Summons 39161226N — Work without a permit
Normalized lookup key: 039161226NWhat DOB alleges
DOB alleges that construction or alteration work was performed without the required permit. The inspector's description specifically references cellar, excavation and exposure 1.
Specific record details: cellar, excavation, exposure 1.
Full violation description from the source extract
OBSERVED EXCAVATION AT EXPOSURE #1AT 382 AUDUBON AVE BETWEEN GROUND FLOOR AND CELLAR, APPROX 7' DOWN, MOSTELY STONED REMOVED AND STORED OUTSIDE BUILDING, NO PERMIT ON FILE, STOP ALL WORK IMMEDIATELY ONLY TO MAK
- Issue date
- September 22, 2025
- Served date
- September 22, 2025
- Source violation type
- Construction
- Severity
- CLASS - 1
- Hearing status in source extract
- PENDING
- 101 — 28-105.1 WORK WITHOUT A PERMIT
Record-specific focus: Before choosing a correction or hearing strategy, verify the source allegation concerning observed excavation at exposure #1at 382 audubon ave between ground floor and cellar, approx 7' down, mostely stoned removed and stored outside building, no permit on file, stop all work immediately only to mak.
What this violation means
DOB is alleging that construction or alteration work occurred without the permit required for that scope. The key resolution question is whether the current condition can be legalized, is already covered by an existing approval, or must be restored/removed.
What may be required to correct the condition
Research the permit and approved-plan history before choosing a cure. If the work can legally remain, a registered architect or professional engineer may need to prepare or amend drawings and coordinate permits; licensed trades may be required for regulated work. If legalization is not viable, restoration to an approved condition may be the faster path.
What the OATH hearing may involve
Hearing preparation should focus on the actual scope observed, the permit record in effect on the inspection date, whether the cited work matches an approved filing, who was responsible for the work, and any photographs or records showing the condition before or after correction.
Possible defenses or factual issues worth investigating
Compare the inspector's description to the approved plans and permit scope, determine when the work was performed, and verify whether the work was exempt, previously approved, or later legalized. None of those possibilities should be assumed without records. Because the description identifies several physical components or locations, photographs and records should be matched to those specific details rather than submitted as general property evidence.
Documents and evidence that may be useful
- DOB permit/application history
- approved plans and amendments
- photographs of the cited work
- contracts, invoices and contractor records
- proof of restoration/legalization and any inspection or sign-off records