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Revocation of TCOs and city liability for hazards
0:21:27
ยท
118 sec
Council Member Ariola inquires about the revocation of Temporary Certificates of Occupancy (TCOs) and potential city liability for hazards during TCO periods, based on findings from a Comptroller's report.
- Ariola references a Comptroller's report finding 88 buildings without COs and with hazardous violations
- Sirakis explains that DOB has the authority to revoke TCOs but not final COs
- Final COs can only be set aside by the Board of Standards and Appeals
- DOB uses TCO renewal as leverage to ensure property owners correct hazardous conditions
- The process of correcting violations is often complex and can involve multiple issues
Joann Ariola
0:21:27
4 90 9.
0:21:29
Okay.
0:21:30
So the controller found in his in his report that 88 buildings were without certificates of occupancy and also had received immediately hazardous violations.
0:21:45
Are TCOs ever revoked on a building for for for these reasons because of failure to maintain safe conditions, and does the city have a liability for hazards that arise during TCO periods?
Constadino (Gus) Sirakis
0:22:01
From the revocation standpoint, I do I do believe we have the authority to revoke a a TCO.
0:22:08
The that's the the whole purpose is once we issue a final c of o, even DOB cannot set it aside.
0:22:14
We would have to go to the board standards and appeals to set it aside as legally binding on everyone at that point, and we would have to go convince the board of standards and appeals why the final CO should not be valid at that point.
0:22:27
That's why we we hold it in such strict regard from that standpoint.
0:22:31
A temporary c o though c o though, within ninety days, it will expire and we will refuse to renew.
0:22:38
And if we see hazardous conditions, one of the things that we hold over the property owner's head is we will not renew your TCO, not give you the your legal rights associated with the CO unless you make take action to correct these conditions.
0:22:51
So that's why they have to pay outstanding fines and penalties.
0:22:54
Payment of the penalties, though, also comes with, in some instances, you have to file the report that shows how you're correcting the action such as the facade, issues that were identified there.
0:23:04
So it could be the reverse.
0:23:05
It could be that the reason that the CO was not renewed is because the owner is still dealing with a very complex facade issue.
Joann Ariola
0:23:12
Okay.
0:23:14
I just wanna make note if anybody has any questions at this point.
0:23:17
Okay.
0:23:18
We'll move on to the fire department.
0:23:20
How are you chief?
Tom Currao
0:23:22
I'm doing well, Charlie.
0:23:23
Good.
0:23:24
How are you?