Stop Work Order - ECB Violation No. 34993366P

First the good news: Someone has cleaned up the superintendent's dogs feces from the rear courtyard.

The sad news: Another really nice tenant left. They were jacking up the rent on her. Given that the unit was seriously defective, it is pretty outrageous. According to NYC DOB, they claim to have spent $40 k in a renovation 2 years ago. Same crew did the work there as caused our apartment to be flooded 3 times.  

She had showed me the serious water damage coming in through the windows and ceiling above - MCI failure for sure. The windows don't work - 20 year old windows from the J-51 benefits just expired. In closing the windows we had to be very careful, because they didn't even stay in the framesside in. Must be very windy in winter.

Could be a big problem for someone down on the street below. Or a child inside.

 Anyone Know how much is 14x the cost of

 an Electrical Permit?

 Must be at least $5,000.00

---- Stop Work Order -----
A NYC Buildings Inspector came by this afternoon. He was here yesterday, but the superintendent and crew failed to allow him in. It took almost 2 weeks from the 311 complaint to get an inspection. Without a call from City Council, who knows when it would have been.

As the inspector walked into apartment 0D, MD or whatever; one could clearly see the colored electrical wires sticking out from the electrical system upgrade in progress, absent a permit. He issued a partial Stop Work Order on the electrical work, Violation of Section 28-105.1.

And then there is the Penalty part: 

ARTICLE 213 PENALTY FOR WORK WITHOUT A PERMIT

§28-213.1 Department penalty for work without a permit. In addition to any penalties otherwise authorized by law pursuant to article 202 and the rules of the department, whenever any work for which a permit is required pursuant to this code has been performed without a permit, a penalty shall be imposed by the department as provided in this article. §28-213.1.2 Penalty for work without permit on other than one or two-family dwelling. The penalty for work without a permit on buildings other than one or two-family dwellings shall be fourteen times the amount of the fee payable for such permit. ... Notwithstanding the foregoing, no such penalty shall be less than five thousand dollars.

Our Superintendent's Response to being cited for failure to have a Permit:

Further Violations

He removed the Order of the Commissioner!

Part of the process of writing up the Violation is the posting of the Stop Work Order on the building entry. We did have one posted. Our superintendent saw the Stop Work Order as he came in, and immediately tried to scratch it off with his fingernails. Didn't work.

He came back later with a tool, which left the glue on the glass door, though he did a dandy job removing the words of the Stop Work Order. Later, he returned to clean off the glass. Too bad he isn't as diligent in caring for the building.

Well, there goes my evening. Darn it, doesn't he know it is forbidden to remove a DOB Notice of Stop Work?

------
311 Complaint - Defacement of DOB Notice 

 Complaint #1338346.

Complaint Category Description:  Code 2A
Description: POSTED ORDER OR NOTICE REMOVED / TAMPERED WITH

311 called it DOB Notice Defacement.
No Chapter was given, but could be:

Section 28-212.11
It shall be unlawful to mutilate or remove a posted order of the commissioner.

While looking for the section of the law, there it was, the Occupancy Permit section. And this:

§28-118.19.1 Replacement of posted certificates of occupancy and signs. All posted certificates of occupancy or signs, as applicable, shall not be removed or defaced and, if lost, removed or defaced, shall be immediately replaced.

Funny, our 1940 occupancy permit for 51 apartments is not posted. And no sign either. Shouldn't we have one posted? Yes we should: 

ARTICLE 118

CERTIFICATES OF OCCUPANCY

§28-118.19 Posting of certificates of occupancy. The owner shall post a copy of the building’s certificate of occupancy in accordance with this section 28-118.19, except buildings occupied entirely by group R3. Buildings that are not required to have a certificate of occupancy shall be posted by the owner with a sign or placard in a form prescribed by the commissioner. The certificate of occupancy or sign, as applicable, shall be permanently affixed to the structure in a conspicuous location in a public hall, corridor, management office of the building or as otherwise prescribed by the commissioner.

§28-118.19.1 Replacement of posted certificates of occupancy and signs. All posted certificates of occupancy or signs, as applicable, shall not be removed or defaced and, if lost, removed or defaced, shall be immediately replaced. The commissioner may inspect or cause to be inspected periodically all buildings for compliance with the provisions of this code in regard to posting; and the inspection reports shall specify any violation thereof.

Never saw one here. Not anywhere.
This section was also noticed:

§28-118.3.2 Changes inconsistent with existing certificate of occupancy. No change shall be made to a building or open lot or portion thereof inconsistent with the last issued certificate of occupancy or, where applicable, inconsistent with the last issued certificate of completion for such building or open lot or which would bring it under some special provision of this code or other applicable laws or rules, unless and until the commissioner has issued a new certificate of occupancy.

 There goes the rest of my evening. Another call to 311:

311 Complaint # 1338349 - Failure to Post Certificate of Occupancy or sign or placard.

- Changes inconsistent with existing certificate of occupancy

- After all, they claimed 53 units on the MCI application.

Pictures posted tomorrow, including of the superintendent busily ripping the Order of the Commissioner off the entry door.