Summons 39194867Y — Vacate order compliance
Normalized lookup key: 039194867YWhat DOB alleges
DOB alleges that a Vacate Order was not obeyed at the cited premises or area. The inspector's description specifically references Vacate Order.
Specific record details: Vacate Order. The description also references Vacate Order ISSUED.
Full violation description from the source extract
PARTIAL VACATE ORDER ISSUED ON 10/24/2023 FOR TEN FEET FROM THE PROPERTY LINE ADJACENT TO 2789 VALENTINE BUILDING DUE TO RETAINING WALL COLLAPSE. OBSERVED: TWO SEDAN VEHICLES PARKED WITHIN THE VACATE ZONE., COM
- Issue date
- July 6, 2026
- Served date
- July 6, 2026
- Source violation type
- Construction
- Severity
- CLASS - 1
- Hearing status in source extract
- PENDING
- 1F9 — 28-207.4 FAILURE TO OBEY A VACATE ORDER
Record-specific focus: Before choosing a correction or hearing strategy, verify the source allegation concerning partial vacate order issued on 10/24/2023 for ten feet from the property line adjacent to 2789 valentine building due to retaining wall collapse. observed: two sedan vehicles parked within the vacate zone., com.
What this violation means
DOB is alleging noncompliance with a Vacate Order—typically that a space subject to an order was occupied or used contrary to the restriction. Vacate-order issues are safety-sensitive and should be verified against the exact order.
What may be required to correct the condition
The current Vacate Order, the area it covers, and the conditions required for rescission should be reviewed before occupancy resumes. Correction may involve building work, permits, professional reports, inspections and a formal DOB process to lift or modify the order.
What the OATH hearing may involve
At OATH, the exact order, its effective date and scope, the inspector's observation of occupancy/use, and any evidence that the order had been rescinded or did not cover the cited area may matter.
Possible defenses or factual issues worth investigating
Confirm the order number, premises/area covered, whether it was still effective on the inspection date, and what DOB required for rescission. If occupancy is disputed, gather contemporaneous evidence rather than relying on assumptions. Cross-reference the other order/summons number cited in the inspector narrative rather than reviewing this record in isolation.
Documents and evidence that may be useful
- the Vacate Order and any amendments/rescission notice
- DOB inspection or reinspection records
- photographs and access/occupancy evidence
- permits, plans and professional reports used to correct the unsafe condition
- communications or filings seeking rescission