Vacate order scope and posting / rescission: NYC DOB 28-207.2.5 / OATH summons 39152738M

Original inspector allegation — verbatim available export

TAMPERED WITH, REMOVED OR DEFACED A WRITTEN POSTED STOP WORK ORDER. ATOI, I OBSERVED A SWO STICKER WAS ISSUED 05/08/2025 WAS REMOVED. REPLACE A NEW SWO STICKER ON 07/02 2025, REMEDY, COMPLY WITH CODE

Source limit: Source reference: NYC OATH/DOB summons 39152738M; BIN 4156166; export issue date 07/02/2025. 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 39152738M 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: 28-207.2.5; recorded infraction: 1F8. Primary legal issue: specific cited provision requiring manual cross-check. Interpretive issue: Posted stop-work-order tampering. This charge concerns alleged removal, tampering with or defacement of a posted Stop Work Order and is distinct from carrying out work after one is issued.

What must be tested: Determine the actual order identity, posting and service, inspected location and whether the order had been rescinded when the alleged tampering occurred.

Possible exceptions and legal limitations: A missing sign in a recent photograph is not necessarily proof of who removed it or whether rescission had occurred. 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 — TAMPERED WITH, REMOVED OR DEFACED A WRITTEN POSTED STOP WORK ORDER.

This recorded passage identifies a question about vacate order scope and posting / rescission, not a proven final determination. Obtain the actual vacate order and determine the prohibited spaces, effective date, original posting and any written rescission. A vacate order remains distinct from a stop-work order; removing a physical hazard does not by itself rescind the agency order.

Passage 2 — ATOI, I OBSERVED A SWO STICKER WAS ISSUED 05/08/2025 WAS REMOVED.

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 3 — REPLACE A NEW SWO STICKER ON 07/02 2025, REMEDY, COMPLY WITH CODE

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.

Identifiers, locations, measurements and chronology to verify

Cited calendar date: 05/08/2025

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

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: Signed and posted order, photos of postings, service/notice record, occupancy evidence and official rescission order if one exists. 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: “CKER WAS ISSUED 05/08/2025 WAS REMOVED. REPLACE A NEW SWO STICKER ON 07/02 2025, REMEDY, COMPLY WITH CODE”. Non-source editorial completion (conditional reconstruction, not a quotation): “The allegation appears to concern vacate order scope and posting / rescission; 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 39152738M 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 28-207.2.5
• Read OATH infraction code 1F8
• All enforcement examples

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