Landlord Cited for Incorrect Violation

DOB issued a violation notice to landlord for having a fuel oil tank ``improperly located.'' Landlord claimed there was no such violation. The ALJ ruled against landlord and fined him $700. Landlord appealed. DOB claimed that a second fuel tank in landlord's boiler room didn't have a certificate of approval and that the second fuel oil tank shouldn't be there. ECB ruled for landlord and revoked the fine. No code requires that a fuel oil tank have a certificate of approval, and DOB didn't show how the second tank was improperly placed.

G & A Girosa: ECB App. No. 20782 (5/29/96) [2-page document]