What DOB is alleging at this property
This October hearing page is not just a schedule entry. The supplied DOB extract contains 4 summons records for this property identifier. The charge mix is: 2 Stop Work Order summonses; Work Without a Permit; Sidewalk Shed / Scaffold. The hearing date is October 27, 2026; the source issue date(s) are August 17, 2023, September 14, 2023.
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.
Stop Work Order — Summons 39092794P
CLASS - 1 · Issued August 17, 2023; hearing October 27, 2026. · Hearing status: PENDING
DOB allegation in the source extract: UNLAWFULLY CONTINUED WORK WHILE ON NOTICE OF A FULL STOP WORK ORDER. AT TIME OF INSPECTION, OBSERVED, WORK IS IN PROGRESS CONTRARY TO THE FULL STOP WORK ORDER# 4827587. SUMMON# 39032929Z ISSUED AT 12/03/2020 BE
Cited provision(s): 1F8 — 28-207.2.5 TAMPERED WITH, REMOVED OR DEFACED A WRITTEN STOP WORK ORDER
How this type of condition is typically resolved
An active Stop Work Order has to be treated separately from the underlying summons. The cited unsafe or unpermitted condition must be corrected or legalized, required permits/penalties addressed, and the issuing agency must formally rescind or modify the order before prohibited work resumes.
Hearing issues to verify
- What exact work was covered by the Stop Work Order: all work or only part of the project?
- Was the activity observed after the order actually prohibited work, or was it authorized safety / emergency / corrective work?
- Was the Stop Work Order already rescinded or modified before the activity alleged in the summons?
Evidence that may matter
- Copy of the Stop Work Order and any rescission/modification notice
- DOB permit records and inspector correspondence
- Daily logs, photographs and contractor records showing when work stopped or resumed
- Evidence identifying any limited corrective/safety work performed
Work Without a Permit — Summons 39094899K
CLASS - 1 · Issued September 14, 2023; hearing October 27, 2026. · Hearing status: PENDING
DOB allegation in the source extract: WWAP. INSPECTION TIME, OBSERVED, CONSTRUCTION FENCE ERECTED AT FRONT, ALSO NOTED, AT FRONT & NEAR TO SIDEWALK CREATED A BIG OPENING ON FOUNDATION WALL APPROX. 6' BY 10' WITHOUT A PERMIT. THIS CONDITION PUTS THE
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
Sidewalk Shed / Scaffold — Summons 39094900Z
CLASS - 2 · Issued September 14, 2023; hearing October 27, 2026. · Hearing status: PENDING
DOB allegation in the source extract: JOB SITE FENCE IS CONSTRUCTED OR MAINTAINED PURSUANT TO SUBSECTION. AT TIME OF INSPECTION, OBSERVED, CONSTRUCTION FENCE HAS NO VIEWING PANELS AND NOT COLORED HUNTER GREEN AS PER CODE., COMPLY WITH CODE
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
Stop Work Order — Summons 39094901K
CLASS - 1 · Issued September 14, 2023; hearing October 27, 2026. · Hearing status: PENDING
DOB allegation in the source extract: TEMPERED WITH, REMOVED, OR DEFACED A WRITTEN POSTED STOP WORK ORDER. AT TIME OF INSPECTION, OBSERVED, SWO NOTICE (SUMMON# 39032929Z, ISSUED AT- 12/03/2020) REMOVED FROM THE FRONT DOOR. NOTED, SWO POSTER REPLACE
Cited provision(s): 1F8 — 28-207.2.5 TAMPERED WITH, REMOVED OR DEFACED A WRITTEN STOP WORK ORDER
How this type of condition is typically resolved
An active Stop Work Order has to be treated separately from the underlying summons. The cited unsafe or unpermitted condition must be corrected or legalized, required permits/penalties addressed, and the issuing agency must formally rescind or modify the order before prohibited work resumes.
Hearing issues to verify
- What exact work was covered by the Stop Work Order: all work or only part of the project?
- Was the activity observed after the order actually prohibited work, or was it authorized safety / emergency / corrective work?
- Was the Stop Work Order already rescinded or modified before the activity alleged in the summons?
Evidence that may matter
- Copy of the Stop Work Order and any rescission/modification notice
- DOB permit records and inspector correspondence
- Daily logs, photographs and contractor records showing when work stopped or resumed
- Evidence identifying any limited corrective/safety work performed
Case-specific next step
For this property, the first paid review should reconcile the 4 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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