Defects in Exterior Wall Were Hazardous

DOB issued a violation notice to landlord for not maintaining an exterior building wall in a safe condition. The notice said there was cracked, loose, and defective masonry stonework in various areas on the west elevation, and described the violation as hazardous. Landlord claimed that any problems with the wall weren't hazardous. Even though the inspector didn't appear at the hearing held on the violation, the ALJ ruled against landlord and fined her $800. Landlord appealed and lost. It didn't matter that the inspector didn't appear. The conditions described in the violation notice were made by sworn statement. Landlord got the chance to present proof that the notice was incorrect. But landlord's proof was insufficient to overcome the charge in the violation notice that the condition was hazardous.

Williams: ECB App. No. 39502 (6/29/04) [2-pg. doc.]