Two Violations Issued on Different Dates

LVT Number: 12133

DOB issued two violation notices on different dates for performing plumbing work without a permit. One notice was issued to landlord, and the other was issued to landlord's wife. Landlord claimed that since the second violation was a duplicate of the first, it should be dismissed. The ALJ ruled for landlord, and DOB appealed, claiming that each occurrence was a separate violation. ECB ruled for DOB and fined landlord $175. The separate violation notices were properly issued, and both landlord and his wife were ''owners'' as defined under applicable city law.

DOB issued two violation notices on different dates for performing plumbing work without a permit. One notice was issued to landlord, and the other was issued to landlord's wife. Landlord claimed that since the second violation was a duplicate of the first, it should be dismissed. The ALJ ruled for landlord, and DOB appealed, claiming that each occurrence was a separate violation. ECB ruled for DOB and fined landlord $175. The separate violation notices were properly issued, and both landlord and his wife were ''owners'' as defined under applicable city law.

Kalamaras: ECB App. No. 25715 (5/28/97) [2-page document]

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