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: Work Without a Permit; Demolition; Site Safety / Safeguarding; Sidewalk Shed / Scaffold; Construction Fence. The hearing dates are October 16, 2026, October 9, 2026; the source issue date(s) are September 6, 2025, September 7, 2025, September 8, 2025.
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.
Work Without a Permit — Summons 35668268Z
CLASS - 1 · Issued September 6, 2025; hearing October 9, 2026. · Hearing status: DEFAULT
DOB allegation in the source extract: WORK AFTER HOURS WITHOUT A VARIANCE PERMIT CONTRARY TO 28-105.12.5.AFTER HOUR CONSTRUCTION TOOK PLACE ON SATURDAY SEPTEMBER 6TH WITH NO AFTER HOUR VARIANCE PERMIT FILED IN THE DOB SYSTEM #44991 WAS SUBMITTED ON
Cited provision(s): 1C6 — 28-105.1 WORK AFTER HOURS W/O VARIANCE PERMIT CONTRARY TO 28-105.12.5
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
Demolition — Summons 35668414H
CLASS - 1 · Issued September 6, 2025; hearing October 16, 2026. · Hearing status: DEFAULT
DOB allegation in the source extract: FAILURE TO PROMPTLY NOTIFY THE DEPARTMENT OF AN ACCIDENT,INCIDENT OR DAMAGED TO ADJOINING PROPERTY AT CONSTRUCTION/DEMOLITION SITE.GC FAILEDTO NOTIFY THE DEPARTMENT OF AN INCIDENT THAT OCCURRED ON 9/6/25.AS PER
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
Demolition charges can involve missing permits, missing notifications, unsafe demolition practices or work outside approved scope. Resolution requires identifying the exact procedural/safety failure and completing the missing filing or corrective work.
Hearing issues to verify
- Was a demolition permit or required notification in effect before work began?
- Did the cited activity constitute demolition under the applicable filing, or another permitted scope?
- Do contractor and agency records show the required notice was timely?
Evidence that may matter
- Demolition permit and DOB NOW filing history
- Required notification confirmation / timestamp
- Asbestos/environmental documents
- Contractor logs, photographs and demolition sequence records
Site Safety / Safeguarding — Summons 39159499X
CLASS - 1 · Issued September 8, 2025; hearing October 16, 2026. · Hearing status: DEFAULT
DOB allegation in the source extract: UPON INSPECTION, FULL DEMOLITION UNDERGOING OPERATION AND CONTRACTOR FAILED TO PROVIDE OVERHEAD PROTECTION AT ADJACENT PROPERTY ON EXPOSURE 4 (169 MESEROLE AVENUE) AND TO MAINTAIN CONSTRUCTION FENCE. THIS CREAT
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
Sidewalk Shed / Scaffold — Summons 39544558H
CLASS - 2 · Issued September 7, 2025; hearing October 16, 2026. · Hearing status: DEFAULT
DOB allegation in the source extract: AT THE TIME OF INSPECTION, INACTIVE JOBSITE. I OBSERVED THAT THE CONSTRUCTION FENCE PANELS AT EXPOSURE ALL EXPOSURE NOT PROPERLY MAINTAINED PURSUANT TO SUBSECTION ACCORDING TO BC 3307.7. FENCE PANELS IN INADEQ
Cited provision(s): 211 — BC 3307.7,27-1021(C) JOB SITE FENCE NOT CONSTRUCTED PURSUANT TO SUBSECTION
How this type of condition is typically resolved
The issue is typically whether the shed/scaffold was permitted, properly installed and maintained, and whether the equipment matched the approved filing and current safety requirements. Correction can involve permit renewal, physical modification, inspection, or removal.
Hearing issues to verify
- Was the equipment covered by an active permit on the inspection date?
- Did the installed dimensions/protection match the approved design?
- Was a cited defect already corrected before the summons was issued or served?
Evidence that may matter
- DOB NOW equipment permit and approved drawings
- Engineer/contractor inspection logs
- Dated site photographs
- Renewal or removal records
Construction Fence — Summons 39544560R
CLASS - 2 · Issued September 7, 2025; hearing October 16, 2026. · Hearing status: DEFAULT
DOB allegation in the source extract: INACTIVE JOBSITE, I OBSERVED CONSTRUCTION FENCE INSTALLED AT ALL EXPOSURE IN ADEQUATE CONDITION (PANELS NOT MAINTAINED NOT FULLY ENCLOSED WITH COLLAPSE PANEL). AFTER REVIEW OF BIS & DOB RECORDS FENCE PERMIT EXP
Cited provision(s): 207 — BC 105.8.2 TEMPORARY CONSTRUCTION EQUIPMENT ON SITE-EXPIRED PERMIT
How this type of condition is typically resolved
Construction-fence charges generally require bringing the fence, gates, viewing panels, height and site protection into compliance with the approved construction-safety setup and maintaining it for the required duration.
Hearing issues to verify
- Did the fence configuration on the inspection date match the approved/logistics plan?
- Was the cited opening or defect temporary and promptly corrected?
- Was a permit or construction-fence filing active where required?
Evidence that may matter
- Approved construction-fence/site logistics documents
- Dated photographs
- Contractor logs and correction invoice
- Permit/filing record
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.
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