Asbestos violations - licensed testing, monitoring, removal - yet still..

Oddly the summons # doesn’t show up even though I have it via official DOB letter. Maybe just a lag in their systems getting updates.

arewedoneyet

in General Discussion 3 years and 11 months ago

5

Please log in, in order to post replies!

5 replies

Newest Oldest

arewedoneyet | 3 years and 11 months ago

string(1) "1"
object(WP_User)#5017 (8) {
  ["data"]=>
  object(stdClass)#4971 (12) {
    ["ID"]=>
    string(6) "177175"
    ["user_login"]=>
    string(12) "arewedoneyet"
    ["user_pass"]=>
    string(34) "$P$BzxUvyhFLz/qbb5JFUq2QySyTCjAP3/"
    ["user_nicename"]=>
    string(12) "arewedoneyet"
    ["user_email"]=>
    string(21) "davidlipkin@gmail.com"
    ["user_url"]=>
    string(27) "/forums/users/arewedoneyet/"
    ["user_registered"]=>
    string(19) "2013-06-24 17:29:32"
    ["user_activation_key"]=>
    string(45) "1722964430:$P$B1DF7ldaFnBQQxdhQWMGEcHD5OyhLI."
    ["user_status"]=>
    string(1) "0"
    ["display_name"]=>
    string(12) "arewedoneyet"
    ["spam"]=>
    string(1) "0"
    ["deleted"]=>
    string(1) "0"
  }
  ["ID"]=>
  int(177175)
  ["caps"]=>
  array(2) {
    ["subscriber"]=>
    bool(true)
    ["bbp_participant"]=>
    bool(true)
  }
  ["cap_key"]=>
  string(15) "wp_capabilities"
  ["roles"]=>
  array(2) {
    [0]=>
    string(10) "subscriber"
    [1]=>
    string(15) "bbp_participant"
  }
  ["allcaps"]=>
  array(4) {
    ["read"]=>
    bool(true)
    ["level_0"]=>
    bool(true)
    ["subscriber"]=>
    bool(true)
    ["bbp_participant"]=>
    bool(true)
  }
  ["filter"]=>
  NULL
  ["site_id":"WP_User":private]=>
  int(1)
}

We had asbestos testing by a provider with current licenses and used a remediation company who also had current licenses but have been hit with violations, fees, and a court date. The inspector hit us with two items. One of the workers didn’t have their license on them because of city delays in delivering updated documents and two, they didn’t have the water turned all the way on in the decontamination shower. The remediation company says that they will take care of it but I don’t know whether I’m still liable and/or if I need to take additional action on my own.

Does anyone have any experience or suggestions?

Thanks

stevecym | 3 years and 11 months ago

string(1) "1"
object(WP_User)#5016 (8) {
  ["data"]=>
  object(stdClass)#5015 (12) {
    ["ID"]=>
    string(5) "21525"
    ["user_login"]=>
    string(8) "stevecym"
    ["user_pass"]=>
    string(0) ""
    ["user_nicename"]=>
    string(8) "stevecym"
    ["user_email"]=>
    string(24) "stevecymbalsky@yahoo.com"
    ["user_url"]=>
    string(30) "/forums/users/thetinkerswagon/"
    ["user_registered"]=>
    string(19) "2017-08-10 14:05:31"
    ["user_activation_key"]=>
    string(20) "xLyD4JX1CSeJzFu7zs4j"
    ["user_status"]=>
    string(1) "0"
    ["display_name"]=>
    string(8) "stevecym"
    ["spam"]=>
    string(1) "0"
    ["deleted"]=>
    string(1) "0"
  }
  ["ID"]=>
  int(21525)
  ["caps"]=>
  array(2) {
    ["subscriber"]=>
    bool(true)
    ["bbp_participant"]=>
    bool(true)
  }
  ["cap_key"]=>
  string(15) "wp_capabilities"
  ["roles"]=>
  array(2) {
    [0]=>
    string(10) "subscriber"
    [1]=>
    string(15) "bbp_participant"
  }
  ["allcaps"]=>
  array(4) {
    ["read"]=>
    bool(true)
    ["level_0"]=>
    bool(true)
    ["subscriber"]=>
    bool(true)
    ["bbp_participant"]=>
    bool(true)
  }
  ["filter"]=>
  NULL
  ["site_id":"WP_User":private]=>
  int(1)
}

This is insanity. How the hell can a homeowner know this, be expected to supervise this and have control of a contractor?

Guest User | 3 years and 11 months ago

string(1) "3"
string(6) "195579"

your liability as the owner depends in part on how the violation was written. If you or “owner” is listed as the respondent then the onus is on you to go through the correction process. If the remediation company is listed as the respondent then technically the onus is on them. HOWEVER, the violation is associated with your property no matter what so you need to be engaged in the correction process with the company even if they are the respondent. For the worker whose physical license was delayed, get copies of the documentation indicating he had the license just not the physical copy (receipts, etc.). This has been happening a lot lately and while it isn’t stopping violations from being issued the city seems to be understanding when it gets to the hearing/adjudication. For the water, ask the contractor how they will be addressing this.
if you have a copy of the summons, see if there is a cure date listed. If there is, make sure the contractor is aware of this.
Basically my advice is to get on the contractor’s ass about clearing the violation ASAP. These days a lot of corrective paperwork can be done online through the DOB NOW system which makes it easier to track but you have to know how to do it. Make sure your contractor knows how to do it, ask whether they need the owner’s signature anywhere. Just keep poking them until they can give you something that says “DISMISSED” or “IN VIOLATION – PENALTY PAID” or something like that.

arewedoneyet | 3 years and 11 months ago

string(1) "1"
object(WP_User)#5018 (8) {
  ["data"]=>
  object(stdClass)#5019 (12) {
    ["ID"]=>
    string(6) "177175"
    ["user_login"]=>
    string(12) "arewedoneyet"
    ["user_pass"]=>
    string(34) "$P$BzxUvyhFLz/qbb5JFUq2QySyTCjAP3/"
    ["user_nicename"]=>
    string(12) "arewedoneyet"
    ["user_email"]=>
    string(21) "davidlipkin@gmail.com"
    ["user_url"]=>
    string(27) "/forums/users/arewedoneyet/"
    ["user_registered"]=>
    string(19) "2013-06-24 17:29:32"
    ["user_activation_key"]=>
    string(45) "1722964430:$P$B1DF7ldaFnBQQxdhQWMGEcHD5OyhLI."
    ["user_status"]=>
    string(1) "0"
    ["display_name"]=>
    string(12) "arewedoneyet"
    ["spam"]=>
    string(1) "0"
    ["deleted"]=>
    string(1) "0"
  }
  ["ID"]=>
  int(177175)
  ["caps"]=>
  array(2) {
    ["subscriber"]=>
    bool(true)
    ["bbp_participant"]=>
    bool(true)
  }
  ["cap_key"]=>
  string(15) "wp_capabilities"
  ["roles"]=>
  array(2) {
    [0]=>
    string(10) "subscriber"
    [1]=>
    string(15) "bbp_participant"
  }
  ["allcaps"]=>
  array(4) {
    ["read"]=>
    bool(true)
    ["level_0"]=>
    bool(true)
    ["subscriber"]=>
    bool(true)
    ["bbp_participant"]=>
    bool(true)
  }
  ["filter"]=>
  NULL
  ["site_id":"WP_User":private]=>
  int(1)
}

Right Steve? Thanks Maggie – the summons seems to indicate that the contractors are being summoned and are the respondent, not me the homeowner but I’m not certain. I don’t see any option to cure these issues – the contractor introduced me to their lawyer who will apparently represent them in court. Thank you for the advice about getting them to fix it before their court date.

Guest User | 3 years and 11 months ago

string(1) "3"
string(6) "195579"

If you have the summons # you can search here: http://a820-ecbticketfinder.nyc.gov/searchHome.action?
to confirm who the respondent is. there may be no “cure date” for this type of violation. but it sounds like if the contractor already has a lawyer you should be in pretty good shape. I still stand by the “stay on their ass” suggestion though, as it is really easy for things to languish and then they are much harder to resolve.