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Q&A

Vehicle seizure policies for unlicensed construction work

1:05:05

·

3 min

Council Member Sanchez inquires about the Department of Buildings' policies on seizing vehicles or tools used in unlicensed or unregistered construction activities. Deputy Commissioner Sirakis explains the current situation:

  • Vehicle seizure is limited to unlicensed activity in the construction of 1-3 family homes
  • The policy has been restricted due to litigation involving other city agencies
  • The department hasn't conducted seizures recently and is unsure of the last occurrence

Additional points: - The department believes expanding seizure capabilities would strengthen enforcement - They would like to expand seizures to include all unlicensed and possibly unpermitted work on various building types - Unlicensed work is more common in alterations to existing buildings rather than new construction

Pierina Ana Sanchez
1:05:05
2nd.
1:05:33
Okay.
1:05:39
Okay.
1:05:39
Thank you.
1:05:40
With respect to the seizure of vehicles, understanding that you that the department prefers to handle this in a codes process, can you who share in information on how often DOB sees his vehicles or tools that are used in connection with unlicensed or unregistered activity at a worksite?
Constadino 'Gus' Sirakis
1:06:00
Yes.
1:06:00
I believe it is a more it is a a kind of a limited process.
1:06:11
Believe it's limited to 1 to the construction of 1 to 3 family homes where there's unlicensed activity in connection with the construction of new 1 to 3 family homes.
1:06:24
So it's quite a limited universe of where it applies.
1:06:30
Yes, seizure and forfeiture tools, connection, unlicensed construction work at the site of a new residential structure consisting of 3 dwelling units or less excluding commercial manufacturing.
1:06:42
The language is kind of narrow and limiting, and there there has been litigation with other city agencies that did result in a hold on most other agencies, including DOB, in utilizing this.
1:06:56
So and unlicensed work generally doesn't occur at new 1 to 3 family homes.
1:07:02
I think the idea being that you're probably connecting, for instance, plumbing service to one of the more utility entities.
1:07:11
And in order to do that, you need a legitimate permit.
1:07:13
You can't get un unlicensed activity there.
1:07:16
The unlicensed activity is more likely an alteration to an existing building where less less interaction with other governmental entities this night.
1:07:26
Is needed.
Pierina Ana Sanchez
1:07:32
But you don't you don't have does the department not do seizures today?
Constadino 'Gus' Sirakis
1:07:38
It been limited.
1:07:39
I don't know when the last time was we've done a seizure.
1:07:42
I can we can get back to you on that.
Pierina Ana Sanchez
1:07:45
Do you is it your perspective at this time that that would strengthen the department's ability to enforce?
Constadino 'Gus' Sirakis
1:07:51
I believe so.
1:07:52
Yes.
1:07:52
I think definitely, you know, the the ability to seize tools would be something we'd direct, you know, we'd look look to something to expand to include all unlicensed, possibly unpermitted, both new and existing buildings and multiple building types beyond just 1 to 3 residential.
Pierina Ana Sanchez
1:08:10
Okay.
1:08:10
Thank you.
1:08:12
Two more questions.
1:08:13
These are actually for for HPD.
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