Landlord Had No Permit for Air Conditioning System

LVT Number: #23198

The Fire Department issued a violation notice to landlord for not having a permit for use of the building's air conditioning system. Landlord claimed that he wasn't properly served with the violation notice. The ALJ ruled for landlord and dismissed the violation. The Fire Department appealed and won. A copy of the violation notice was posted at the building and then mailed there. It was also mailed to another address maintained by the landlord. Landlord had argued that there was no floor number on the addresses used for mailing.

The Fire Department issued a violation notice to landlord for not having a permit for use of the building's air conditioning system. Landlord claimed that he wasn't properly served with the violation notice. The ALJ ruled for landlord and dismissed the violation. The Fire Department appealed and won. A copy of the violation notice was posted at the building and then mailed there. It was also mailed to another address maintained by the landlord. Landlord had argued that there was no floor number on the addresses used for mailing. But landlord's addresses on file with the Department of Finance didn't indicate a floor number at either address. Landlord never claimed that it didn't receive the notice because there was no floor number listed. Landlord was fined $400.

Kaliman: ECB App. No. 1000722 (1/20/11) [3-pg. doc.]

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