MEMORANDUM & ORDER Plaintiff Joseph Corsini commenced the above-captioned action on November 10, 2020, against Defendant the City of New York (the “City”). (Compl., Docket Entry No. 1.) Plaintiff filed an amended complaint on March 3, 2021, asserting a single claim against the City for violation of his due process protections under the Fourteenth Amendment pursuant to 42 U.S.C. §1983. (Am. Compl., Docket Entry No. 18.) Plaintiff alleges that after he began constructing a pigeon coop on his roof without a permit, the Department of Buildings (the “DOB”) prosecuted Plaintiff in administrative proceedings that lacked fundamental procedural protections in violation of Plaintiff’s due process rights. (Id.
3-9.) Defendant moves to dismiss the Amended Complaint as time barred and for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Def.’s Mot. to Dismiss (“Def.’s Mot.”), Docket Entry No. 24; Def.’s Mem. in Supp. of Def.’s Mot. (“Def.’s Mem.”), Docket Entry No. 26.) For the reasons set forth below, the Court grants Defendant’s motion, dismisses the Amended Complaint, and grants Plaintiff leave to file a second amended complaint within thirty days. I. Background The Court assumes the truth of the factual allegations in the Amended Complaint for the purpose of deciding Defendant’s motion. a. The City’s building and construction code enforcement process The DOB administers the City’s construction code (the “Construction Code”), which includes the City’s building code (the “Building Code”), in addition to reviewing and issuing permits and licenses, and enforcing compliance with the Construction Code. (Am. Compl. 17.) The DOB’s Administrative Enforcement Unit processes summonses and violations issued by the DOB’s inspection and safety and enforcement units and prosecutes summonses and violations before the City’s Office of Administrative Trials and Hearings (the “OATH”), Hearings Division — the central administrative tribunal for the City — which holds hearings on Environmental Control Board (“ECB”) cases (“ECB/OATH hearings”). (Id.
