[ECB] ENVIRONMENTAL CONTROL BOARD

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Details: Published: 19 July 2022; Hits: 5409

In New York City summons (violations) issued by the city enforcement agencies such as Fire Department, Department of Buildings, Department of Transportation, Department of Environmental Protection, Department of Sanitation etc., are arbitrated by ECB – Environmental Control Board, ECB is a division of OATH – Office of Administrative Trials and Hearings. ECB summons give you a chance to defend yourself in the court of law. This chance should not be taken lightly, once a ECB summon was issued to you it is advisable to immediately hire a professional to represent your best interest at the hearing

ECB summons carry Court Penalties, all these fines are pre-set to each violation code and that can be found in OATH/ECB penalty schedule.

Failing to appear at a OATH/ECB hearing will result into default and you would be liable to maximum penalty for that particular ticket.

One OATH/ECB summon may carry multiple penalties, such as ECB penalty, Daily penalties, Civil penalty and when handled the right way and in timely manner these penalties can be substantially reduced.

OATH/ECB allows some violations to be STIPULATED, meaning you can plead guilty for a lower civil penalty with the condition to correct it in certain time allowed by the court.

OATH/ECB also allows some violations to be MITIGATED, by showing the court good faith and compliance, your penalties may be reduced.

ECB Penalties are lien on your property but there are many ways to reduce and even eliminate these penalties, always consult with a Professional Registered Hearing Representative in New York City if you receive a summon.

+Violation Removal Q & A

Q: How do the agencies know where to issue violations?
A: Most of the time, an anonymous complaint is made to 311 system.

Q: Can I fight a violation?
A: Yes, majority of violations have a hearing scheduled that is usually found on the original summons.

Q: If I pay a violation, does it go away?
A: No, correcting the violating condition and submitting necessary documentation will remove it.

Q: I just purchased a property, am I liable for the violations on it?
A: Yes, violations are leans that remain on your property that may prevent you from refinancing, reselling, occupying, and pulling permits.

Q: Do I have to give access to the said agencies when they come to inspect?
A: Unless they have a warrant, no.

Q: I missed my hearing, can I reopen it?
A: OATH allows you to reopen within 60 days of the court date, or under special circumstances even longer.

Q: I got a Work Without Permit violation, am I liable if I didn’t do it?
A: No, but you must first prove that at your OATH hearing provided on the ticket.

Q: Can I ignore a violation?
A: No, violations carry fees that acquire interest, and could recur as failure to comply, hazardous, and aggravated violations.

+Building Violation Removal

Certificate of Corrections

Required by Department of Buildings, Fire Department, Housing Preservation Department to be submitted for each building violation to prevent failure to comply summons in result reducing civil penalties issued by OATH Hearing and fines associated with removing building violation.

Property Registration

Housing Preservation Department requires landlords to register their buildings yearly, complying with the registration of the building makes removing violations, and prevent future summons seamless.

Pre-Inspection

Department of Buildings violations, Housing Preservation Department violations, Department of Transportation Sidewalk violations need inspections conducted with a city inspector in order to be resolved and violations to be removed. It is good practice to have a professional violation removal, vacate order, stop work order, hpd violation dismissal, sidewalk summons, construction, and tenant experienced compliance manager conduct a violation compliant inspection prior to the city inspection.

City Compliance Inspections

HPD Dismissal Request Inspection, DOB Vacate Order Inspection, DOB Stop Work Order Inspection, DOT Sidewalk Compliance Inspection, Construction Compliance Inspection, Permit Sing-off Inspection, Boiler Inspections.

Violation/Summons Hearings

Violations have a hearing dates giving you a chance to defend yourself in order to remove or reduce your fines, it is recommended to hire a Violation Removal Hearing Specialist to represent your case, violations very in classes, aggravation, and penalties. It defines the difficulty of your violation removal and compliance.

Violation Types

OATH Summons, DOB violation, Boiler violation, DOT Sidewalk Violation, FDNY violation, DEP violation, Construction violation, Sign violation, Lead violations, HPD violations, Hazardous Violations, Work Without Permit violations, Occupancy Contrary violations, Transient use violations, Planting requirement violations, Obstruction violations, Failure to comply violations, HPD Sign violations, Fire safety violations, Registration violations.

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