Failure to Maintain Chimney Was Class 1 Violation

DOB issued a second violation notice to landlord for failing to maintain a chimney in a safe condition. DOB’s inspector saw a corroded and perforated steel chimney in danger of collapse, with openings at various levels and joints and escaping fumes. The ALJ fined landlord $2,500. Landlord appealed and lost. Landlord claimed that DOB didn’t prove this was a Class 1 violation. But the escaping fumes and severe corrosion causing the possibility of the chimney's collapse supported the finding of a Class 1 violation that poses a threat that severely affects life, health, safety, property, the public interest, or a significant number of people.

256 East 10th Street NY, LLC: ECB App. No. 0900482 (2/25/10) [3-pg. doc.]