Landlord Didn't Seal Vacant Building

DOB issued a violation notice to landlord for failing to keep a vacant building safe and secure by properly sealing all openings. DOB's inspector noted that an overhead door on the right side of the building was open and that city regulations required vacant buildings such as this one to be sealed with masonry. Landlord claimed that wood planking normally sealed the door frame and was blown down by a hurricane a few weeks before the violation was issued. Landlord claimed that he didn't replace the planking immediately because he wanted to air out the building. The ALJ ruled against landlord and fined him $400. Landlord appealed and lost. City rules require that one door opening, readily visible from the street, may be sealed with a padlocked metal roll-up door. The exposed garage door composed of glass and metal didn't qualify. And all exterior openings in buildings constructed of masonry must be sealed with concrete block or stucco or plywood. Landlord also had more than enough time to repair any damage caused by Hurricane Irene by the time of the violation notice.

DeForge: ECB App. No. 1101301 (3/29/12) [2-pg. doc.]