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Seems like all sorts of loopholes in new noise code. We finally got a noise violation issued to a restaurant whose HVAC has been the bane of our rear line shareholders. Problem is the offender gets 6-8 weeks before he has to appear in court and he is making no signs of curing the situation anytime soon. The managing agent for that building doesn't care, and we are going nuts as the HVAC is detreriotating daily giving off more loud grinding racket 15 hours a day, 7 days a week. Borough Presidnet's office said nothing else they can do. We are considering sending a lawyer's letter to the managing agent threatening a law suit. Has anyone had to resort to this? IS ther legal remedy available (or threat of) that can bring about a faster and better result than the sad DEP process? Even with our windows shut it sounds like we're underneath an idling bus. And, btw, the noise code is very misleading-this guy had a 57 dcibel reading and the ambient level was 52-so the DEP brochure saying the lower thresehold for a violation is 45 is not really true. There are all sorts of contingencies.
This restaurant sounds like such a bad neighbor, I think you ought to make a little noise yourself.
First, let everyone know. Go to restaurant blogs and urge people not to eat there. Post flyers around the neighborhood.
Get a picket line in front of the place, after first alerting news organizations that something big and visual is going to take place -- stressing (this is important) that the legal process is broken, that the new law doesn't work, and that a whole building of average, everyday working people are being deprived of the sleep and peace that they need in order to work.
Let your community board know. Let your State Assemblyman know. Ask your attorney if you need a permit to protest, and get one. If you can't get one, protest anyway -- you have a First Amendment right, and it'll get on the news.
Don't forget to shoot video of the picket an e-mail it to TV and online news orgs. The overall purpose is to give this disgustingly selfish restaurant such embarrassing PR that they'll have to fix the violation. Also, it'll call attention to loopholes in the city law, which makes it legitimate news.
this is perhaps a bit easier and she can help you mediate with the restaurant.
call: CENYC phone 212-788-7900 fax. 212-788-7913
Thanks for all your suggestions-hard and soft ones alike! I will follow up on both recommendations and let you know our progress. These responses just affirm what a great online community Board Talk is-thanks, Habitat, for getting it back up online!
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call this fantastic woman: Arline L. Bronzaft of the Council on the Environment , NYC
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