New Landlord Cleared Unsafe Property Without Knowledge of Stop-Work Order

DOB issued a violation notice to landlord for unlawfully continuing work while on notice of a stop-work order (SWO) at his building. The SWO was issued in April 2009 for a foundation being erected without a permit. In the new violation, DOB observed that the building foundation had been demolished, against the SWO, and that the land was now vacant. Landlord testified at a hearing that when he bought the building in November 2016 the walls had already been knocked down because of Hurricane Sandy in 2012, that there had been complaints that the property was unsafe, and that within three days of closing he tore down the remainder of the foundation to ensure safety of the area. He claimed that he didn't know the SWO was in effect at that time. The ALJ ruled against landlord and fined him $4,800.

Landlord appealed and won. He argued that he bought the property as damaged by Hurricane Sandy, that its condition was unsafe, and that all he did was "level off the ground." ECB ruled for landlord and revoked the fine. The 2009 violation was issued to a different owner at an address and lot number different from that cited in the current violation, and DOB presented no proof that landlord had been notified of the SWO.

Arcabascio: ECB App. No. 1701103 (12/14/17) [3-pg. doc.]