When a property receives a DOB violation, it states that the property is not in compliance with some provisions of applicable laws. The violation also includes an order coming from the DOB to correct the condition that violates the law. In the BIS, this violation will be listed against the property and should you require a new Certificate of Occupancy or to amend the property’s existing CO, the violation should first be corrected.
DOB violations are a matter of public record and will be seen when you do a property search. An owner will have problems refinancing or selling his property if there is an active violation against it and as long as the violation remains active the Department will not issue a new or amended CO.
Types of DOB Violations
The NYC Construction Codes necessitates that property owners should build as well as preserve their properties in safe conditions. ECB and DOB violation notices are issued by inspectors when upon inspection, the said property doesn’t comply with governing laws including the NYC Construction Codes, Zoning resolutions and other laws and rules that govern that particular building.
Common violations includes that for boilers, elevator and elevator safety, working without permits and other local laws.
Methods of Enforcement
The commissioner is allowed to use any methods as provided for in this code to enforce compliance governing rules and laws as enforced by the DOB and order issued pursuant including but not limited to:
- Proceedings for the recovery of civil penalties
- Civil judicial proceedings for recovery of civil penalties, injunctive relief or both
- Criminal judicial proceedings for the imposition of criminal fines or imprisonment
- Issuance and enforcement of peremptory orders
- Issuance of commissioner's request for correction of unlawful use or condition or order to correct an unlawful use or condition
Officers and employees of the DOB and other city agencies designated by the commissioner is given the authority to issue summons, appearance tickets, orders and notices of violations based on the violations of this code.
Aggravating or Mitigating factors
Civil penalties, criminal fines and even imprisonment shall be imposed within the ranges set forth in this code or as otherwise specified in this code or other laws with due regard for various mitigating and aggravating factors
Resolving DOB Violations
When a violation for the building has been issued, it is the duty of the owner to correct the issues listed in the violation and/or pay any fines due. Once the violation has been remedied, they are also required to provide supporting documentation that indeed work has been done to correct such violation/s. They are to submit these documents to the issuing unit and the unit will dismiss the violation. After all conditions has been satisfied, the violation will be removed from the record of the property.
