logo CityLand
      • Home
      • About CityLand
      • CityLand Sponsors
      • Filings & Decisions
      • Commentary
      • Archive
      • Resources
      • CityLaw
      • Current Issue

    Plumber fined for temporary sidewalk


    CityLaw  •  Street Permits  •  Staten Island
    12/24/2020   •    (1) Comment

    Temporary sidewalk in front of 30 Metcalfe Street. Image Credit: Google Maps

    Plumbing subcontractor completed work at construction site, but did not permanently restore sidewalks. Quality Plumbing, Inc. worked as a subcontractor at four construction sites on Staten Island. The four sites were located at 30 Metcalfe Street, 24-26 Windom Avenue, 65 Todt Hill Road, and 23 Highmount Road. For each address, Quality obtained a street opening permit from the Department of Transportation to perform excavation and plumbing work. Quality completed its plumbing work before the general contractor completed the construction work. Quality repaired the roadway when it completed its work, but left the sidewalk in a temporary state. Between August and October 2019, the DOT served six summonses charging permit violations on Quality for failing to repair the excavated sidewalk before its permit expired.

    At an OATH hearing, DOT argued that as a DOT permittee Quality was required to permanently restore the sidewalks. Quality argued that the “Builders Pavement Plan” for each location shifted final responsibility for the sidewalk repairs from Quality to the general contractors who had not completed the construction on the site. The hearing officer agreed with Quality, held that responsibility had shifted to the general contractors, and dismissed the violations against Quality.

    DOT appealed. DOT argued that DOT’s street opening permits controlled and that the Builders Pavement Plans did not shift responsibility for the permanent sidewalk restorations from Quality to the general contractors. The Builders Pavement Plans were not part of the DOT permits issued to Quality. In addition, they were unsigned and dated after the DOT permits obtained by Quality had expired.

    The OATH Appeals Division agreed with DOT, held that Quality violated its permits by not permanently restoring the sidewalks, and reversed the hearing officer’s decision. The Appeals Division imposed a penalty of $5,600.

    DOT v. Quality Plumbing, Inc., OATH Hearings Division Appeals Unit, Appeal No. 2000164 (Mar. 5, 2020).

    By: Maya Addady (Maya is a New York Law School graduate, Class of 2020.)

     

    Share this:

    • Facebook
    • Twitter
    • Email
    Tags : CityLaw, construction, permits, plumbing, sidewalks
    Category : CityLaw

    One Response to “Plumber fined for temporary sidewalk”

    1. John T Maher says:
      December 24, 2020 at 10:57 am

      I suppose the plumber was installing a sinkhole.

      Rather weird 2 family MiniMcMansion vibe.

      Reply

    Comment on this article

    Click here to cancel reply.

    Subscribe To Free Alerts


    Follow Us on Social Media

    twitterfacebook

    Search

    Search by Category

      City Council
      CityLaw
      City Planning Commission
      Board of Standards & Appeals
      Landmarks Preservation Commission
      Economic Development Corporation
      Housing Preservation & Development
      Administrative Decisions
      Court Decisions
      Filings and Decisions
      CityLand Profiles

    Search by Date

    © 1997-2010 New York Law School | 185 West Broadway, New York, NY 10013 | 212.431.2100 | Privacy | Terms | Code of Conduct | DMCA | Policies
     

    Loading Comments...