Landlord Didn't Renew Permit for Fuel Oil Storage

LVT Number: 11649

The Fire Department issued a violation notice to landlord for not getting a valid permit for storage of fuel oil at the building. A hearing was set for two months after the date of the violation notice. By the time the hearing was held, after several delays, landlord had paid for renewal of the permit. Landlord also claimed it was the new owner and didn't know the fee hadn't been paid. The ALJ ruled against landlord and fined it $800. Landlord appealed, claiming that the fine was excessive. ECB again ruled against landlord. The $800 fine was appropriate for a second offense.

The Fire Department issued a violation notice to landlord for not getting a valid permit for storage of fuel oil at the building. A hearing was set for two months after the date of the violation notice. By the time the hearing was held, after several delays, landlord had paid for renewal of the permit. Landlord also claimed it was the new owner and didn't know the fee hadn't been paid. The ALJ ruled against landlord and fined it $800. Landlord appealed, claiming that the fine was excessive. ECB again ruled against landlord. The $800 fine was appropriate for a second offense. It didn't matter that landlord eventually paid the fee and may not have intended to avoid payment.

465 Ocean Pkwy. Assoc.: ECB App. No. 23216 (12/11/96) [2-page document]

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