NYC Administrative Code

§ 28-323.8 — Repair of parking structure, unsafe condition.

Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC AC § 28-323.8?

Quick Answer

This section mandates that upon notification of an unsafe condition in a parking structure, the owner or authorized agent must secure public safety and engage an approved agency for a condition assessment. Repairs must be initiated promptly and completed within specified timeframes. Applies to owners of parking structures facing safety issues.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 28-323.8 Repair of parking structure, unsafe condition.

AC § 28-323.8

Upon the notification to the department of an unsafe condition, the owner or the owner's authorized agent shall immediately secure public safety by removing the unsafe condition or safeguarding the area. The owner shall then engage an approved agency to conduct a condition assessment and file a compliance report.

1.The owner shall commence repairs, reinforcements or other measures to make the structural elements of the parking structure conform to the provisions of this code.

2.All unsafe conditions shall be corrected within 90 days of filing of the condition assessment report.

3.The approved agency shall reinspect the premises and file an amended report within two weeks after the repairs have been completed certifying that the unsafe conditions of the building have been corrected.

4.The commissioner may grant an extension of time of up to 90 days to complete the repairs required to correct an unsafe condition upon receipt and review of an initial extension application submitted by the approved agency together with such additional documentation as may be prescribed by rule.

5.The commissioner may grant further extensions of time to complete the repairs required to remove an unsafe condition upon receipt and review of an application for a further extension submitted by the approved agency together with such further documentation as may be prescribed by rule. (L.L. 2021/126, 11/7/2021, eff. 1/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

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