Violation for Snow Condition Revoked as Storm Was Still in Progress

DOB issued a violation notice to landlord’s contractor for failing to clear frozen snow from the sidewalk in front of a building that was a demolition site. DOB claimed that there was a very slippery condition. The violation was issued at 12:05 p.m. on Feb. 2, 2015. Landlord showed that a snowstorm began on Feb. 1, 2015, between 8 p.m. and 9 p.m. and ended around 10 p.m. on Feb. 2, 2015. The ALJ found that this didn’t matter and fined landlord $1,600. The contractor appealed and won. Applicable Code provisions require landlords to clear snow and ice conditions within four hours after snow ceases to fall. Since the storm was ongoing when the violation was issued, it must be revoked.

Tuel Enterprises, Inc.: ECB App. No. 1500412 (6/25/15) [3-pg. doc.]