DOB Properly Delivered Violation Notice to Landlord

LVT Number: #25399

DOB issued a violation notice to landlord for performing work without a permit. The notice stated that an entire building, except for its rear wall, had been demolished and an eight-foot construction fence had been erected without permits. Landlord claimed that the notice was improperly delivered since it was affixed to the fence at the site. And a second copy, mailed to landlord at his Texas address, omitted landlord's apartment number. The ALJ ruled for landlord and dismissed the violation. DOB appealed and won.

DOB issued a violation notice to landlord for performing work without a permit. The notice stated that an entire building, except for its rear wall, had been demolished and an eight-foot construction fence had been erected without permits. Landlord claimed that the notice was improperly delivered since it was affixed to the fence at the site. And a second copy, mailed to landlord at his Texas address, omitted landlord's apartment number. The ALJ ruled for landlord and dismissed the violation. DOB appealed and won. DOB used the address in its records for the mailing to landlord, and complied with the second mailing requirement for proper service of the violation notice. DOB also mailed another copy to landlord at a California address. So DOB properly served the violation notice, and landlord was fined $1,600.

Boyer: ECB App. No. 1300988 (12/19/13) [3-pg. doc.]

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