Violation Notice Not Delivered to Respondent

The Fire Department issued violation notices to landlord for not maintaining the boiler room ceiling, not labeling a remote control switch, and not providing remote control electrical boxes in the building's basement. Landlord claimed the violation notices weren't properly sent. The ALJ ruled against landlord and fined him $1,125. Landlord appealed, pointing out that the affidavit of service for the violation notices stated that the notices were personally delivered to a man with brown hair. Landlord had black hair. ECB ruled for landlord and revoked the fines. The Fire Department didn't dispute landlord's claim that the violation notices weren't personally delivered to him.

Fragala: ECB App. No. 27919 (2/24/99) [2-pg. doc.]