Landlord Fined for Holes in Brickwork and Stucco

DOB issued a violation notice to landlord for failing to maintain the exterior building wall in a safe condition. The inspector described holes in the brickwork and stucco, and peeling stucco on a chimney. The violation notice also stated that this was a repeat offense. Landlord claimed that the conditions weren't hazardous, and that it wasn't a second offense. The ALJ ruled against landlord and fined him $2,000. Landlord appealed. The ECB ruled for landlord in part. The inspector had testified that since the prior violation was issued, more stucco lamination was deteriorating and that bricks were more likely to fall from the chimney. So this violation was hazardous. However, since the prior violation was found to be nonhazardous, the new violation couldn't be considered a second offense. The fine was reduced to $800.

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