Violation Notice Not Properly Delivered

The Fire Department issued a violation notice to landlord for failing to maintain fireproof partitions and walls in a boiler room. Landlord claimed that the notice wasn't properly delivered to her. The ALJ ruled against landlord and fined her $450. Landlord appealed. The inspector delivered and mailed a copy of the violation notice to the building super. But because the building had five or more apartments, the Fire Department was required to attempt delivery of the notice to landlord at landlord's home or place of business. Because this wasn't done, the violation was dismissed and the fine revoked.

Rosenbaum: ECB App. No. 35690 (3/29/07) [3-pg. doc.]