Did Water Tanks Present Immediately Hazardous Conditions?

DOB issued a violation notice to landlord for failing to correct a prior violation and failing to maintain two wooden water tanks on the building roof. Landlord claimed that the prior violation had been corrected and showed a printout from DOB’s Building Information System (BIS) showing a certificate of correction predated the violation notice. The ALJ ruled against landlord and fined it $2,400, finding that landlord had only attempted to cure before the second violation. The ALJ also found that the violation was immediately hazardous. Landlord appealed, and the case was reopened. The ALJ focused on whether the first violation had been cured and didn’t give landlord a chance to prove that the violation wasn’t immediately hazardous. A hearing was needed on that question.

Glenmore Associates: ECB App. No. 1200320 (7/26/12) [4-pg. doc.]