What DOB is alleging at this property
This October hearing page is not just a schedule entry. The supplied DOB extract contains 5 summons records for this property identifier. The charge mix is: 2 Other Building / Code Compliance summonses; 2 Site Safety / Safeguarding summonses; Work Without a Permit. The hearing date is October 7, 2026; the source issue date(s) are July 30, 2026.
Important: The discussion below identifies correction paths, hearing issues and evidence worth investigating from the summons data. It does not state that a defense will succeed. OATH decides liability from the evidence and law presented in the case.
Other Building / Code Compliance — Summons 39557343N
CLASS - 1 · Issued July 30, 2026; hearing October 7, 2026. · Hearing status: PENDING
DOB allegation in the source extract: AT THE TIME OF MY INSPECTION OF A 17 STORY NEW BUILDING AT FOUNDATION/EXCAVATION PHASE, I OBSERVED UNDERPINNING IN PROGRESS AT EXPOSURE #4 ADJACENT BUILDING. UPON REVIEW OF THE DEPARTMENT RECORD IT REVEAL THAT
Cited provision(s): 111 — BC 3304.3,1 RCNY 52-01(A) FAIL TO NOTIFYDOB PRIOR TO COMMENCEMENT OF EARTHWORK
How this type of condition is typically resolved
The first step is to read the inspector's narrative together with every cited code section and determine exactly what act, condition or missing filing DOB alleges. The correction and hearing strategy should then be built around that specific charge rather than a generic violation-removal checklist.
Hearing issues to verify
- Does the summons identify the correct property, respondent, date and observed condition?
- Do agency records support or contradict the inspector's description?
- Was the condition corrected, permitted or otherwise resolved before the hearing?
Evidence that may matter
- Official DOB/OATH property and summons records
- Dated photographs and videos
- Permits, approved plans and inspection results
- Contracts, receipts, professional letters or witness statements tied to the cited condition
Site Safety / Safeguarding — Summons 39557409R
CLASS - 1 · Issued July 30, 2026; hearing October 7, 2026. · Hearing status: PENDING
DOB allegation in the source extract: AT THE TIME OF MY INSPECTION OF A 17 STORY NEW BUILDING AT FOUNDATION/EXCAVATION, I OBSERVED UNDERPINNING IN PROGRESS AT EXPOSURE#4 ADJACENT BUILDING, INVESTIGATION REVEAL THAT DUE TO INADEQUATE SOE, MONITORING
Cited provision(s): 109 — BC 3301.2,27-1009(A) FAIL TO SAFEGUARD PERS/PROPERTY AFFECTED BY CONSTRUCTION OP
How this type of condition is typically resolved
These charges focus on protection of workers, occupants, neighboring property or the public during construction. Correction normally requires fixing the specific unsafe condition, documenting required safety measures and keeping the required site records current.
Hearing issues to verify
- What precise safety measure does the summons say was missing or inadequate?
- Was the condition temporary and corrected before or during the inspection?
- Did an approved site-safety plan or required site document address the cited condition?
Evidence that may matter
- Site Safety Plan / logistics drawings
- Daily safety logs and competent-person/site-safety records
- Photographs taken around the inspection time
- Contractor or safety-manager statements and correction records
Work Without a Permit — Summons 39557399M
CLASS - 1 · Issued July 30, 2026; hearing October 7, 2026. · Hearing status: PENDING
DOB allegation in the source extract: AT THE TIME OF MY INSPECTION OF A 17 STORY NEW BUILDING AT FOUNDATION/EXCAVATION PHASE, I OBSERVED UNDERPINNING IN PROGRESS AT EXPOSURE #4 ADJACENT BUILDING, UPON REVIEW OF THE DEPARTMENT RECORD IT REVEAL THAT
Cited provision(s): 101 — 28-105.1 WORK WITHOUT A PERMIT
How this type of condition is typically resolved
The correction path usually starts by determining whether the observed work required a permit and whether the condition can legally remain. If it can remain, legalization may require plans, a filing, permit, inspections and closeout; if it cannot or the owner does not want to legalize it, restoration to a lawful condition may be required.
Hearing issues to verify
- Did a valid permit already cover the exact work described by the inspector on the issue date?
- Was the cited activity actually permit-required work, or was it maintenance / exempt work under the applicable facts?
- Do the approved drawings, permit scope and inspection history match the condition the inspector described?
- If a Stop Work Order was issued, was the work stopped and was any later work performed only after the required authorization?
Evidence that may matter
- Permit and DOB NOW/BIS job records that predate the inspection
- Approved plans and amendments showing the cited work
- Dated photographs of the condition and construction stage
- Contracts, invoices and contractor statements establishing what work was actually performed
- Inspection / sign-off records if the work was subsequently legalized
Site Safety / Safeguarding — Summons 39557342L
CLASS - 1 · Issued July 30, 2026; hearing October 7, 2026. · Hearing status: PENDING
DOB allegation in the source extract: BC 3310.5.3 AT THE TIME OF MY INSPECTION OF A 17 STORY NEW BUILDING AT FOUNDATION/EXCAVATION PHASE, I OBSERVED UNDERPINNING IN PROGRESS, UPON REVIEW OF THE SITE SAFETY MANAGER LOG BOOK IT REVEAL THAT HIS LAST D
Cited provision(s): 1P7
How this type of condition is typically resolved
These charges focus on protection of workers, occupants, neighboring property or the public during construction. Correction normally requires fixing the specific unsafe condition, documenting required safety measures and keeping the required site records current.
Hearing issues to verify
- What precise safety measure does the summons say was missing or inadequate?
- Was the condition temporary and corrected before or during the inspection?
- Did an approved site-safety plan or required site document address the cited condition?
Evidence that may matter
- Site Safety Plan / logistics drawings
- Daily safety logs and competent-person/site-safety records
- Photographs taken around the inspection time
- Contractor or safety-manager statements and correction records
Other Building / Code Compliance — Summons 39557408P
CLASS - 1 · Issued July 30, 2026; hearing October 7, 2026. · Hearing status: PENDING
DOB allegation in the source extract: AT THE TIME OF MY INSPECTION OF A 17 STORY NEW BUILDING, I OBSERVED UNDERPINNING IN PROGRESS AT EXPOSURE #4 ADJACENT BUILDING WITH A SINK HOLE AND LOTS OF CRACKS TO THE ROOF. UPON REVIEW OF THE DOB RECORD IT RE
Cited provision(s): 192 — BC 3301.8 FAILURE TO IMMEDIATELY NOTIFY THE DEPARTMENT OF AN ACCIDENT AT CONSTRU
How this type of condition is typically resolved
The first step is to read the inspector's narrative together with every cited code section and determine exactly what act, condition or missing filing DOB alleges. The correction and hearing strategy should then be built around that specific charge rather than a generic violation-removal checklist.
Hearing issues to verify
- Does the summons identify the correct property, respondent, date and observed condition?
- Do agency records support or contradict the inspector's description?
- Was the condition corrected, permitted or otherwise resolved before the hearing?
Evidence that may matter
- Official DOB/OATH property and summons records
- Dated photographs and videos
- Permits, approved plans and inspection results
- Contracts, receipts, professional letters or witness statements tied to the cited condition
Case-specific next step
For this property, the first paid review should reconcile the 5 October summons records against the current OATH/DOB record, identify which alleged conditions remain open, and separate the hearing defense from the DOB correction / certification work. That prevents paying for correction work that does not address the actual charge—or appearing at OATH without the documents needed for the cited condition.
Submit These Summonses for Review