Landlord Improperly Stored Wood Behind Building

DOB issued a violation notice to landlord for unsafe storage of combustible materials and equipment. DOB's inspector observed wooden planks and plywood stored at the rear yard of the building. Landlord claimed that the violation notice was improperly delivered. He also argued that the materials were stored near the backyard fence, away from the building, and were being used in ongoing construction at the building and two adjacent buildings that he owned. The ALJ ruled against landlord and fined him $1,200. Landlord appealed and lost. DOB properly affixed and mailed the violation notice after the super didn't answer his bell at the building. In addition, although Building Code Section 3303.4.5 permits storage of materials during lawful ongoing construction, landlord didn't prove that it was performing lawful construction.  And Building Code Section 2203.4.6 requires storage of combustible or other material that may present a fire hazard to comply with NYC Fire Code Section 315, which further prohibits outdoor storage of such material within 10 feet of a property line or 50 feet of the nearest wall of a building.

Paik: ECB App. No. 1200987 (1/31/13) [5-pg. doc.]