No Attempt Made to Send Notice to Corporate Officer

The Fire Department issued a violation notice to landlord for not complying with Fire Department Rules 14, 15, and 16. Landlord claimed that the violation notice was improperly sent. The Fire Department had delivered the notice to the building's superintendent instead of the corporate landlord. Landlord argued that the Fire Department should first have made a reasonable attempt to send the violation notice to a corporate officer or the building's managing agent. The ALJ ruled against landlord and fined it $1,350. Landlord appealed. ECB ruled for landlord and revoked the fine. No attempt had been made to locate a corporate officer or agent at the building before the Fire Department sent the violation notice to the super. This was contrary to law, and so the notice was defective.

Avenue P Realty Corp.: ECB App. No. 26046-7 (8/13/97) [2-page document]