No Proof Violation Notice Affixed to Building

LVT Number: 18471

DOS issued a violation notice to landlord for a dirty sidewalk area. Landlord claimed that DOS didn't properly deliver the notice. He said that DOS didn't affix a copy of the violation notice to the building. The ALJ ruled against landlord and fined it $50. Landlord appealed and won. The inspector checked off the preprinted form boxes on the affidavit of service, indicating that he couldn't personally deliver the violation notice to landlord, but didn't indicate that he had affixed the notice to the building as required by law when using an alternative delivery method.

DOS issued a violation notice to landlord for a dirty sidewalk area. Landlord claimed that DOS didn't properly deliver the notice. He said that DOS didn't affix a copy of the violation notice to the building. The ALJ ruled against landlord and fined it $50. Landlord appealed and won. The inspector checked off the preprinted form boxes on the affidavit of service, indicating that he couldn't personally deliver the violation notice to landlord, but didn't indicate that he had affixed the notice to the building as required by law when using an alternative delivery method. So there was no proof that DOS affixed a copy of the violation notice to the building, as required by law.

Lynch Realty Corp.: ECB App. No. 42748 (6/30/05) [2-pg. doc.]

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