Housekeeping Violation Applied to Construction Sites Only

LVT Number: 19059

DOB issued a violation notice to landlord for not maintaining adequate housekeeping in an area used by the public. The notice stated that there was a sinkhole in the rear yard due to the collapse of a dry well. Landlord denied the charge. The ALJ ruled against landlord and fined him $500. Landlord appealed and won. The Building Code section that DOB relied on applied only to construction sites. There was no construction at landlord's building. So the violation must be dismissed.

DOB issued a violation notice to landlord for not maintaining adequate housekeeping in an area used by the public. The notice stated that there was a sinkhole in the rear yard due to the collapse of a dry well. Landlord denied the charge. The ALJ ruled against landlord and fined him $500. Landlord appealed and won. The Building Code section that DOB relied on applied only to construction sites. There was no construction at landlord's building. So the violation must be dismissed.

Owner of 224-19 145th Ave.: ECB App. No. 36369 (6/29/06) [2-pg. doc.]

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