Roof Being Repaired When Violation Issued

DOB issued a violation notice to landlord for not maintaining a building in a safe condition. The inspector found construction debris in the yard of the property. Landlord claimed that the condition was temporary because a roofing contractor was at work on the roof of the building on the day the violation was issued. The DOB inspector didn't appear at the hearing. The ALJ ruled for landlord, finding that the code section cited in the violation notice didn't apply to yards. DOB appealed and lost. Although the ALJ incorrectly ruled that the code section in question didn't apply to yards, DOB presented no proof to contradict landlord's claim that it was working on the building when the violation was issued. There was no proof that landlord wasn't maintaining the yard in a safe condition.

Elezaj & Sons Realty: ECB App. No. 34255 (5/27/03) [2-pg. doc.]