DOB Delivered Violation Notice Improperly

DOB issued violation notices to landlord in connection with conversion of medical offices in the building basement to dwelling space. The notices were delivered to landlord by "affix and mail" service after personal delivery was attempted. Landlord claimed that DOB didn't properly deliver the violation notices. The ALJ ruled against landlord and fined her $3,600. Landlord appealed. ECB reversed and revoked the fine. The notices were slipped between the front door and storm door of the building. This wasn't proper delivery. The papers must be affixed to the building by tape or other device that ensures that they adhere to the structure. The violations were dismissed without addressing the merits.

Hsiau: ECB App. Nos. 42690-1 (2/26/09) [3-pg. doc]