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>


$160,000 fine for repeat billboard offenses

Property owner without a permit allowed outdoor advertising. One Maiden Lane Realty LLC leased outdoor space to a registered outdoor advertising company. Under the lease agreement, the property owner could not collect revenue from advertising signs or control advertising sign content. An officer from Buildings issued several notices of violation to the owner in June 2007 for erecting two advertising signs without a permit and for numerous zoning law violations. About a year later, Buildings … <Read More>


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.


ECB Denies Appeal of Dismissed Buildings Summons

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>


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>