Section 28-208.1
§28-208.1 Commissioner's request for corrective action. As an
alternative to the issuance of an order or notice of violation, the
commissioner may issue a request for corrective action to any person
responsible for any claimed unlawful use or condition in any premises.
Each request for corrective action shall have the commissioner's
signature affixed thereto; but the commissioner may authorize any
subordinate to affix such signature, including an electronic signature.
Section 28-208.1.1
§28-208.1.1 Contents and delivery. The request for corrective action
shall contain a description of the building, structure, premises,
equipment or subject matter affected, shall be designated by address,
where applicable, shall be sent by regular mail or upon consent by
electronic means to the owner, lessee, person in charge, or occupant of
the building, structure, premises, equipment or to any person
responsible for the unlawful use or condition at the last known address
for such person. Requests for corrective action may be sent to a
managing agent or other person specifically designated by the owner to
attend to such requests on behalf of the owner. Each such request shall
describe the unlawful use or condition, call upon the person addressed
to correct it and to inform the department of the action taken. A time
for correction or response shall be specified. A request for corrective
action may be given orally, followed within a reasonable time by a
writing as described in this section 28-208.1.1. A request for
corrective action shall provide notice that failure to respond to such a
request may result in the imposition of a fee for any subsequent
inspection that results in the issuance of a notice of violation for the
condition.
Section 28-208.1.2
§28-208.1.2 Public record. The department shall keep a record,
available to the public, of requests for corrective action issued
pursuant to this article. The record of a request for corrective action
shall be reflected as withdrawn upon submission to the department of a
statement in a form prescribed by rule indicating that the use or
condition has been corrected or did not exist or following an inspection
by the department that confirms correction. A request for corrective
action may be issued in response to a complaint or inspection.
Section 28-208.1.3
§28-208.1.3 Other remedies not precluded. Nothing in this article
shall be construed to limit the power of the commissioner to take any
other action authorized by this code with respect to any unlawful use or
condition including, but not limited to, the commencement of an action
or proceeding in a court or before the environmental control board or
other administrative tribunal or the issuance of a peremptory order or
to require that the commissioner issue a request for corrective action
as a prerequisite to any other enforcement action.