Class 1 immediately hazardous violation = higher penalties
An OATH/ECB class 1 (immediately hazardous violation) is the most serious violation and need to be fixed right away. Plus, the penalties for these violations just got higher. Here's what you need to know.
Class 1 immediately hazardous OATH/ECB DOB violations
It’s not uncommon to receive an OATH/ECB violation. In 2019, OATH/ECB violations across agencies totaled 227,000. Of that number, the DOB issued 72,482 violations. The dollar amounts of these violations add up substantially. In fact, the inventory amount for DOB summons totaled more than $486 million dollars in 2019. (For more information, visit the ECB annual report, provided as a result of Local Law 11 of 2015.)
Of course, the number referenced represent all classes of OATH/ECB violations from the DOB. This includes: class 1 (immediately hazardous), class 2 (major), and class 3 (lesser). All come with certain requirements and penalties. However, a class 1 summons, or immediately hazardous violation, is the only that requires immediate correction.
The reason why? Class 1 violations get issued when part of a property violates building code to the point where it could be dangerous. However, simply fixing the issue doesn’t mean you’re automatically in the clear. Additionally, you'll need a Certificate of Correction. Foremost, this request has to be notarized. It's also important to make sure this request is complete. Partially completed Certificates of Correction won't be accepted by the DOB.
Increase in civil penalties for class 1 immediately hazardous violations
Making sure you file a complete Certificate of Correction is more important to your bottom line than ever. In October of 2020, the DOB increased civil penalties for a class 1 immediately hazardous violation. Know that this new penalty structure only applies to class 1 summons dated October 3, 2020, or later. The added fines include:
· $1,500 for one- and two-family structures
· $3,000 for all other structures
So, how can you locate open or dismissed property violations? Just head to the property profile in the building information system (BIS). Then, click the links for ECB and DOB violations. Expect the format for hazardous DOB violations to read as: MMDDYYAEUHAZ1XXXXXX.
Submitting your Certificate of Correction request
Resolving a class 1 violation means, first and foremost, fully correcting the issue. (Partial corrections will not be accepted.) Then, you’ll need to complete and file a Certificate of Correction request by logging into DOB NOW and e-filing. You'll no longer need to submit proof of payment of your penalty for your Certificate of Correction request. (The only exception to this rule is for work without a permit.) You can find out more on e-filing accounts at www.nyc.gov/eFilingtips.
Help navigating filing and DOB requirements
As always, we’re here to help with any questions you have about permitting, filings, a Certificate of Correction, or other DOB concerns. Reach out to us today at https://greenlightexpediting.com/contact.
