Article 207: Peremptory Orders

§ 28-207.1 Contents and service.

Peremptory orders issued by the commissioner shall contain a description of the building, structure, premises, equipment or subject matter affected, and shall be designated by address where applicable. Such orders may be served personally or by posting at the premises followed by regular mail, by any officer or employee of the department, or by any person authorized by the commissioner.

§ 28-207.2 Stop work orders.

Whenever the commissioner has issued a notice of proposed revocation pursuant to section 28-105.10.1 of this code or finds that any building work is being executed in violation of the provisions of this code, the 1968 building code, the zoning resolution or of any laws or rules enforced by the department, or in a dangerous or unsafe manner, or, if the department of health and mental hygiene makes a referral to the department regarding unsafe lead work practices, the commissioner or his or her authorized representative may issue a stop work order.

(Am. L.L. 2019/062, 3/31/2019, eff. 9/27/2019; Am. L.L. 2021/040, 4/18/2021, eff. 4/18/2022)

§ 28-207.2.1 Issuance.

Upon issuance of a stop work order by the commissioner, all work shall immediately stop unless otherwise specified. Such order may require all persons to forthwith vacate the premises pursuant to the provisions of section 28-207.4 and may also require such work to be done as, in the opinion of the commissioner, may be necessary to remove any danger therefrom. The police department or other law enforcement agency or officer shall, upon the request of the commissioner, assist the department in the enforcement of section 28-207.2. The stop work order may be given verbally 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 executing the work. A verbal order shall be followed promptly by a written order and shall include the reason for the issuance of the stop work order. All written orders issued pursuant to section 28-207.2 shall be posted upon the premises and made available to the public.

(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

§ 28-207.2.2 Unlawful continuance.

No person shall with knowledge or notice of a stop work order allow, authorize, promote, continue or cause to be continued any work covered by the stop work order, except such work that may be required by order of the commissioner.