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.
We had a very similar situation occur a couple of years ago with a restaurant and a very loud HVAC unit/Using the back garden as late as 4 and 5am. We called initially and they blew us off. We went to the restaurant and the said there was no one around to discuss the matter with–even though we knew the owner(s) were there. So we called 311. They came, took a DB reading and they were indeed in violation. The DEP guys said they were going to immediately inform and ticket them. Out my window, I could see the DEP guys looking at the HVAC unit with the owner of the restaurant then pointing to my home and saying that we were the ones that called it in.
The next day, I had eggs splattered all over the door and windows and was verbally threatened by the owner and subsequently visited by two menacing henchmen that I better not make any more trouble of else….
Thankfully, they insulated the offending HVAC unit.
Correction — I meant to say that the code requirement is 42 dBA. If DEP measures 43 dBA, a citation is unlikely.
The DEP normally doesn’t even contact the offender unless they find a noise violation, at which point they serve the business with an ECB summons (with a fine and hearing info — basically like a parking ticket but for noise). The restaurant may have heard about the complaint offhand, but there is no official notification until a violation is found in person by a DEP inspector.
Having seen many of these violation notices, I can say that they never list the name or specific address of the complainant. (Sometimes this can make it difficult for the offender to correct the problem.)
Also, the current NYC Noise Control Code limit for air conditioning equipment is 43 dBA measured at 3′ within an open dwelling window. Typically, the AC noise must exceed this amount, as well as exceeding the ambient noise (measured with the AC off) by a few dB, before they will issue a citation.
I’m not seeing anything on DEP’s website that says complaints will be kept anonymous. I know complaints to DOB about unsafe work sites and crime tips to PD are anonymous but maybe DEP thinks the accused should know their accuser. Makes me curious about the standards for other agencies.
@Petebklyn: I once received a visit from DEP about my motorbike (sadly, since sold) making too much noise and pollution. There was a complaint about me revving it in the driveway, working on it at odd hours. None of this was true, but there was (and still is) a crazy woman on the block who had fights with EVERYONE. The inspector visiting told me that it was her, I think in part because they’d received other complaints from her in the past. The complaint went away because she fabricated the wrong date about which to complain: I was in London on business that week! POINT IS–> I didn’t know the inspector yet he freely shared the identity of the complainant with me. Not always confidential.
Had exactly the same problem with Petite Crevette when they were on Atlantic Ave. Owner installed massive vent fan that made my apartment buzz. Went over to speak to him politely and he blew up at me. Yelling screaming, tried to physically throw me out – I’m 6′, he was 5 and change so it didn’t go quite as he hoped. I left and called DEP. Based on their measure was 1 decibel under ticketing amount.
Thankfully they closed shortly after. For some reason maybe he wasn’t getting as much neighborhood business as he hoped 😉
Couldn’t have happened to a nicer guy. Believe they moved.
You were pretty unsociable in not confronting the owner directly.
The city has made it virtually impossible to comply with every law, and the fines are extremely high.
You can either make peace with your neighbor or figure out how to defend your multi-million dollar unguarded property.
Be thankful that he didn’t mix roofing tar in with the paint.
Sorry to hear about the criminal mischief. Seeing that you don’t know for sure that it was the new restaurant who masterminded the crime, your plans for retaliation may be misplaced. Did they do anything about the compressor after your complaint? That’s the question. What was your experience like with the DEP?
Anyone actually have one of these camera set ups that digitally record for days on to a disk? Anyone recommend a link or a store? Specific brand that they are happy with that won’t break the bank?
I’m not saying anyone deserves to have their home vandalized. That’s ridiculous. I’m just saying that this is a restaurant with an owner, not some faceless mega corporation. The owner trying to make a living in troubling economic times may be completely unaware of your frustration and is blindsided by a hefty fine that you initiated on top of the repair bill. If you had contacted them directly the situation might have been resolved amicably. If the owner was unreachable or uncooperative then I could see escalating the situation to a complaint. But to not try and work with your neighbor strikes me as lazy or worse cowardly.