Chimney Pipe Not Long Enough

DOB issued a violation notice to landlord for having a chimney pipe on the roof that didn't extend at least three feet above the highest structure of the building. Landlord argued that DOB had approved the chimney by issuing a certificate of occupancy in 1974. The ALJ ruled against landlord and fined it $400. Landlord appealed, arguing that the chimney was unchanged from the time a certificate of occupancy was issued in 1974 until the violation notice was issued in 1999. Landlord claimed that because DOB issued a certificate of occupancy for the building, the chimney pipe must have been proper. The ECB ruled against landlord. There was insufficient proof that the chimney had never been changed. Landlord's family bought the building in 1972 and converted it from a factory to a multiple dwelling. But landlord had no personal knowledge of what work was performed at the building.

518 E. 80th St. Co.: ECB App. No. 3822 (3/30/06) [3-pg. doc.]