, then complain to the city.
Even so, if they did dump the paint on your stoop that is not reasonable, retaliating for making a report to the city is childish and should not be tolerated, however, unless you can prove who dumped the paint, there is not a whole lot you can do.
I’m having a similar problem with my neighbor. They turned on their central air unit (which sits in the back of their garden) during last weekend’s heat wave and the loud noise it produced was incredible. Given that I’ve never heard it before (its been installed for almost two years) I assumed that the unit needed to be serviced. But when I mentioned the noise to my neighbor he told me that they turned it on for the very first time ever last weekend. If this is what the unit sounds like normally it will become unbearable to be out in our garden this summer. We will deal with our neighbor directly to resolve the issue, but does anyone know how we can test the decible level – just in case? Is there some inexpensive device that you can buy, or do you have to file a complaint with the DEP to get them to come to take the reading? We definitely do not want to go down this route. We like our neighbor and want it to stay that way – but the noise really is beyond tolerable.