Violation Notice Delivered by ‘Nail and Mail' to Vacant Building

DOB issued a violation notice to landlord for not keeping a building's sidewalk shed lit at night. Landlord claimed that the violation notice was improperly delivered, because it was posted at and mailed to a vacant building. The ALJ fined landlord $2,000, finding that the notice was properly delivered by ''nail and mail'' service. Landlord appealed and lost. Landlord pointed to no laws or rules barring the method of delivery used by DOB. And even if the building was vacant, that didn't mean it should be unattended. Landlord was responsible for maintaining the building, and someone representing landlord should be visiting the building where mail and postings could be picked up. Also, landlord could notify the post office of a forwarding address for mail addressed to the building.

101 E. 26th St.: ECB App. No. 32150 (1/19/00) [3-pg. doc.]