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March 25, 2009
Stop Work Order: I'm an Idiot
So stupid me started the work on my property. If you all remember, a few weeks ago I was asking if I should start without the permits...well now I have a stop work order. Im an idiot....please feel free to tell me that.
So now I have to figure out what to do. Everyone was saying this is a $500 fine, but on the buildings dept website it says the first offense is $500 and the second offense is $5000...can anyone clear this up for me? The category code is 05 ERMIT - NONE (BUILDING/ PA/ DEMO ETC.).
Comments
I don't have any ideas but want to commiserate - I'd hoped, since there hadn't been any follow-up, that you'd gotten through it unscathed.
Posted by: Arkady at March 25, 2009 9:46 AM
if you are stupid enough to start working again w/out permits the next fine will be $5000...
Posted by: eman1234 at March 25, 2009 9:47 AM
Stop the work. Obtain and post your permits. Take photos when they are posted. Make an apt. with the DOB for a new inspection. Then SHOW UP to your ECB violation hearing, plead guilty and show them the posted permits. They "might reduce" the fine to $250, but more than likely it will stay at $500.
If you do not/choose not to show, it will default and jump to a non-negotiable $2500 fine, then to $5000 there after maxing at $10,000.
Here's the wonderful thing about the DOB, you need to get them to lift the SWO, but you currently do not have to pay the ECB violation, let alone show up for your date, to continue working.
You are small fry and stupid (for working w/o your permits), but the big-boys will rack up tens of thousands of dollars of fines on projects, dissolve their LLC and walk away, leaving the City to foot the bill.
Until the State/City vote to allow the Dept. of Finance to convert unpaid fines to tax liens, it's an unenforceable charade.
Do as you wish...
Posted by: Action Jackson at March 25, 2009 9:48 AM
So it appears that you did not learn your lesson the first time. Here you go again - expecting an online forum to be the definitive answer to your questions!
Call your local community board. Call the DOB. Go to the DOB site and search for how to cure the SWO.
Do you really care what the fine is for a second offense? Do you intend to continue work now?
You gambled and lost. Clear the SWO and work within the rules.
Posted by: SenatorStreet at March 25, 2009 9:50 AM
SenatorSt-
My contractor and expediter are on this. I was just trying to get feedback from other homeowners who have been in this situation.
We only worked 2 days last week and then stopped a day before the complaint was filed.
Posted by: dssguy99 at March 25, 2009 9:53 AM
Stop Work Order Program
On November 25, 2008, Buildings Commissioner Robert LiMandri announced a new program that outlines Department policies for rescinding Stop Work Orders. This program is designed to streamline communication between the Department and the construction industry and better ensure construction sites are maintained in a safe manner. As part of this program, a DOB Stop Work Order Coordinator will serve as the point of contact for a job site's project executive and help provide industry members with the requirements to lift the Stop Work Order. This program, which becomes effective December 15, 2008, applies to all buildings under construction and demolition participating in the Department's Site Safety Program that receive full Stop Work Orders.
Posted by: IMBY at March 25, 2009 10:44 AM
Thanks all...I just hope this doesnt take long to clear up. Oh well.
Posted by: dssguy99 at March 25, 2009 10:48 AM
I would BOOKMARK my address on the DoB BIS web page and check it twice a day so that you will be able to keep tabs on complaints from your neighbors. It is really important to have your permits posted, no smoking signs, ect. ect. ect. and to have a copy of the stamped plans on site for the inspectors who may show up unannounced. Keep tabs of noise complaints as well. YOU REALLY WANTED TO DO THE RIGHT THING.
Posted by: IMBY at March 25, 2009 10:52 AM
Lots of good advice. I'm with you on the lien thing, AJ. The bottom line is, lots of people get away with not filing interior work, but that doesn't make it legal, and no one can guarantee you won't get ratted out. And lots of people, including contractors, will tell you they can do jobs without filing even where the job should be filed. that's just their gueess that they won't get caught. It's always a risk.
On a separate note, Senator Street, since you are reading, thanks for the tip on Abbott Paint and Stain. They were most helpful. And great meeting yiou last week.
Posted by: slopefarm at March 25, 2009 11:31 AM
Action_Jackson's is dead on right that the fine is discretionary and up to the ECB court to adjust as they see fit, unless you don't respond. If you get your ducks in a row and show the permits they might reduce the fine.
But the other problem in front of you now is that your permit process is likely to be far more lengthy and exhaustive than it would have been had you waited for your permit and done the work legally. Typically, a SWO will freeze the permitting process within the DoB and the application folder will be moved to the Borough Commissioner's Office, basically a place you never want to be. Your architect's drawings are now sharing space on a desk with the city's worst offenders, and those reviewing it will be accordingly: skeptical.
Posted by: Smokychimp at March 25, 2009 11:42 AM
Slopefarm - glad to hear it worked out. Give a call sometime - I'd love to see the work you've done at your place.
Posted by: SenatorStreet at March 25, 2009 12:39 PM
Most importantly ... who ratted you out?
Neighbors can be such sh*theads about this stuff. If it's threatening th estructural stability of your house, etc. ... fine, but otherwise, STFU and spread your bad karma elsewhere.
Posted by: Mr Joist at March 25, 2009 2:27 PM
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