Buildings directed wrecking company to partially demolish privately owned building. Buildings received a complaint on a Friday evening regarding a five-story building located at 100 Clark Street in Brooklyn. An emergency response team inspected the site the next day and determined the building was in imminent danger of collapse due to a bulging wall and an out-of-plumb fire escape. The response team recommended immediate demolition to a safe level, and the Brooklyn deputy borough commissioner agreed. The same day, Buildings issued a declaration of immediate emergency, and a wrecking company under Buildings’ direction began partial demolition.

The wrecking company demolished the top two floors the next day, while Buildings unsuccessfully attempted to contact the building owner. The owner learned of the partial demolition a day or so later, and its engineer toured the site with a Buildings engineer. Buildings allowed the owner to take over work at the site on the condition that the process of shoring and stabilization begin immediately.

The owner commenced an article 78 proceeding, challenging Building’s decision to declare an immediate emergency at the site. The owner argued that the decision was arbitrary and capricious because the City Charter did not allow Buildings to demolish buildings without giving notice to the owner. The owner further argued that Buildings had failed to give proper notice of its decision to move forward with demolition. (read more…)