Landlord Didn't Need Permit

LVT Number: 15133

DOB issued a violation notice to landlord for resurfacing a driveway without a permit. Landlord claimed that the violation notice was defective because it didn't include a specific section of law. The ALJ ruled for landlord and dismissed the violation. DOB appealed, claiming that it could amend the violation notice. ECB ruled for DOB in part. Landlord did have sufficient notice of the claimed violation, and DOB could amend the notice. But there was no violation. Landlord didn't need a permit for the work done.

DOB issued a violation notice to landlord for resurfacing a driveway without a permit. Landlord claimed that the violation notice was defective because it didn't include a specific section of law. The ALJ ruled for landlord and dismissed the violation. DOB appealed, claiming that it could amend the violation notice. ECB ruled for DOB in part. Landlord did have sufficient notice of the claimed violation, and DOB could amend the notice. But there was no violation. Landlord didn't need a permit for the work done.

Tatum: ECB App. No. 34314 (6/26/01) [2-pg. doc.]

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