Landlord Fined for Failing to Maintain Petrometer on Fuel Oil Tank

LVT Number: #27190

The Fire Department issued a violation notice to landlord for failing to maintain the building’s heating system, and directed landlord to replace the level indicating device (petrometer) for the fuel oil tank. Landlord claimed that the level indicating device had been repaired prior to issuance of the violation and in response to a prior violation notice. The ALJ believed landlord but found landlord’s proof insufficient to show that the work was completed by the time the second violation notice was issued. Landlord was fined $1,875. Landlord appealed and won, in part.

The Fire Department issued a violation notice to landlord for failing to maintain the building’s heating system, and directed landlord to replace the level indicating device (petrometer) for the fuel oil tank. Landlord claimed that the level indicating device had been repaired prior to issuance of the violation and in response to a prior violation notice. The ALJ believed landlord but found landlord’s proof insufficient to show that the work was completed by the time the second violation notice was issued. Landlord was fined $1,875. Landlord appealed and won, in part. Since landlord had corrected the condition on or before the first scheduled hearing date for the second violation, the penalty was reduced to $935.

 

 

Perikles Realty LLC: ECB App. No. 1600519 (7/28/16) [3-pg. doc.]

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