Roof Deck Installed Without Permit

LVT Number: #24421

DOB issued a violation notice to landlord for installing a roof deck without a permit. Landlord claimed that he was in the process of obtaining a permit and that his architect had filed plans with DOB. The ALJ ruled against landlord and fined him $2,400. Landlord appealed and lost. Landlord claimed that he shouldn't be held responsible for his architect's failure to meet the permit application filing deadline. But filing plans with DOB to correct a prior violation wasn't a valid defense. A prior violation had ordered landlord to file a certificate of correction.

DOB issued a violation notice to landlord for installing a roof deck without a permit. Landlord claimed that he was in the process of obtaining a permit and that his architect had filed plans with DOB. The ALJ ruled against landlord and fined him $2,400. Landlord appealed and lost. Landlord claimed that he shouldn't be held responsible for his architect's failure to meet the permit application filing deadline. But filing plans with DOB to correct a prior violation wasn't a valid defense. A prior violation had ordered landlord to file a certificate of correction. When the current violation was issued, landlord hadn't obtained the needed permit.

Minardi: ECB App. No. 1200398 (9/27/12) [3-pg. doc.]

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