Violation for Mixed-Use Building Incorrectly Issued

DOS issued a violation notice to landlord for failing to clean 18 inches into the street. Landlord protested, but the ALJ ruled against him and fined landlord $100. Landlord appealed and won. Landlord claimed that the violation was issued improperly during residential routing hours. Landlord’s building was mixed use, having a commercial premises on the ground floor and apartments upstairs. So, by law, it was considered a commercial building for purposes of street cleaning violations. So the violation notice shouldn’t have been issued to landlord during residential routing hours. The fine was revoked.

Greenspan: ECB App. No. 900383 (2/25/10) [2-pg. doc.]