Bricks Bulging from Wall

The DOB issued a violation notice to landlord for not maintaining an exterior building wall---a hazardous condition. A DOB inspector stated that he saw bricks bulging from the wall. Landlord claimed that the wall in question, which separated the sidewalk from an interior courtyard below the sidewalk grade, wasn't part of the building---it was merely a voluntary decorative wall. The ALJ found that the bulging wall constituted a hazardous violation and fined landlord $650. Landlord appealed, arguing that the wall was a parapet wall and complied with the parapet rules and regulations. The ECB denied landlord's appeal. The wall in question wasn't a parapet wall because it didn't continue at or above the roof line---it rose only 6 feet above the sidewalk. And, even if the wall was only a voluntary decorative wall, it was still part of the building and must be maintained in a safe condition.

City of New York v. Stux: ECB App. No. 7323 (1/15/92) [3-page document]