Violation Notice Not Properly Delivered

DOB issued a violation notice to landlord for illegally altering a two-family residence into a three-family residence. Landlord claimed that DOB didn’t properly deliver the violation notice. She claimed that the inspector’s description of the person served with the notice didn’t match landlord’s description. The ALJ ruled against landlord and fined her $3,050. Landlord appealed. ECB ruled for landlord and revoked the fine. The ALJ had agreed at the hearing that the inspector’s affidavit of service described landlord as a woman between 51 and 65 years old. But landlord showed the ALJ proof that she was 27. And DOB presented no evidence at the hearing as to how the violation notice was delivered. The violation was dismissed.

Galletta: ECB App. No. 42243 (11/17/08) [1-pg. doc.]