Board finds no evidence the engineer knew or should have known his filed plans were inaccurate. On September 25, 2014 the Department of Buildings issued a notice of violation to Kenneth Philogene, a professional engineer, for making a material false statement in amended construction plans filed with DOB. The amended plans submitted by Mr. Philogene on September 8, 2014 showed the subject building at 1215 Jefferson Avenue in Bushwick, Brooklyn to be three stories tall, … <Read More>
Search Results for: Appeal
ECB Reinstates Construction Company Penalty
Respondent previously relied on an agency email waiving excavation requirements. On March 11, 2015 a Department of Buildings inspection officer issued notices of violation to Monadnock Construction for thirty building sites along the length of Egan Street in East New York, Brooklyn. The notices were issued because the construction sites had begun excavation without notifying Buildings and obtaining excavation numbers for each site. Monadnock contested the notices and argued they submitted the necessary AI-1form … <Read More>
ECB Upholds Buildings Advertising Signs Violation in Brooklyn
Board agreed zoning prohibited advertising signs painted on the wall. On March 29, 2014 the Department of Buildings issued five notices of violation against the Respondent, Metropolitan Avenue 298-308 Associates, Inc., for a prohibited outdoor advertising company sign painted onto the wall of 302 Metropolitan Avenue and failing to comply with previous Buildings orders in 2011 to correct previously-displayed signs.
Environmental Control Board Finds Post Office Subject to City Jurisdiction
ECB found federal Postal Service not exempted from Noise Code on grounds of preemption. On April 4, 2014 the Department of Environmental Protection issued a notice of violation against the Staten Island Main Post Office for operating an air conditioning unit in excess of the allowable decibel limit under the City Noise Code. The Post Office contested the notice with the Environmental Control Board, arguing the United States Postal Service was “an independent establishment … <Read More>
Delay in Receiving LPC Permit No Defense to Failure to Acquire DOB Permit
Owner of individual landmark was ordered by Buildings to obtain a permit to correct illegal work. On September 10, 2013, Marilyn Levine, owner of an individually landmarked 1846 Greek Revival townhouse at 5 West 16th Street in Manhattan, was issued a notice of violation (NOV) by the Department Buildings for failing to comply with an order to obtain a Buildings permit to correct a violation for work done without a permit. The original violation was … <Read More>
ECB Held Premises Used as Adult Establishment Violated TCO
Respondents argued DOB-approved alteration plans sufficient to change occupancy of premises from cabaret to adult establishment. On October 13, 2011, the City’s Department of Buildings (DOB) issued notices of violations to 725 7th Avenue Realty Co. for illegal use of the premises as an adult establishment, as well as illegal use of the second floor and cellar. The premise is currently occupied by the Lace Gentlemen’s Club located at 725 7th Avenue in Manhattan.
The … <Read More>