Notice Mailed to Landlord's Last Known Address

DEP issued a violation notice to landlord for not renewing an expired boiler registration. Landlord claimed that the violation notice wasn't sent to its current address. The ALJ ruled against landlord and fined it $350. Landlord appealed and lost. DEP followed applicable rules, which required mailing the violation notice to the address listed on landlord's application, permit, or operating certificate, or to the address where the boiler was located. DEP had mailed the notice to the address contained in the last-filed registration certificate. DEP had no obligation to search other city records for a more current address for landlord.

Creative Housing Corp.: ECB App. No. 34021 (7/30/02) [3-pg. doc.]