No Proof that Violation Notice Posted at Building

DOS issued a violation notice to landlord for having a dirty sidewalk. Landlord claimed that the violation notice wasn't sent properly. The ALJ ruled against landlord and fined him $50. Landlord appealed. Landlord argued that no copy of the violation notice was posted at the building, as required when DOS uses a ''nail and mail'' method of delivery. The inspector who issued the violation couldn't recall whether or when he posted a copy of the violation. So ECB ruled for landlord and revoked the fine.

Donlee Realty Corp.: ECB App. No. 33720 (7/30/02) [2-pg. doc.]