Wall / exterior structural condition: NYC DOB 28-105.12.2 / OATH summons 35409029P
Original inspector allegation — verbatim available export
WORK DOES NOT CONFORM TO APPROVED CONSTRUCTION DOCUMENTS AND/OR AMENDMENTS. NOTED: AT THE TIME OF INSPECTION WE OBSERVED THAT THE SUBJECT RETAINING WALL SHOWN IN THE FILING BY BAYSIDE ENGINEERING(JOB #B01025469
Source limit: Source reference: NYC OATH/DOB summons 35409029P; BIN 3143789; export issue date 07/23/2025. 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 35409029P 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: 114. 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. Wall / exterior structural condition
Investigative test: Identify wall type, exposed side, movement/deflection or separation and potential public/adjoining exposure; obtain structural assessment if needed.
Evidence matched to this issue: Engineer/architect condition report, plans/sections, measured photos and contractor inspection or monitoring record.
Boundary / potential counterexample: Exterior-wall inspection requirements and general wall maintenance apply differently by site and code edition.
Inspector wording mapped to testable facts
Passage 1 — WORK DOES NOT CONFORM TO APPROVED CONSTRUCTION DOCUMENTS AND/OR AMENDMENTS.
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 2 — NOTED: AT THE TIME OF INSPECTION WE OBSERVED THAT THE SUBJECT RETAINING WALL SHOWN IN THE FILING BY BAYSIDE ENGINEERING(JOB #…
This recorded passage identifies a question about wall / exterior structural condition, not a proven final determination. Identify wall type, exposed side, movement/deflection or separation and potential public/adjoining exposure; obtain structural assessment if needed. Exterior-wall inspection requirements and general wall maintenance apply differently by site and code edition.
Identifiers, locations, measurements and chronology to verify
- Job, permit or filing identifier: B01025469
- Query the exact application/permit; compare the authorized work description with inspection observations, dates and sign-off.
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: Engineer/architect condition report, plans/sections, measured photos and contractor inspection or monitoring record. 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: “ION WE OBSERVED THAT THE SUBJECT RETAINING WALL SHOWN IN THE FILING BY BAYSIDE ENGINEERING(JOB #B01025469”. Non-source editorial completion (conditional reconstruction, not a quotation): “The allegation appears to concern wall / exterior structural condition; 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 35409029P 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.