Department of Buildings ruled this sign at 302 Metropolitan Avenue was illegal. Image credit: Google

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.

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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 to obtain a Buildings waiver of all excavation requirements for the thirty sites.  Monadnock presented an email from a Buildings assistant plan examiner confirming the excavation requirements for “all Egan Street” were waived.  The hearing officer decided in favor of Monadnock, finding they reasonably relied on the Buildings statements.  Buildings appealed.

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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 premises’ Temporary Certificate of Occupancy (TCO) allows for the cellar to be used for storage, the first floor as a cabaret, and the second floor for retail. However, the issuing officer found the cellar being used as the entertainer’s lounge, and the first and second floors as an adult establishment. The owner argued that altering the cabaret to an adult establishment was allowable since both are within zoning use group 12, as well as occupancy group F-4, as stated in the TCO. Both of these groups cover eating and drinking establishments with dancing and entertainment. In addition, the owner argued that DOB already approved the alteration plans but admitted the TCO did not reflect the approved changes. At the hearing, the administrative law judge (ALJ) upheld the violation finding the use as an adult establishment, and the cellar and second floor uses were illegal occupancies since it didn’t adhere to the TCO.

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175 Grand Street, Brooklyn

Company argued that two promotional contest signs installed at bodega were accessory signs. On September 9, 2010, the City’s Department of Buildings issued four notices of violation to Contest Promotions NY LLC for two signs installed at the New Grocery and Deli located at 175 Grand Street in Brooklyn. Contest Promotions is a promotional company that works with businesses to promote contests and sweepstakes. The sign featured advertisements for the Nikita television program and the Topman clothing store. Directly above the advertisements, each sign featured small text for a promotional contest that read, “Free posters, while supplies last – Enter here to win great prizes.” Two NOVs charged violations of the City’s zoning resolution for installing advertising signs in an area where such signs were prohibited. The other two NOVs charged violations of the City’s building code for illegally installing signs without a building permit while acting as an unregistered outdoor advertising company.

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Repairs to building subject to 1938 Building Code triggered new minimum height requirements. In February, June, and October of 2010, Buildings issued notices of violation to the owner of 331 Columbus Avenue, Manhattan. The issuing officer in each instance observed the same violation of the 2008 Construction Codes: brick parapet walls on the roof were not 42 inches in height.

At a hearing, the owner conceded that the walls in question were less than 42 inches in height, but argued that the 1938 Building Code, and not the 2008 Building Code, applied to the building. The owner submitted a 1988 certificate of occupancy in support of this contention, and also submitted a Buildings- approved application from 2007 which requested review under the 1938 Building Code. The application sought to replace and repair the parapet walls.

Buildings countered that the parapet walls would have remained “grandfathered” under the 1938 Building Code had the 2007 work not been performed. But, Buildings continued, performing the approved work in 2007 subjected the work to a 1960 amendment to the 1938 Building Code. The amendment required that parapet walls have a height of 42 inches. An ALJ ruled against the owner, and the owner appealed to the Environmental Control Board.

The Board denied the appeal, ruling that the owner had violated the cited section of the 2008 Construction Codes by failing to comply with the 1938 Building Code, as amended in 1960. Once the owner elected to alter the building in 2007 under the 1938 Building Code, compliance with the 1960 amendment became necessary.

NYC v. 60 West 76th Street, ECB Appeal No. 1100643 (Sept. 22, 2011).