How can I resolve an OATH summons?

On Behalf of | Sep 12, 2023 | Construction Code Violations |

Property owners often receive summons from the Office of Administrative Trials and Hearings (OATH) for committing violations against the city’s construction codes and zoning resolution. This type of summons has three categories, depending on the violation’s severity: Class 1 (immediately hazardous), Class 2 (major) and Class 3 (lesser).

Owners should receive notices about their violations, or they can view them online using the city’s building information system. These offenses could result in hefty fines, necessitating prompt correction and resolution using the proper process. Owners can take these steps to resolve their OATH summonses:

  • Complete all the necessary paperwork. These forms should include notarized statements regarding the violation’s correction and the Department of Buildings (DOB) invoices for accompanying penalties.
  • Verify the violation or attend the OATH hearing to oppose it. If the owner does not appear at the hearing, they could receive additional penalties, reaching $25,000 based on the offense committed.
  • Provide additional proof that the owner corrected the violation if needed. These offenses may remain on record unless the owner gives the city enough evidence of the correction, including photos and inspection findings.

These procedures can change based on the situation and the violation’s details. The offense might have a similar resolution process if classified as a DOB violation.

Determining the appropriate resolution process

Some violations might have unique instructions and involve other city agencies to ensure proper correction. These variations could happen with fire safety, elevator and boiler offenses. In these instances, owners should consult specialists and legal professionals to determine what to do next. Doing so can help owners receive proper guidance when documenting corrections and filing the necessary paperwork.

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