DOH Fails to Prove Cooling Tower Inspection Notices Sent

DOHMH issue a violation notice to landlord for failing to comply with an order requiring inspection and disinfection of the building’s cooling tower and submission of records of this to the agency. Landlord claimed that it didn’t receive either DOHMH’s order or follow letter. The ALJ ruled against landlord and fined it $1,000. Landlord appealed and won. Landlord credibly asserted nonreceipt of the notices, and DOHMH had no proof of mailing. The fine was revoked.

111 Central Park North Condominium: ECB App. No. 1600687 (8/25/16) [3-pg. doc.]