Notice Didn't Describe Correct Equipment

The Fire Department issued a violation notice to landlord for operating equipment without a valid permit. Specifically, the violation notice described an oil burning system. Landlord argued that its building was heated by gas, and not oil. Landlord asked that the violation be dismissed. The inspector stated that he meant to cite an air conditioning system, not an oil burning system. The inspector asked the ALJ if he could amend the violation notice. The ALJ said no, but still ruled against landlord and fined him $300. Landlord appealed. The ECB ruled for landlord and revoked the fine. The violation notice clearly charged landlord with operating an oil burning system without a permit, which landlord did not do.

Queens Blvd. Towers Condo: ECB App. No. 42530 (10/26/04) [2-pg. doc.]