If you own a business or home in New York City, chances are you’ve encountered a Fire Department of New York (FDNY), the Department of Environmental Protection (DEP), or the Department of Buildings (DOB) violation. While the issuance of these violations is not uncommon, complying with the City’s laws and clearing those violations can be daunting.
Fortunately, there are clear steps you can take to fight and clear any violations issued by the FDNY, the DEP, and the DOB. This post outlines the different violations you may encounter at these three agencies and the steps you need to take to resolve the violations.
How to Resolve Violations Issued by FDNY
The New York City Fire Department issues violations for noncompliance with the New York City Fire Code and/or Fire Department rules. Violations can be found during a routine inspection of your building or home or issued based on complaints FDNY received about your business or residence.
There are three types of violations FDNY can issue, including FDNY summons, Criminal Court Summons, and Violation Orders/Vacate Orders. Below we have outlined the steps you can take to resolve each violation.
FDNY Summons
In the case of an FDNY summons, the department deemed your business or home to be in an unsafe condition. To resolve this violation, you must provide proof of any corrections within 35 days of the violation.
If you do not make the appropriate corrections and file the proof of correction within those 35 days, you must appear for a hearing at the Office of Administrative Trials and Hearings. At this hearing, you must present your proof of corrections.
Criminal Summons
To resolve an FDNY Criminal Court Summons, you are required to appear at the New York City Criminal Court-Summons as indicated in your violation letter. Failure to appear in Criminal Court may result in criminal penalties, a misdemeanor charge, or a warrant.
Violation Order and/or Vacate Order
In the case of a violation order and/or a vacate order, you will need to contact and provide evidence of any corrections to the FDNY unit specifically indicated on your order.
How to Resolve Violations Issued by DEP
You may receive a violation from New York City’s Department of Environmental Protection if you do not file an appropriate noise mitigation plan, have boiler registration issues, or have water and supply issues. While the DEP issues these violations, the Environmental Control Board is responsible for handling the resolution of these violations. Similar to FDNY violations, DEP violations can come in three different ways, including:
Three Day Notice
While this is not a true violation, this notice is confirmation from the DEP that your water service line is leaking or damaged. To resolve this notice, you must hire a contractor to fix the leak within three business days.
The DEP will issue a Ten-Day Notice if you fail to correct the issue and file proof of the correction within three days.
Ten Day Notice
You can expect to receive a Ten-Day Notice letter from the DEP if you didn’t mitigate the water service line issues outlined in the Three-Day Notice or if the water leak is considered an emergency. In the case of an emergency notice, the DEP team must turn off your water supply and can charge you up to a $1,000 shut-off fee. While you can file a report to have the DEP pay you this fee, you should be aware that you are responsible for the up-front cost.
Cease and Desist Violation
Unlike the Three-Day and Ten-Day Notices, Cease and Desist violations issued by the DEP require immediate attention by a licensed master plumber. If you receive a Cease and Desist violation from the DEP, they have found your sewer system is defective or malfunctioning.
Contact a licensed master plumbing company like JAM Service Company for immediate help resolving this serious matter.
How to Resolve Violations Issued by DOB
The Department of Buildings issues several violations for failure to file inspection reports and resolve related issues. While these violations may include fines, you are not required to appear in court for most violation cases. However, be aware that serious violations may result in a Criminal Court summons by the FDNY.
DOB violations can include:
Boiler Violations
If you remove a boiler and do not replace it, you must file a Boiler Removal Notification within 30 days of the removal date. Failure to submit this form will result in a $50 per month fine.
Elevator Violations
The DOB can issue an elevator violation in two instances:
- You have failed to file an elevator inspection report within 60 days from the inspection and test date.
- You did not complete a Load and Speed Safety Test within five years from the month of final certificate issuance or the most recent CAT5 inspection.
To correct elevator violations, submit the inspection to the DOB and pay any related violation fines.
Façade Violations
If you have received a façade violation, you must work with a Professional Engineer or Registered Architect to correct any unsafe technical report statuses. The Professional Engineer or Registered Architect is required to submit an amended FISP technical report. Additionally, you may be required to pay any outstanding penalties, up to $1,000 per month.
You can view any violations linked to your business or home property issued by the Department of Buildings via the department’s Building Information System. Additionally, you can request detailed information for a small fee by contacting the DOB directly.
If you have received a violation from the FDNY, DEP, or DOB and need help understanding the resolution process, reach out to JAM today. With extensive experience helping clients resolve commercial and residential plumbing and fire violations, we can help you resolve any of these department violations.
