Facade Not Maintained in Safe Condition

DOB issued a violation notice to landlord for not maintaining the building in a safe condition. The notice stated that there was bulging and various cracks in the facade, as well as a piece of missing facade that exposed the brickwork. Landlord didn't deny that the conditions existed but claimed that they weren't hazardous. The ALJ reduced the charge to a nonhazardous offense and fined landlord $350. Landlord appealed, claiming that it was contradictory for the ALJ to find that the building was well maintained and that there was no risk of falling masonry, and at the same time issue a violation for not maintaining the wall. ECB ruled against landlord. Although the wall's condition wasn't hazardous, photographs and landlord's own admissions clearly showed that the wall needed repair.

Outcault: ECB App. No. 34163 (7/29/03) [2-pg. doc.]