§ 7-05 Revocation of Approvals.
RCNY § 7-05
(a)The Commission may revoke the approval of any certificate of no effect, certificate of appropriateness, permit for minor work, binding or advisory report, notice to proceed, or any amendments thereof, whenever: (i) there is a failure to comply with the provisions of Chapter 3 of Title 25 of the Administrative Code of the City of New York, or this title of the Rules of the City of New York; (ii) there is any incorrect or false statement or any misrepresentation or omission in the documents submitted in the application for approval with respect to a fact that was material to the issuance of the approval; (iii) or an approval has been issued in error and conditions are such that approval should not have been issued. In such an event, the Commission will issue a "Notice of Intent to Revoke" ("Notice") that will inform the applicant of the reasons for the proposed revocation. The applicant has the right to present to the commissioner or his or her representative information on why the approval should not be revoked. The applicant must present such evidence within 10 business days if the Notice was personally served or 15 calendar days if the Notice was sent by mail.
(b)Effect on Approval. Upon issuance of a Notice all work must cease immediately and no work will occur at the site until such time as the Commission shall withdraw the Notice and reinstate the approval. Revocation of an approval will be effective upon the issuance of a written Final Decision of Revocation by the commissioner after the time period for submission of rebuttal information has ended. The Final Decision of Revocation should be issued within 20 working days after the time period for the applicant to respond has expired, or within ten working days after receipt of a written request for issuance of a Final Decision of Revocation if the commissioner fails to issue the Final Decision of Revocation in the initial 20 working day period. The Final Decision of Revocation will state the reasons that the approval is being withdrawn. The revocation of any approval is the automatic revocation of all associated approvals (including certificates, permits, reports, notices or amendments in the future) that may have been issued.
(c)The Notice of Intent to Revoke and the Final Decision of Revocation may be issued by personal service or sent by registered mail to the applicant's address as it appears in the application. If the registered mail is unsuccessful, the commission may send the notice using the procedures permitted in § 25-313 of the Administrative Code of the City of New York.
(d)Enforcement action. All or some of the work performed in connection with an approval that has been revoked may be subject to enforcement action under §§ 25-317, 25-317.1 and 25-317.2 of the Administrative Code of the City of New York. Such enforcement action may start upon the issuance of a written final decision by the commissioner or his or her designee to revoke the approval. (Amended City Record 12/20/2018, eff. 1/19/2019)
