Article 208 - COMMISSIONER’S REQUEST FOR CORRECTIVE ACTION

Section 28-208.1

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

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

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shall be reflected as withdrawn upon submission to the department  of  a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

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.