Demolition, structural removal or excavation: NYC DOB 28-105.12.2 / OATH summons 39558503H
Original inspector allegation — verbatim available export
OBS.ACTIVE EXCAVATION/FNDN WORK. KOMATSU PC238USLC EXCAVATOR ADJ. TO PARK AVE SOE; SURCHARGE/LOCATION NOT SHOWN ON APPR. SOE DOCS. MARKED RAKERS OMITTED THOUGH PLANS ALLOW OMISSION ONLY W/O CONST. SURCHARGE. RD
Source limit: Source reference: NYC OATH/DOB summons 39558503H; BIN 1803104; export issue date 08/28/2026. The earlier export status was ACTIVE; obtain current status from DOB or OATH. The CSV contains a respondent mailing address, which is not presumed to identify the inspected property. This is the entire description available in the supplied export, not a certified full summons, inspector notes or evidentiary exhibits. The description is at the export’s approximately 210-character field limit and may terminate mid-word or mid-sentence.
Get the complete, authentic notice: search summons 39558503H in OATH Summons Finder instructions (download actual summons) and download the actual summons; review DOB records in NYC DOB records search. Never substitute the editorial discussion below for the inspector’s words.
Charge classification: law controls; keywords do not
Recorded citation: 28-105.12.2; recorded infraction: 282. Primary legal issue: departure from approved construction documents. Interpretive issue: Work must conform to approved documents. This citation concerns deviation from approved construction documents or amendments, a distinct issue from never having applied for a permit.
What must be tested: Obtain the approved stamped plan set and filed amendments; mark each observed departure on an overlay and determine whether field correction, approved amendment or separate filing is required.
Possible exceptions and legal limitations: Not every field difference proves a material violation; confirm the approved revision, permitted scope, as-built condition and applicable administrative process. Eligibility is not established merely because the excerpt uses a word such as “repair”, “permit”, “cellar”, or “occupied”. Refer to NYC DOB construction codes.
Specific conditions mentioned in this inspector wording
1. Demolition, structural removal or excavation
Investigative test: Determine work stage, support and public/adjoining safeguards; assess whether stop-work, temporary protection and engineered plans are necessary.
Evidence matched to this issue: Dated sequence of work, preconstruction surveys, approved demolition/excavation plans, underpinning/shoring details and trade inspection reports.
Boundary / potential counterexample: Removal of finishes differs from load-bearing demolition; do not infer an approved scope from general photos.
Inspector wording mapped to testable facts
Passage 1 — OBS.ACTIVE EXCAVATION/FNDN WORK.
This recorded passage identifies a question about demolition, structural removal or excavation, not a proven final determination. Determine work stage, support and public/adjoining safeguards; assess whether stop-work, temporary protection and engineered plans are necessary. Removal of finishes differs from load-bearing demolition; do not infer an approved scope from general photos.
Passage 2 — KOMATSU PC238USLC EXCAVATOR ADJ.
Treat this passage as an asserted observation or reference. Check the named location, actor, object and time against contemporaneous photos and official filing records before drawing a regulatory conclusion.
Passage 3 — TO PARK AVE SOE
Treat this passage as an asserted observation or reference. Check the named location, actor, object and time against contemporaneous photos and official filing records before drawing a regulatory conclusion.
Passage 4 — SURCHARGE/LOCATION NOT SHOWN ON APPR.
The negative/deficiency wording is an inspector allegation about a missing, failed or unsafe condition. Determine precisely which component, obligation and time period the asserted absence covers. The supporting documents must establish or rebut the condition on the offense date, not merely its condition today.
Passage 5 — SOE DOCS.
Treat this passage as an asserted observation or reference. Check the named location, actor, object and time against contemporaneous photos and official filing records before drawing a regulatory conclusion.
Passage 6 — MARKED RAKERS OMITTED THOUGH PLANS ALLOW OMISSION ONLY W/O CONST.
Treat this passage as an asserted observation or reference. Check the named location, actor, object and time against contemporaneous photos and official filing records before drawing a regulatory conclusion.
Passage 7 — SURCHARGE.
Treat this passage as an asserted observation or reference. Check the named location, actor, object and time against contemporaneous photos and official filing records before drawing a regulatory conclusion.
Identifiers, locations, measurements and chronology to verify
No uniquely parseable earlier summons number, permit number, date, exposure or measurement is established by this excerpt. The full notice and building profile should supply the missing keys; do not invent them.
Case-specific correction decision tree
Branch A — physical or documentary defect persists: evaluate risk and the controlling technical text, then select correction. Branch B — it was already compliant on the cited date: marshal contemporaneous approved records and site evidence. Branch C — scope, code edition or identification is wrong: prepare a fact-by-fact comparison to the actual summons and cited regulation before advancing a defense or revised filing.
First targeted evidence collection: Dated sequence of work, preconstruction surveys, approved demolition/excavation plans, underpinning/shoring details and trade inspection reports. This is an investigative request, not a claim that the work or evidence already exists.
Editorial closure of the shortened allegation — NOT source text
Verbatim excerpt ends: “ SHOWN ON APPR. SOE DOCS. MARKED RAKERS OMITTED THOUGH PLANS ALLOW OMISSION ONLY W/O CONST. SURCHARGE. RD”. Non-source editorial completion (conditional reconstruction, not a quotation): “The allegation appears to concern demolition, structural removal or excavation; whether additional observations, directions, dates, measurements or exceptions followed is unknown and must be checked in the original summons.”
No missing words, dates, measurements, liability conclusion or regulatory remedy have been invented. Even if the final syllable looks obvious, completing it as a purported inspector quotation would misstate an official record.
Response, certification and closing evidence
A hearing defense, correction of the underlying condition, a DOB AEU Certificate of Correction and payment of an imposed penalty are distinct questions. Retrieve the summons and confirm the OATH hearing or outcome and DOB violation status. Under current DOB guidance, Certificate of Correction review requests are made in DOB NOW: Safety → Violations & Notices of Deficiency; submitter/certifier signatures and evidence requirements are case-specific. Refer to Certificate of Correction instructions.
Source record limitations: The dataset does not authenticate who inspected the property, why inspection started, whether a defense succeeded, which contractor made repairs or whether AEU later accepted a correction. Do not turn this example into a claimed client success story or an invented inspection history.
Primary authority and fact-check links
- OATH Summons Finder instructions (download actual summons) — enter summons 39558503H and obtain the signed notice.
- NYC DOB construction codes — verify law wording and any exception.
- BIS / DOB NOW record limitations — older BIS violations may not be in DOB NOW.
- Certificate of Correction instructions — review current COC procedure, signatures and evidence.
Related library and official records
Official sources: Search DOB records · DOB summonses · Certificate of Correction FAQs · OATH hearing options · Construction codes
Need a resolution plan tied to the full summons?
Building Violation LLC can review the violation wording, permits, drawings, correction evidence and available OATH hearing procedures. A web example is not a determination of compliance for any property.