Fire Department Didn't Prove That Violation Was Second Offense

The Fire Department issued a violation notice to landlord for not performing a five-year test on its sprinkler system piping. The Fire Department claimed that this was a second offense. Landlord denied this. At a hearing, the Fire Department couldn't produce the first violation notice. The ALJ ruled for landlord and fined it $125 for a first offense. The Fire Department appealed, claiming it was ECB's fault that it didn't have all of its records at the hearing. ECB ruled against the Fire Depart-ment. The Fire Department was responsible for proving that this was a second offense. The Fire Department should have asked for an adjournment if it couldn't find its records at the hearing.

City of New York v. Corbin Terrace Apts., Inc.: ECB App. No. 9018 (11/16/93) [2-page document]