‘Delivery and Mail' Service Improperly Used

The Fire Department issued a violation notice to landlord for not getting a certificate of approval for the alteration of an oil burner. Landlord claimed the notice was improperly delivered. The ALJ ruled against landlord and fined it $300. Landlord appealed. ECB ruled for landlord and revoked the fine. The notice was sent by ''delivery and mail,'' with a copy being delivered to a person employed by landlord at or in connection with the building, followed by mailings. But local law bars delivery and mail for violations relating to commercial buildings or residential buildings with four or more dwelling units. Since landlord showed that the residential building had four or more units, delivery of the violation notice was improper and the violation must be dismissed.

PMTX Realty Corp.: ECB App. No. 30712 (3/24/99) [2-pg. doc.]