Damaged Exterior Wall Is Hazardous Violation

DOB issued a violation notice to landlord for not maintaining an exterior building wall. The ALJ found that the broken, damaged, and collapsing retaining wall described in the violation notice was properly designated as a hazardous violation and fined landlord $800. Landlord appealed, pointing out that the wall didn't collapse during the three-month period between when the violation was issued and when it was mailed to landlord. ECB ruled against landlord. Since there was a likely possibility that the wall could have collapsed, there was a poten-tial hazard. And even though landlord repaired the wall right after getting the violation notice, the initial finding required the full $800 penalty.

Corso: ECB App. No. 30662 (10/28/98) [2-pg. doc.]