2006 New York Code - Citizen\'s Complaint.

 
    §  24-182 Citizen's complaint. (a) Any person, other than personnel of
  the department and employees of the city of New York authorized  by  law
  to  serve  summonses  for  violations  of  the  code, may serve upon the
  department a complaint, in a form prescribed by the department, alleging
  that a person has violated any  provision  of  this  code  or  order  or
  regulation  promulgated  by  the  commissioner or the board, except with
  respect to sections 24-143, 24-150 and 24-163 of this  code,  but  still
  applicable  to  buses  as  defined  in  section  one hundred four of the
  vehicle and traffic law, together with evidence of such violation.  With
  respect  to  section  24-142 of this code, only such person who has been
  certified as a smoke watcher, by passing a course of  smoke  observation
  approved  by the department within three years prior to the observation,
  may serve such complaint.
    (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
  within forty-five days from service of such complaint if;
    (1) The department has failed to serve a notice of violation, pursuant
  to section 24-180 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 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, pertaining to a
  violation of this code or any regulation or  order  promulgated  by  the
  commissioner  or  the  board,  wherein  the source of the violation is a
  manufacturing or industrial facility or a facility for the generation of
  steam for off-premises sale or electricity or equipment used by any such
  facility, the board shall award the complainant,  out  of  the  proceeds
  collected,  an amount which shall not exceed twenty-five percent of such
  proceeds,  for  disclosure  of  information  or  evidence,  not  in  the
  possession  of  the  department prior to the receipt of the complaint by
  the department, which leads to the imposition of the civil penalty.
    (e) In any proceeding brought by a complainant pursuant to subdivision
  (a) of this  section,  the  board  shall  award,  out  of  the  proceeds
  collected,  fifty  percent  of  any civil penalty as fair and reasonable
  compensation to such person.