DOB Properly Delivered Violation Notice Using ''Nail and Mail''

DOB issued a violation notice to landlord for not maintaining an exterior wall of the building. Landlord claimed that the violation notice wasn't properly delivered. Landlord argued that the inspector should have gone into the restaurant in the building and looked for someone to personally deliver the violation notice to before resorting to delivery by ''nail and mail.'' The ALJ ruled against landlord and fined it $800. Landlord appealed and lost. The DOB inspector had tried to gain access to the building but couldn't get in past the vestibule. He had then made a reasonable attempt to find someone at the building to attempt personal delivery of the notice before resorting to delivery by nail and mail. The inspector wasn't required to visit the restaurant in the building to try to find someone to deliver the notice to if he couldn't get into the building through the normal entranceway.

Owner of 259 W. 29th St.: ECB App. No. 30277 (10/21/98) [4-pg. doc.]