Violation Mistakenly Designated Hazardous

DOB issued a violation notice to landlord for not maintaining the building in a safe condition because a light stanchion at the roof parapet area was in disrepair. The violation notice stated that the condition was hazardous. Landlord claimed that the condition wasn't hazardous. The inspector agreed that it was a mistake to call the condition hazardous, but the ALJ still ruled against landlord and fined him $175. Landlord appealed. Landlord claimed that the penalty should be waived because this was a first offense and he corrected the non-hazardous violation within 35 days of service of the violation notice. ECB ruled for landlord and revoked the fine.

Bianco: ECB App. No. 23075 (10/30/96) [2-page document]