Canopy Installed Without Permit

DOB issued a violation notice to landlord for doing work without a permit. Landlord had installed a vinyl canopy between the first and second stories of a mixed use building. Landlord argued that the canopy was a sign because it had a store name on it. The ALJ ruled for landlord and dismissed the violation because ECB doesn't have the authority to hear cases concerning placement, size, and display of signs. DOB appealed, arguing that the ``sign'' was also a canopy and if the canopy had been put up without lettering, landlord would need a permit and would be subject to the jurisdiction of ECB. ECB ruled for DOB and fined landlord $350. Just because a canopy contains lettering doesn't change the fact that it's a projection from the structure. DOB has authority over all types of projections and can issue violations for canopies erected without a permit. And ECB is authorized to hear cases based on DOB violations. Landlord didn't dispute that the canopy was put up without a permit. Landlord was fined $350.

WBH Realty Corp.: ECB App. No. 25318 (4/30/97) [3-page document]