Landlord Removed Graffiti from Building Wall

DOS issued a violation notice to landlord for failing to remove graffiti within 60 days of notice from the city to do so. Landlord objected, but the ALJ fined landlord $150. Landlord appealed. As permitted by the Sanitation Code, he filed a written consent to have the city remove the graffiti. Then he went ahead himself and removed the graffiti within 60 days. ECB ruled for landlord and revoked the fine. Landlord didn't prove that he filed the written consent with the city. But he showed that he removed the graffiti within the time required to avoid a fine.

Dastghaib: ECB App. No. 0800028 (5/7/09) [3-pg. doc.]