Landlord Permitted Unauthorized Construction Activity

DEP issued a violation notice to landlord for permitting construction activities on a Saturday. The Building Code permitted construction only on weekdays between 7:00 a.m. and 6:00 p.m. Landlord claimed that there was no construction activity at the time cited. The DEP inspector reported that he saw a truck delivering wood to the building, after which a worker cut wood for window frames in a fenced-in courtyard at the building. The ALJ ruled against landlord and fined it $1,400. Landlord appealed and lost. Landlord's claim that it only received the wood for delivery wasn't enough to rebut the inspector's claim that he saw working using a circular saw to cut woods for window frames.

Broadwall Management: ECB App. No. 47528 (1/22/09) [3-pg. doc.]