15 RCNY § 45-01 Abatement and Stop Work Orders Issued Pursuant to §§ 24-146 and 24-223.1.
§ 45-01 Abatement and Stop Work Orders Issued Pursuant to §§ 24-146 and 24-223.1.
(a) The department may issue an abatement order whenever it is found that work is being performed in violation of the provisions of subdivisions (a) through (f) of § 24-146 of the Administrative Code, or 15 RCNY Chapter 13, and that such work poses a threat to human health and safety. Such circumstances may include, but are not limited to causing or permitting the emission of dust as a result of the transportation or storage of any material that may generate dust, the construction or alteration of a building or its appurtenances or a road, the spraying of any insulating material in or upon any building or other structure during its construction, alteration or repair, or the causing or permitting a building or other structure to be demolished. Upon issuance of an abatement order, the activity giving rise to the violation shall immediately stop unless otherwise specified.
(b) The department may issue a stop work order if it finds that work is being performed in violation of the provisions of § 24-223.1 of the Administrative Code, or any rules promulgated thereunder. For the purposes of § 24-223.1, work that poses a threat to human health and safety may include, but is not limited to, causing or permitting noise above the decibel levels set forth in §§ 24-223 or 24-228, or prescribed decibel levels contained in an approved alternative noise mitigation plan. Upon the issuance of a stop work order, the activity giving rise to the violation must immediately stop unless otherwise specified by the department.
(c) An abatement order may be given orally or in writing to the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons performing the work. A stop work order may be given as provided in subdivision (b) of § 24-223.1 of the Administrative Code. Except as provided in subdivision (d), a verbal order must be followed promptly by a written order and must include the reason for the issuance of the order. The order may require all such work to be done as may be necessary, in the opinion of the commissioner, to remove the danger therefrom.
(d) An abatement order issued pursuant to subdivision (a) of this section or a stop work order issued pursuant to subdivision (b) of this section may be appealed in accordance with 15 RCNY § 45-02. In the case of a verbal abatement or stop work order, if the commissioner determines that the condition that gave rise to the order has been immediately corrected, such order shall be lifted at once and shall not be followed by a written order.
(Added City Record 2/2/2017, eff. 3/4/2017; amended City Record 9/10/2018, eff. 10/10/2018)