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Violations

Violations Issued By The Department of Buildings

The most common type of violation issued by the Department of Buildings is called an ECB Notice of Violation because it can result in a hearing at the Environmental Control Board (ECB), which is an administrative court. The ECB Notice of Violation contains a notice that a property does not comply with applicable provisions of law. It also contains an order to correct the violating condition and to certify correction at the Department of Buildings.

To obtain information about an existing violation, visit the Department of Buildings’ Buildings Information System (BIS). If you do not have the violation number, enter the address of the property where the violating condition is located. You will see the number of the violation and its current status. If you have the violation number, you may enter it to view the information.

The respondent is the person named in the violation. The respondent must attend the hearing at the ECB in order to contest (raise a defense against) the violation, unless the violation notice indicates that the cure or stipulation options are available. The respondent is always responsible for submitting proof that the violating condition was corrected by submitting a Certificate of Correction. See our violations Frequently Asked Questions (FAQ) for more information on cure and stipulation options.

To certify that you have corrected the violating condition(s) described in the ECB Notice of Violation, a Certificate of Correction form and related documents must be filed with the Department’s Administrative Enforcement Unit, which must also approve it. If the Department accepts the proof, the property's record in BIS will show that the violation was corrected. A violation that is not dismissed by ECB will continue to appear as "open" on the Department of Buildings records until acceptable proof is submitted that the violating condition has been corrected even if the penalty imposed at ECB has been paid. An ECB Notice of Violation may impair the sale or refinancing of a property, because a title search will show it against the property.

See the ECB Violation Reference Guide (Part I and Part II) or    "Resolving Department of Buildings Violations" (75 kb) for detailed information on how to get a copy of a violation and how to resolve a violation. Also see  Padlock FAQ (105 kb) under Guides & Publications - Building Knowledge Series.

Another type of violation issued by the Department of Buildings is called a Buildings "DOB" Violation. A Buildings "DOB" Violation is a notice that a property is not in compliance with some provision of applicable law and includes an order from the Commissioner of the Department of Buildings to correct the violating condition. The violation is entered against the property in the Buildings Information System, and must be corrected before a new or amended Certificate of Occupancy (CO) can be obtained. Although there is no fine or penalty attached to the violation notice itself, it can be used as the basis for a Criminal Court summons and prosecution, which may result in the imposition of a fine and/or imprisonment. A DOB violation may impair the sale or refinancing of a property, because a title search will show it against the property. In order to remove the violation from the property's record, you must correct the condition and provide proof of that correction to the Department of Buildings before the violation is removed from the property's record.

Department of Buildings Enforcement Division

The Department of Buildings’ Enforcement Division consists of several units whose staff members focus on bringing properties into compliance with applicable laws. Its Administrative Enforcement Unit (AEU) prosecutes approximately 40,000  ECB Notice of Violation adjudicated yearly at an administrative court and also maintains records on the compliance status of those violations. Its Special Enforcement Unit (SEU) prosecutes selected offenders within a problem enforcement area and implements improvements in enforcement agency-wide. The Division also specifically focuses on certain zoning issues through its Padlock Enforcement Unit and Signs Enforcement Unit.

Additional Information
Violation Forms
ECB Violation Reference Guide
Enforcement FAQ
BIS Web Query - Buildings Information System

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