Two Violations Issued for Same Condition

The DOS issued two notices of violation to landlord for dirty sidewalk conditions, one for each of two adjoining addresses at the same time on the same day. Landlord claimed that the address, 230-232 Mercer Street, was one building with only one entrance. The other entrance had been closed. The ALJ ruled against landlord and fined him $100. Landlord appealed and proved that at one time there were two adjoining buildings, but now it was one building. The ECB reduced landlord's fine to $50. Two violation notices for the same condition can't be issued to the same building at substantially the same time.

[Griffuni: ECB Appeal Nos. 9734-9735 (4/29/92)]. 2-page document.