Landlord Did Construction Work on Sunday and Without Noise Mitigation Plan

DEP issued violation notices to landlord for doing construction work at a three-family house on a Sunday and without a noise mitigation plan (NMP). DEP's inspector testified that he saw workers mixing concrete outside the building, and showed photographs of a grinder and other power tools next to the workers. He said the workers were not using the power tools at the time of inspection. Landlord claimed that he didn't know that the contractor was there on a Sunday and didn't authorize it. He also said they were only doing stucco work, which didn't require power tools. The ALJ ruled against landlord and fined him $2,275. Landlord appealed and lost. A noise mitigation plan was required under Admin. Code Section 24-220 before work started, and landlord hadn't filed one. Code Section 24-222 prohibited work except on weekdays between 7 a.m. and 6 p.m. unless an exception applied or landlord obtained a variance.

Sarhan: ECB App. No. 1701394 (3/8/18) [5 pg. doc.]