Holes in Brickwork and Stucco a Hazardous Condition

DOB issued a violation notice to landlord for a repeat hazardous violation. The notice said that landlord failed to maintain the exterior building wall in a safe condition due to holes in brickwork and stucco. Landlord claimed that the violation wasn't hazardous, because the prior violation said it wasn't hazardous. The ALJ ruled against landlord and fined him $2,000. Landlord appealed. The ECB ruled for landlord in part. The inspector testified that the stucco was further deteriorating when the second violation was issued, making it more likely that additional brickwork would fall from the chimney. But since the first violation was nonhazardous, the second violation couldn't be classified as a repeat hazardous violation. The fine was reduced to $800.

Siegenfeld: ECB App. No. 40450 (3/29/07) [1-pg. doc.]