DOB violation · Class 1

B108 — Building occupied without a valid certificate

Issued under AC 28-118.3. Standard penalty $2,500 · default $12,500.

Quick Reference for B108

Class

Class 1

Penalty

$2,500$12,500

Options:Hearing required
AC 28-118.3

What you need to know about AC 28-118.3

This code applies when a building is occupied after alterations without a valid Certificate of Occupancy. The Department of Buildings issues this violation when it observes that a property has been modified but lacks the necessary certification to confirm compliance with safety and zoning regulations. Owners often encounter this issue during inspections or when there are significant changes to the building's use or layout. This situation may require corrective actions to ensure compliance. Applies to building owners and operators of various property types.

Required Action

Obtain valid C of O or discontinue illegal occupancy

What are the penalties for B108?

Penalties for B108 vary by scope, severity, and repeat history.

Std
$2,500
Default
$12,500
Agg I
$6,250
Agg II
$12,500

Statute summary

What this statute means

B108 cites 1 section of law. Here is what each one requires.

Administrative Code

1 section

AC · §28-118.3

Completed buildings or open lots.

This section requires owners of tax lots with an existing certificate of occupancy to notify the Department of Buildings of any changes to the metes and bounds of their zoning lot after construction documents are approved. Applies to building owners with zoning lot changes requiring documentation updates.

Summary by Nacmias Law Firm — for general information. The official statute text on AmLegal controls.

How do I fix or dismiss B108?

  1. Stop the violating condition immediately.
  2. File to legalize or restore as required.
  3. Obtain approvals/permits; schedule inspections.
  4. Bring proof of correction to OATH.

Can I cure B108 without a hearing?

No, B108 violations cannot be cured without a hearing. You must attend to resolve this matter.

What are the deadlines and next steps?

Act before the hearing date to minimize penalties and preserve defenses. Contact us for a free case review.

FAQ

Verified: May 2026Penalty schedule: December 2025

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