Violation Notice Properly Delivered to California

DOB issued a violation notice to landlord for not maintaining a boiler in a safe and proper condition and in good working order. Landlord claimed that he didn't receive proper notice of the violation. The ALJ ruled against landlord and fined him $400. Landlord appealed and lost. City law requires DOB to try to deliver the violation notice to landlord or his agent personally at the building. After a reasonable attempt to do so, DOB was permitted to leave a copy of the violation notice at the building and mail a copy to landlord at the address on file at HPD of the Department of Finance. Here, DOB found no one at the building, left a copy there, and mailed a copy to landlord at his California address. So DOB properly delivered the violation notice to landlord.

Dicandia: ECB App. No. 34738 (5/28/02) [3-pg. doc.]