Stop-work-order scope and continued activity: NYC DOB 28-207.2.2 / OATH summons 35728381M

Original inspector allegation — verbatim available export

UNLAWFUULY CONTINUED WORK WHILE ON NOTICE OR STOP WORK ORDER. ATOI OBSERVED CONSTRUCTION WORK IN PROGRESS ON ADDITION TO ROOF. WORKERS WORKING ON SUSPENDED SCAFFOLD. ALL IN VIOLATION OF PSWO ISSUED ON 8/12/2026

Source limit: Source reference: NYC OATH/DOB summons 35728381M; BIN 3418167; export issue date 08/25/2026. 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 35728381M 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: 28-207.2.2; recorded infraction: 112. Primary legal issue: stop-work-order violation. Interpretive issue: Work in violation of a Stop Work Order. AC 28-207.2.2 prohibits continuing, authorizing or facilitating work covered by a Stop Work Order with knowledge or notice of the order.

What must be tested: Determine the SWO scope, effective date, notice, precise work activity after notice, rescission history and contemporaneous jobsite evidence.

Possible exceptions and legal limitations: Commissioner-authorized work to remedy a hazardous condition may be treated differently. An issued work permit by itself does not rescind an active SWO. Eligibility is not established merely because the excerpt uses a word such as “repair”, “permit”, “cellar”, or “occupied”. Refer to DOB Stop Work Orders.

Specific conditions mentioned in this inspector wording

Inspector wording mapped to testable facts

Passage 1 — UNLAWFUULY CONTINUED WORK WHILE ON NOTICE OR STOP WORK ORDER.

This recorded passage identifies a question about stop-work-order scope and continued activity, not a proven final determination. Map the limits of the order and the precise trade/operation allegedly continuing after effective notice. A permit does not lift the SWO; evaluate narrow authorization for emergency protection separately.

Passage 2 — ATOI OBSERVED CONSTRUCTION WORK IN PROGRESS ON ADDITION TO ROOF.

This recorded passage identifies a question about roof and weather protection, not a proven final determination. Identify roof surface, drainage path, penetration and whether the alleged defect affects structure, exits, occupied rooms or adjacent properties. Not every patch requires an identical permit; ordinary-repair exemption and technical requirements must be tested against scope.

Passage 3 — WORKERS WORKING ON SUSPENDED SCAFFOLD.

This recorded passage identifies a question about scaffold platform and fall protection, not a proven final determination. Identify scaffold type, working height, affected exposure, full decking, rail/toe-board/bracing and whether engineered drawings or permits were required. A sidewalk shed and a scaffold are not interchangeable; their permit thresholds and protection details differ.

Passage 4 — ALL IN VIOLATION OF PSWO ISSUED ON 8/12/2026

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

Cited calendar date: 8/12/2026

Check whether this is a permit expiry, previous summons issuance, reinspection or compliance deadline; each has a different consequence.

Identified floor: ROOF

Tie inspection photographs to the stated level, approved floor plan, egress route, and actual room use.

Case-specific correction decision tree

Branch A — covered work continued after notice: stop it and address any immediate danger; document cessation and seek lawful SWO rescission. Branch B — alleged activity falls outside the order: compare location/trade against the signed order. Branch C — emergency work is asserted: produce explicit Commissioner authorization and contemporaneous safety records, not just a contractor invoice.

First targeted evidence collection: Actual posted/order document, service/notice history, contemporaneous activity photos, job logs and rescission status. 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: “ ON ADDITION TO ROOF. WORKERS WORKING ON SUSPENDED SCAFFOLD. ALL IN VIOLATION OF PSWO ISSUED ON 8/12/2026”. Non-source editorial completion (conditional reconstruction, not a quotation): “The allegation appears to concern stop-work-order scope and continued activity; 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 35728381M and obtain the signed notice.
• DOB Stop Work Orders — 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

• Read NYC law section 28-207.2.2
• OATH code 112
• All enforcement examples

Official sources: Search DOB records · DOB summonses · Certificate of Correction FAQs · OATH hearing options · Construction codes