Fine Reduced Where No Notice of Second Offense

DOB issued a second violation notice to landlord for failing to maintain a building in safe condition. The inspector described the conditions as holes in the ceilings and walls, as well as sagging floors on the second and third floors. Landlord claimed that he had repaired some of the conditions. The ALJ ruled against landlord and fined him $4,000. Landlord appealed, pointing out that the violation notices didn't state that they were for second offenses. ECB ruled for landlord in part. Landlord was responsible for the conditions cited in the violation notices. But landlord didn't receive proper notice that the violations were for second offenses. The fine was reduced to $2,400.

Owner of 839 Broadway: ECB App. Nos. 39165-39166 (3/29/07) [1-pg. doc.]